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(2D) This subsection applies— | |
(a) to any person who works at the premises in a capacity, | |
whether paid or unpaid, which gives him authority to sell, | |
supply or distribute the alcohol concerned, | |
(b) in the case of licensed premises, to— | 5 |
(i) the holder of a premises licence which authorises the | |
sale or supply of alcohol, and | |
(ii) the designated premises supervisor (if any) under | |
such a licence, | |
(c) in the case of premises in respect of which a club premises | 10 |
certificate authorising the sale or supply of alcohol has effect, | |
to any member or officer of the club which holds the | |
certificate who at the time the sale, supply or distribution | |
takes place is present on the premises in a capacity which | |
enables him to prevent it, and | 15 |
(d) in the case of premises which may be used for a permitted | |
temporary activity by virtue of Part 5 of the Licensing Act | |
2003, the premises user in respect of a temporary event notice | |
authorising the sale or supply of alcohol. | |
(2E) A person guilty of an offence under this section is liable on summary | 20 |
conviction— | |
(a) in the case of an offence under subsection (2B), to a fine not | |
exceeding level 1 on the standard scale, and | |
(b) in the case of an offence under subsection (2C), to a fine not | |
exceeding level 2 on the standard scale.” | 25 |
(3) In subsection (3), for “licensed persons, and secretaries of clubs registered | |
under Part III of this Act,” substitute “persons to whom subsection (4) | |
applies”. | |
(4) After that subsection insert— | |
“(4) This subsection applies to— | 30 |
(a) the holder of a premises licence which authorises the sale or | |
supply of alcohol, | |
(b) the designated premises supervisor (if any) under such a | |
licence, | |
(c) the holder of a club premises certificate authorising the sale | 35 |
or supply of alcohol, and | |
(d) the premises user in relation to a temporary event notice | |
authorising the sale or supply or alcohol. | |
(5) In this section— | |
“alcohol”, “club premises certificate”, “designated premises | 40 |
supervisor”, “licensed premises”, “permitted temporary | |
activity”, “premises licence”, “premises user” and | |
“temporary event notice” have the same meaning as in the | |
Licensing Act 2003, | |
“relevant premises” means premises which are relevant | 45 |
premises within the meaning of section 158 of that Act and on | |
which alcohol may be lawfully sold or supplied, and | |
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“the three year period”, in relation to the convicted person, | |
means the period of three years beginning with the day of the | |
conviction.” | |
9 After section 8 (meaning of “public place”) insert— | |
“8A Interpretation of “licensed premises” | 5 |
For those purposes, “licensed premises” includes— | |
(a) any licensed premises within the meaning of section 190 of | |
the Licensing Act 2003, and | |
(b) any premises which may be used for a permitted temporary | |
activity by virtue of Part 5 of that Act.” | 10 |
Celluloid and Cinematograph Film Act 1922 (c. 35) | |
10 At the end of section 2 of the Celluloid and Cinematograph Film Act 1922 | |
(premises to which the Act does not apply), add “or which may, by virtue of | |
an authorisation (within the meaning of section 134 of the Licensing Act | |
2003), be used for an exhibition of a film (within the meaning of paragraph | 15 |
17 of Schedule 1 to that Act)”. | |
Sunday Entertainments Act 1932 (c. 51) | |
11 The Sunday Entertainments Act 1932 ceases to have effect. | |
Children and Young Persons Act 1933 (c. 12) | |
12 The Children and Young Persons Act 1933 is amended as follows. | 20 |
13 In section 5 (giving alcohol to a child under five) for “intoxicating liquor” | |
substitute “alcohol (within the meaning given by section 188 of the Licensing | |
Act 2003, but disregarding subsection (1)(f) to (i) of that section)”. | |
14 In section 12 (failing to provide for safety of children at entertainments)— | |
(a) in subsection (3) omit the words from “, and also” to the end, | 25 |
(b) in subsection (5), for paragraph (a) substitute— | |
“(a) in the case of a building in respect of which a premises | |
licence authorising the provision of regulated | |
entertainment has effect, be the duty of the relevant | |
licensing authority;”, and | 30 |
(c) after that subsection, insert— | |
“(5A) For the purposes of this section— | |
(a) “premises licence” and “the provision of regulated | |
entertainment” have the meaning given by the | |
Licensing Act 2003, and | 35 |
(b) “the relevant licensing authority”, in relation to a | |
building in respect of which a premises licence has | |
effect, means the relevant licensing authority in | |
relation to that building under section 13 of that Act.” | |
15 In section 107 (interpretation), omit the definition of “intoxicating liquor”. | 40 |
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Public Health Act 1936 (c. 49) | |
16 In section 226 of the Public Health Act 1936 (power of local authority to close | |
