|
| |
| |
“(2C) The power of the Court of Appeal, under section 128 of the Licensing | |
Act 2003, to suspend an order under section 127 of that Act may be | |
exercised by a single judge in the same manner as it may be exercised | |
by the Court.”. | |
41 In section 44 (powers of Court of Appeal under Part 2 exercisable by single | 5 |
judge), after subsection (2) insert— | |
“(3) The power of the Court of Appeal, under section 128 of the Licensing | |
Act 2003, to suspend an order under section 127 of that Act may be | |
exercised by a single judge, but where the judge refuses an | |
application to exercise that power the applicant shall be entitled to | 10 |
have the application determined by the Court of Appeal.” | |
42 In section 50 (meaning of “sentence”), at the end of subsection (1) insert “; | |
and | |
(i) an order under section 127(2) of the Licensing Act 2003 | |
(forfeiture or suspension of personal licence).” | 15 |
Theatres Act 1968 (c. 54) | |
43 The Theatres Act 1968 is amended as follows. | |
44 The following provisions cease to have effect in England and Wales— | |
(a) section 1(2) (local authority may not impose conditions on nature of | |
plays), | 20 |
(b) sections 12 to 14 (licensing of premises for public performance of | |
plays), | |
(c) Schedule 1 (provision about licences to perform plays). | |
45 In section 15 (warrant to enter theatre where offence suspected)— | |
(a) in subsection (1)— | 25 |
(i) paragraph (b) and the word “or” immediately preceding it, | |
and | |
(ii) the words “or, in a case falling within paragraph (b) above, | |
any police officer or authorised officer of the licensing | |
authority”, | 30 |
cease to have effect in England and Wales, | |
(b) subsections (2) to (5) cease to have effect in England and Wales, and | |
(c) subsection (6) is omitted. | |
46 Section 17 (existing letters patent) ceases to have effect. | |
47 In section 18(1) (interpretation), in the definition of “licensing authority”, | 35 |
omit paragraphs (a), (b) and (bb). | |
Gaming Act 1968 (c. 65) | |
48 The Gaming Act 1968 is amended as follows. | |
49 (1) Section 6 (playing games on premises used for sale of alcohol) is amended as | |
follows. | 40 |
(2) For subsection (2) substitute— | |
| |
| |
|
| |
| |
“(2) This section applies to any premises in England and Wales in respect | |
of which there is in force a premises licence authorising the supply of | |
alcohol for consumption on the premises. | |
(2A) This section also applies to any premises in Scotland in respect of | |
which a hotel licence or public house licence under the Licensing | 5 |
(Scotland) Act 1976 is in force.” | |
(3) In subsection (3)— | |
(a) for paragraph (a) substitute— | |
“(a) of the holder of the licence which has effect in respect | |
of any premises to which this section applies,”, and | 10 |
(b) for “the licensing justices for the licensing district, or, in Scotland, the | |
licensing board for the licensing area, in which the premises are | |
situated” substitute “the relevant licensing authority, or, in Scotland, | |
the licensing board for the licensing area in which the premises are | |
situated,”. | 15 |
(4) In subsection (4)— | |
(a) for “the licensing justices for the licensing district, or, in Scotland, the | |
licensing board for the licensing area, in which the premises are | |
situated” substitute “the relevant licensing authority, or, in Scotland, | |
the licensing board for the licensing area in which the premises are | 20 |
situated,”, and | |
(b) for “the justices” substitute “the authority”. | |
(5) In subsection (5), for “licensing justices or a licensing board, the justices or | |
board” substitute “a licensing authority or a licensing board, the authority or | |
board”. | 25 |
(6) In subsection (6) — | |
(a) for “the licensing justices or” substitute “the relevant licensing | |
authority or the”, | |
(b) for paragraph (a) substitute— | |
“(a) to the holder of the licence,”, and | 30 |
(c) for “the police area” substitute “each police area”. | |
(7) After subsection (7) insert— | |
“(7A) A function conferred by this section on a licensing authority is, for | |
the purposes of section 8 of the Licensing Act 2003 (exercise and | |
delegation by licensing authority of licensing functions), to be | 35 |