swimming bath and use it instead for other purposes)— | |
(a) for subsection (3) substitute— | |
“(3) Nothing in this section shall authorise the use of a swimming | 5 |
bath or bathing place for the provision of regulated | |
entertainment (within the meaning of the Licensing Act | |
2003), unless that activity is carried on under and in | |
accordance with an authorisation (within the meaning given | |
in section 134 of that Act).”, and | 10 |
(b) omit subsection (4). | |
London Building Acts (Amendment) Act 1939 (c. xcvii) | |
17 In each of the following provisions of the London Building Acts | |
(Amendment) Act 1939, for “the premises are so licensed” substitute “the | |
premises are premises which, by virtue of a premises licence under the | 15 |
Licensing Act 2003, may be used for the supply of alcohol (within the | |
meaning of section 15 of that Act) for consumption on the premises”— | |
(a) section 11(9)(b) (exemption of licensed premises from provision as to | |
naming of buildings), | |
(b) paragraph (A) of the proviso in section 13 (offences as to numbering | 20 |
or naming of buildings). | |
Civic Restaurants Act 1947 (c. 22) | |
18 In section 1(4) of the Civic Restaurants Act 1947 (civic restaurant authority | |
to be subject to law relating to sale of alcohol), for “the enactments relating | |
to the sale of intoxicating liquor” substitute “the Licensing Act 2003 and any | 25 |
other enactment relating to the sale of intoxicating liquor”. | |
London County Council (General Powers) Act 1947 (c. xlvi) | |
19 In section 6(1)(b) of the London County Council (General Powers) Act 1947 | |
(saving in connection with the provision of entertainment for enactments | |
relating to the sale of alcohol), for “any enactment relating to the sale of | 30 |
intoxicating liquor” substitute “the Licensing Act 2003 and any other | |
enactment relating to the sale of intoxicating liquor”. | |
National Parks and Access to the Countryside Act 1949 (c. 97) | |
20 In each of the following provisions of the National Parks and Countryside | |
Act 1949, for “intoxicating liquor” substitute “alcohol (within the meaning of | 35 |
the Licensing Act 2003)”— | |
(a) section 12(1)(a) (provision of facilities in National Park), | |
(b) section 54(2) (provision of facilities along long-distance routes). | |
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) | |
21 The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is | 40 |
amended as follows. | |
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22 In section 14(2)(a) (protection against insecurity of tenure of place of | |
residence), after “premises” insert “in England and Wales which, by virtue | |
of a premises licence under the Licensing Act 2003, may be used for the | |
supply of alcohol (within the meaning of section 15 of that Act) on the | |
premises or in Scotland which are”. | 5 |
23 In section 18(3)(a) (protection against insecurity of tenure in connection with | |
employment), after “premises” insert “in England and Wales which, by | |
virtue of a premises licence under the Licensing Act 2003, may be used for | |
the supply of alcohol (within the meaning of section 15 of that Act) on the | |
premises for consumption on the premises or in Scotland which are”. | 10 |
24 In section 27(1) (renewal of tenancy expiring during period of service), in the | |
second paragraph (c), for the words “licensed for the sale of intoxicating | |
liquor for consumption on the premises” substitute “which, by virtue of a | |
premises licence under the Licensing Act 2003, may be used for the supply | |
of alcohol (within the meaning of section 15 of that Act) for consumption on | 15 |
the premises”. | |
Hypnotism Act 1952 (c. 46) | |
25 The Hypnotism Act 1952 is amended as follows. | |
26 (1) Section 1 (inclusion in an entertainment licence of conditions in relation to | |
demonstrations of hypnotism) is amended as follows. | 20 |
(2) In subsection (1)— | |
(a) after “any area” insert “in Scotland”, and | |
(b) for “places kept or ordinarily used for public dancing, singing, music | |
or other public entertainment of the like kind” substitute “theatres or | |
other places of public amusement or public entertainment”. | 25 |
(3) Omit subsection (2). | |
27 In section 2 (requirement for authorisation for demonstration of | |
hypnotism)— | |
(a) in subsection (1), for the words from “in relation” to the end | |
substitute “, unless— | 30 |
(a) the controlling authority have authorised that | |
exhibition, demonstration or performance under this | |
section, or | |
(b) the place is in Scotland and a licence mentioned in | |
section 1 of this Act is in force in relation to it.”, | 35 |
(b) in subsection (1A) for the words from “either at premises” to the end | |
substitute “at premises in Scotland in respect of which a licence | |
under that Act is in force”, | |
(c) after subsection (3) insert— | |
“(3A) A function conferred by this section on a licensing authority | 40 |
is, for the purposes of section 8 of the Licensing Act 2003 | |
(exercise and delegation by licensing authority of licensing | |
functions), to be treated as a licensing function within the | |
meaning of that Act.”, and | |
(d) for subsection (4) substitute— | 45 |
“(4) In this section— | |
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“controlling authority” means— | |
(a) in relation to a place in England and Wales, | |
the licensing authority in whose area the | |
place, or the greater or greatest part of it, is | |
situated, and | 5 |
(b) in relation to a place in Scotland, the authority | |
having power to grant licences of the kind | |
mentioned in section 1 in that area, and | |
“licensing authority” has the meaning given by the | |
Licensing Act 2003.” | 10 |
Obscene Publications Act 1959 (c. 66) | |
28 (1) Section 2 of the Obscene Publications Act 1959 (prohibition of publication of | |
obscene matter) is amended as follows. | |
(2) In subsections (3A) and (4A), for “a film exhibition” in each place it occurs, | |
substitute “an exhibition of a film”. | 15 |
(3) For subsection (7) substitute— | |
“(7) In this section, “exhibition of a film” has the meaning given in | |
paragraph 17 of Schedule 1 to the Licensing Act 2003.” | |
Betting, Gaming and Lotteries Act 1963 (c. 2) | |
29 The Betting, Gaming and Lotteries Act 1963 is amended as follows. | 20 |
30 In section 10(1B) (conduct of licensed betting offices) for “the provision in a | |
licensed betting office of any facility in respect of which a licence under the | |
Licensing Act 1964 or the Licensing (Scotland) Act 1976 is required” | |
substitute— | |
“(a) in a licensed betting office in England and Wales, the supply | 25 |
of alcohol (within the meaning of section 15 of the Licensing | |
Act 2003) in circumstances where that supply is a licensable | |
activity (within the meaning of that Act); | |
(b) in a licensed betting office in Scotland, the provision of any | |
facility in respect of which a licence is required under the | 30 |
Licensing (Scotland) Act 1976”. | |
31 In Schedule 4 (rules for licensed betting offices), in paragraph 10(2)(a), for | |
“intoxicating liquor within the meaning of section 201(1) of the Licensing | |
Act 1964” substitute “alcohol within the meaning of section 188 of the | |
Licensing Act 2003”. | 35 |
Children and Young Persons Act 1963 (c. 37) | |
32 For section 37(2)(b) of the Children and Young Persons Act 1963 (restriction | |
on performance by child in licensed premises) substitute— | |
“(b) any performance in premises— | |
(i) which, by virtue of an authorisation (within the | 40 |
meaning of section 134 of the Licensing Act 2003), | |
may be used for the supply of alcohol (within the | |
meaning of section 15 of that Act), or | |
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(ii) which are licensed premises (within the meaning of | |
the Licensing (Scotland) Act 1976) or in respect of | |
which a club is registered under that Act;”. | |
Offices, Shops and Railway Premises Act 1963 (c. 41) | |
33 In section 90 of the Offices, Shops and Railway Premises Act 1963 | 5 |
(interpretation), omit the definition of “place of public entertainment”. | |
Greater London Council (General Powers) Act 1966 (c. xxviii) | |
34 The Greater London Council (General Powers) Act 1966 is amended as | |
follows. | |
35 In section 21(1) (licensing of public exhibitions, etc.)— | 10 |
(a) for “intoxicating liquor” substitute “alcohol (within the meaning of | |
the Licensing Act 2003)”, and | |
(b) for “a film exhibition within the meaning of the Cinemas Act 1985” | |
substitute “an exhibition of a film (within the meaning of paragraph | |
17 of Schedule 1 to the Licensing Act 2003)”. | 15 |
36 In section 22 (application to old buildings of provisions for protection | |
against fire in the London Building Acts (Amendment) Act 1939)— | |
(a) in subsection (1), for the words from “being in either case” to “for that | |
purpose” substitute “which may lawfully be used for the provision | |
of regulated entertainment (within the meaning of the Licensing Act | 20 |
2003) only by virtue of an authorisation under that Act”, and | |
(b) in subsection (2), for the words from “where” to “that licence” | |
substitute “where a building, or part of a building, is being used for | |
the provision of regulated entertainment by virtue of a premises | |
licence (under the Licensing Act 2003) granted by a borough council, | 25 |
the Common Council, the Sub-Treasurer of the Inner Temple or the | |
Under-Treasurer of the Middle Temple”. | |
Finance Act 1967 (c. 54) | |
37 In section 5 of the Finance Act 1967 (no requirement for excise licence)— | |
(a) in subsection (1), omit paragraph (c), and | 30 |
(b) in subsection (3), omit the words “which is registered within the | |
meaning of the Licensing Act 1964 or”. | |
Criminal Appeal Act 1968 (c. 19) | |
38 The Criminal Appeal Act 1968 is amended as follows. | |
39 In section 10 (appeal against sentence to Crown Court), at the end of | 35 |
subsection (3)(c) add— | |
“(viii) an order under section 127 of the Licensing | |
Act 2003 (forfeiture or suspension of personal | |
licence), or”. | |
40 In section 31 (powers of Court of Appeal under Part 1 exercisable by single | 40 |
judge), after subsection (2B) insert— | |
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