treated as a licensing function within the meaning of that Act.” | |
(8) For subsection (8) substitute— | |
“(8) In this section— | |
“licensing area” has the same meaning as in the Licensing | |
(Scotland) Act 1976, | 40 |
“licensing authority” and “premises licence” have the same | |
meaning as in the Licensing Act 2003, | |
“relevant licensing authority”, in relation to premises in respect | |
of which a premises licence has effect, means the authority | |
determined in relation to those premises in accordance with | 45 |
section 13 of that Act, and | |
| |
| |
|
| |
| |
“supply of alcohol” has the meaning given in section 15 of that | |
Act.” | |
50 For section 7(2) (offence to allow child to take part in gaming on licensed | |
premises) substitute— | |
“(2) Neither the holder of the licence which has effect in respect of | 5 |
premises to which section 6 applies, nor anybody employed by him, | |
may knowingly allow a person under 18 to take part on those | |
premises in gaming to which this Part applies.” | |
51 For section 8(7) (penalty for contravention of section 7(2)) substitute— | |
“(7) Any person who contravenes section 7(2) is guilty of an offence | 10 |
and— | |
(a) where the offence is committed in England and Wales, the | |
person is liable on summary conviction to a fine not | |
exceeding level 5 on the standard scale, and | |
(b) where the offence is committed in Scotland, the provisions of | 15 |
Schedule 5 to the Licensing (Scotland) Act 1976 are to have | |
effect as they have effect in relation to a contravention of | |
section 68(1) of that Act.” | |
52 (1) Schedule 9 (permits in respect of amusement machine premises) is amended | |
as follows. | 20 |
(2) In paragraph 1 (interpretation), for paragraph (a) substitute— | |
“(a) in relation to any premises in England and Wales in respect | |
of which there is in force a premises licence authorising the | |
supply of alcohol for consumption on the premises, means | |
the relevant licensing authority in relation to those | 25 |
premises;”. | |
(3) After that paragraph, insert— | |
“1A A function conferred by this Schedule on a licensing authority is, | |
for the purposes of section 8 of the Licensing Act 2003 (exercise | |
and delegation by licensing authority of licensing functions), to be | 30 |
treated as a licensing function within the meaning of that Act.” | |
(4) In paragraph 10A (condition in case of licensed premises, etc. that | |
amusement machine must be located in a bar), in sub-paragraph (2)(a), for | |
“has the same meaning as in the Licensing Act 1964” substitute “means any | |
place which, by virtue of a premises licence, may be used for the supply of | 35 |
alcohol and which is exclusively or mainly used for the supply and | |
consumption of alcohol”. | |
(5) In paragraph 11— | |
(a) in sub-paragraphs (2) and (3) (appeals), for “proper officer of” | |
substitute “clerk to”, and | 40 |
(b) omit sub-paragraph (5). | |
(6) Omit paragraph 14 (payment of indemnity out of central funds). | |
(7) In paragraph 21 (fees), for “proper officer” substitute “clerk”. | |
(8) For paragraph 23 (interpretation of expressions relating to licensing) | |
substitute— | 45 |
“23 In this Schedule— | |
| |
| |
|
| |
| |
“alcohol”, “licensing authority” and “premises licence” have | |
the same meaning as in the Licensing Act 2003; | |
“hotel licence” and “public house licence” have the same | |
meaning as in Schedule 1 to the Licensing (Scotland) Act | |
1976; | 5 |
“relevant licensing authority”, in relation to premises in | |
respect of which a premises licence is in force, means the | |
authority determined in relation to those premises in | |
accordance with section 13 of the Licensing Act 2003; and | |
“supply of alcohol” is to be construed in accordance with | 10 |
section 15 of that Act.” | |
(9) Omit paragraph 24 (proper officer of an appropriate authority). | |
City of London (Various Powers) Act 1968 (c. xxxvii) | |
53 For section 5(3) of the City of London (Various Powers) Act 1968 | |
(entitlement of Corporation of London to apply for and hold licence to sell | 15 |
alcohol in arrangements for catering facilities) substitute— | |
“(3) The Corporation of London or any person appointed by them in that | |
behalf may, subject to section 17 of the Licensing Act 2003, for the | |
purposes of this section apply for and hold a premises licence under | |
that Act for the sale by retail of alcohol within the meaning of that | 20 |
Act.” | |
Finance Act 1970 (c. 24) | |
54 In section 6(2)(b) of the Finance Act 1970 (Angostura bitters)— | |
(a) omit the words “, the Licensing Act 1964”, and | |
(b) for “either of those Acts” substitute “that Act”. | 25 |
Sunday Theatre Act 1972 (c. 26) | |
55 The Sunday Theatre Act 1972 ceases to have effect. | |
Local Government Act 1972 (c. 70) | |
56 The Local Government Act 1972 is amended as follows. | |
57 In section 78(1) (supplementary provision relating to changes in local | 30 |
government areas), omit the definition of “public body”. | |
58 In section 101 (arrangements for discharge of functions by local authorities), | |
after subsection (14) insert— | |
“(15) Nothing in this section applies in relation to any function under the | |
Licensing Act 2003 of a licensing authority (within the meaning of | 35 |
that Act).” | |
59 In section 145(4) (provision of entertainment), for “intoxicating liquor” | |
substitute “alcohol”. | |
60 Section 204 (licensed premises) ceases to have effect. | |
| |
| |
|
| |
| |
61 (1) Schedule 12 (meetings and proceedings of local authorities) is amended as | |
follows. | |
(2) In the following provisions, for “premises licensed for the sale of | |
intoxicating liquor” substitute “premises which at the time of such a meeting | |
may, by virtue of a premises licence or temporary event notice under the | 5 |
Licensing Act 2003, be used for the supply of alcohol (within the meaning of | |
section 15 of that Act)”— | |
(a) paragraph 10(1) (location of parish council meetings), | |
(b) paragraph 26(1) (location of community council meetings). | |
(3) In the following provisions, for “premises licensed for the sale of | 10 |
intoxicating liquor” substitute “premises which at the time of the meeting | |
may, by virtue of a premises licence or temporary event notice under the | |
Licensing Act 2003, be used for the supply of alcohol (within the meaning of | |
section 15 of that Act)”— | |
(a) paragraph 14(5) (location of parish meetings), | 15 |
(b) paragraph 32(2) (location of community meetings). | |
Lotteries and Amusements Act 1976 (c. 32) | |
62 Schedule 3 to the Lotteries and Amusements Act 1976 (provision about | |
permits for commercial provision of amusements with prizes) is amended as | |
follows. | 20 |
63 (1) Paragraph 1 (interpretation) is amended as follows. | |
(2) In sub-paragraph (1), for paragraph (a) substitute— | |
“(a) in relation to any premises in England and Wales in respect | |
of which there is in force a premises licence authorising the | |
supply of alcohol for consumption on the premises, the | 25 |
relevant licensing authority in relation to those premises;”. | |
(3) In sub-paragraph (2)— | |
(a) for the definition of “justices’ on-licence”, “licensing district” and | |
“Part IV licence” substitute— | |
““alcohol”, “licensing authority” and “premises licence” have | 30 |
the same meaning as in the Licensing Act 2003,”, | |
(b) omit the definition of “the proper officer of the authority”, and | |
(c) at the appropriate place, insert— | |
““relevant licensing authority”, in relation to premises in | |
respect of which a premises licence is in force, means the | 35 |
licensing authority in relation to those premises | |
determined in accordance with section 13 of the Licensing | |
Act 2003;”, and | |
““supply of alcohol” has the same meaning as in section 15 of | |
the Licensing Act 2003;”. | 40 |
(4) After that sub-paragraph insert— | |
“(3) A function conferred by this Schedule on a licensing authority 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.” | 45 |
64 In paragraph 8 (appeals)— | |
| |
| |
|
| |
| |
(a) in sub-paragraphs (2) and (3), for “proper officer of” substitute “clerk | |
to”, and | |
(b) omit sub-paragraph (4). | |
65 Omit paragraph 11 (payment of indemnity from central funds). | |
66 In paragraph 18 (fees), for “proper officer” substitute “clerk”. | 5 |
Rent Act 1977 (c. 42) | |
67 In section 11 of the Rent Act 1977 (tenancy of licensed premises not to be | |
protected or statutory tenancy), for “premises licensed for the sale of | |
intoxicating liquors” substitute “premises which, by virtue of a premises | |
licence under the Licensing Act 2003, may be used for the supply of alcohol | 10 |
(within the meaning of section 15 of that Act)”. | |
Greater London Council (General Powers) Act 1978 (c. xiii) | |
68 The Greater London Council (General Powers) Act 1978 is amended as | |
follows. | |
69 Section 3 (human posing to be treated as entertainment) ceases to have | 15 |
effect. | |
70 In section 5(4)(a) (definition of “booking office”)— | |
(a) omit sub-paragraph (ii) and the word “or” immediately preceding it, | |
and | |
(b) for “sub-paragraphs (i) and (ii)” substitute “sub-paragraph (i)”. | 20 |
Alcoholic Liquor Duties Act 1979 (c. 4) | |
71 The Alcoholic Liquor Duties Act 1979 is amended as follows. | |
72 In section 4 (interpretation)— | |
(a) in the definition of “justices’ licence” and “justices’ on-licence”, omit | |
paragraph (a), and | 25 |
(b) in the definition of “registered club”, omit “which is for the time | |
being registered within the meaning of the Licensing Act 1964 or”. | |
73 In section 71 (exception to penalty for misdescribing alcohol as spirits)— | |
(a) after subsection (4) insert— | |
“(4A) Nothing in this section as it applies to England and Wales | 30 |
shall apply to any alcohol (within the meaning of the | |
Licensing Act 2003) which is prepared on any premises | |
which may be lawfully used for the supply of alcohol (within | |
the meaning of section 15 of that Act) for immediate | |
consumption there.” | 35 |
(b) in subsection (5)— | |
(i) omit “England and Wales or”, | |
(ii) omit paragraph (c), and | |
(iii) for “, in that club or on board that aircraft, vessel or vehicle,” | |
substitute “or in that club”. | 40 |
| |
| |
|
| |
| |
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) | |
74 In section 4(1) of the Licensed Premises (Exclusion of Certain Persons) Act | |
1980 (interpretation), in the definition of “licensed premises” for the words | |
“a justices’ on-licence (within the meaning of section 1 of the Licensing Act | |
1964)” substitute “a premises licence under the Licensing Act 2003 | 5 |
authorising the supply of alcohol (within the meaning of section 15 of that | |
Act) for consumption on the premises”. | |
Magistrates’ Courts Act 1980 (c. 43) | |
75 In Part 3 of Schedule 6 to the Magistrates’ Courts Act 1980 (matters to which | |
provision relating to fees taken by clerks to justices does not apply), | 10 |
paragraphs 3 and 5 are omitted. | |
Local Government, Planning and Land Act 1980 (c. 65) | |
76 The Local Government, Planning and Land Act 1980 is amended as follows. | |
77 Sections 131 to 133 (licensing in new towns) cease to have effect. | |
78 In section 146 (disposal of land by urban development corporation)— | 15 |
(a) in subsection (3), for “intoxicating liquor” substitute “alcohol”, and | |
(b) in subsection (6), for ““intoxicating liquor” has the meaning assigned | |
by section 201 of the Licensing Act 1964” substitute ““alcohol” has | |
the meaning given by section 188 of the Licensing Act 2003”. | |
Indecent Displays (Control) Act 1981 (c. 42) | 20 |
79 In section 1(4) of the Indecent Displays (Control) Act 1981 (exemptions from | |
offence of displaying indecent matter)— | |
(a) for paragraph (d) substitute— | |
“(d) included in a performance of a play (within the | |
meaning of paragraph 16(1) of Schedule 1 to the | 25 |
Licensing Act 2003) in England and Wales or of a play | |
(within the meaning of the Theatres Act 1968) in | |
Scotland;”, and | |
(b) in paragraph (e) for “included in a film exhibition as defined in the | |
Cinemas Act 1985” substitute “included in an exhibition of a film, | 30 |
within the meaning of paragraph 17 of Schedule 1 to the Licensing | |
Act 2003, in England and Wales or a film exhibition, as defined in the | |
Cinemas Act 1985, in Scotland”. | |
New Towns Act 1981 (c. 64) | |
80 In section 18 of the New Towns Act 1981 (disposal by development | 35 |
corporation of land to occupiers of it before acquisition by corporation), in | |
subsection (3) for the words “intoxicating liquor (“intoxicating liquor” | |
having the meaning given in section 201(1) of the Licensing Act 1964)” | |
substitute “alcohol (within the meaning of section 188 of the Licensing Act | |
2003)”. | 40 |
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