Licensing Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Licensing Bill [HL]

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments
    148

“Section 147(4) of the
Buying or attempting to buy

Licensing Act 2003
alcohol for consumption on

licensed premises, etc. by

child”

  120      In section 12 (alcohol consumption in designated public place)—
5
              (a)             in subsections (1) and (2), for “intoxicating liquor”, in each place it
occurs, substitute “alcohol”, and
              (b)             in subsection (2) for “such liquor” substitute “alcohol”.
  121      In section 13 (designated public places), in subsection (2) for “intoxicating
liquor” substitute “alcohol”.
10
  122     (1)      Section 14 (places which are not designated public places) is amended as
follows.
          (2)      In subsection (1)—
              (a)             for paragraphs (a) to (d) substitute—
                           “(a)                             premises in respect of which a premises licence or
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club premises certificate, within the meaning of the
Licensing Act 2003, has effect;
                           (b)                             a place within the curtilage of premises within
paragraph (a);
                           (c)                             premises which by virtue of Part 5 of the Licensing
20
Act 2003 may for the time being be used for the
supply of alcohol or which, by virtue of that Part,
could have been so used within the last 20 minutes;”,
and
              (b)             in paragraph (e), for “intoxicating liquor” substitute “alcohol”.
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          (3)      Omit subsection (2).
  123      In section 15(1)(a) (byelaw prohibiting consumption of alcohol), for
“intoxicating liquor” substitute “alcohol”.
  124      In section 16(1) (interpretation of sections 12 to 15)—
              (a)             before the definition of “designated public place” insert—
30
                                      ““alcohol” has the same meaning as in the Licensing Act 2003;”,
              (b)             omit the definition of “intoxicating liquor”, and the word “and”
immediately following it, and
              (c)             after the definition of “public place” insert “; and
                                      “supply of alcohol” has the meaning given by section 15 of the
35
Licensing Act 2003”.
  125      In each of the following provisions, for “unlicensed sale of intoxicating
liquor” substitute “unauthorised sale of alcohol”—
              (a)             section 19(1) and (2) (service of closure notice by constable or local
authority),
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              (b)             section 20(3)(a) (no application for closure order where unauthorised
sale of alcohol has ceased),
              (c)             section 21(1)(b) and (2)(b) (closure order),
              (d)             section 27(6) (fixing notice on premises where personal service
cannot be effected).
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Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments
    149

  126      In section 28 (interpretation of provisions relating to closure of unlicensed
premises)—
              (a)             before the definition of “closure notice” insert—
                                      ““alcohol” has the same meaning as in the Licensing Act 2003;”,
              (b)             omit the definition of “intoxicating liquor”, and
5
              (c)             for the definition of “unlicensed sale” substitute—
                                      ““unauthorised sale”, in relation to any alcohol, means any
supply of the alcohol (within the meaning of section 15 of
the Licensing Act 2003) which—
                           (a)                          is a licensable activity within the meaning of that Act,
10
but
                           (b)                          is made otherwise than under and in accordance with
an authorisation (within the meaning of section 134
of that Act).”
  127      In Schedule 1 (powers of seizure)—
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              (a)             at the end of Part 1 insert—
“Licensing Act 2003
                 74.                        The power of seizure conferred by section 88 of the
Licensing Act 2003 (seizure of documents relating to
club).”, and
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              (b)             at the end of Part 3 insert—
“Licensing Act 2003
                 110.                        The power of seizure conferred by section 88 of the
Licensing Act 2003 (seizure of documents relating to
club).”
25

Licensing Bill [HL]
Schedule 7 — Repeals
    150

Schedule 7
Section 196

Repeals

Short title and chapter
Extent of repeal

Universities (Wine Licences)
The whole Act.

Act 1743 (c. 40)

5

Sunday Observance Act 1780
The whole Act.

(21 Geo. 3 c. 49)

Metropolitan Police Act 1839
Section 41.

(c. 47)

Town Police Clauses Act 1847
Section 35.

10

(c. 89)

Cambridge Award Act 1856 (c.
Sections 9 and 11.

xvii)

Inebriates Act 1898 (c. 60)
In the First Schedule—

the entry relating to section 18 of the

15

Licensing Act 1872, and

the entry relating to section 41 of the

Refreshment Houses Act 1860.

Sunday Entertainments Act
The whole Act.

1932 (c. 51)

20

Children and Young Persons
In section 12(3), the words from “, and also” to

Act 1933 (c. 12)
the end.

In section 107, the definition of “intoxicating

liquor”.

Public Health Act 1936 (c. 49)
Section 226(4).

25

Hypnotism Act 1952 (c. 46)
Section 1(2).

London Government Act 1963
Section 52(3).

(c. 33)
Schedule 12.

Offices, Shops and Railway
In section 90, the definition of “place of public

Premises Act 1963 (c. 41)
entertainment”.

30

Licensing Act 1964 (c. 26)
The whole Act.

Administration of Justice Act
In Schedule 3, paragraph 31.

1964 (c. 42)

Refreshment Houses Act 1964
The whole Act.

(c. 88)

35

Private Places of Entertainment
The whole Act.

(Licensing) Act 1967 (c. 19)

Licensing (Amendment) Act
The whole Act.

1967 (c. 51)

Finance Act 1967 (c. 54)
In section 5—

40

subsection (1)(c) and (e), and

in subsection (3), the words “which is

registered within the meaning of the

Licensing Act 1964 or”.

Section 45(4).

45

Licensing Bill [HL]
Schedule 7 — Repeals
    151

Short title and chapter
Extent of repeal

Finance Act 1967 (c. 54)—cont.
Schedule 7.

Theatres Act 1968 (c. 54)
Section 15(6).

Section 17.

In section 18(1), in the definition of “licensing

5

authority”, paragraphs (a), (b) and (bb).

In Schedule 2—

the entries relating to the Licensing Act 1964,

and

the entry relating to the Private Places of

10

Entertainment (Licensing) Act 1967.

Gaming Act 1968 (c. 65)
In Schedule 9—

paragraph 11(5),

paragraph 14, and

paragraph 24.

15

In Schedule 11, in Part 3, the entries relating to

the Licensing Act 1964.

Greater London Council
Sections 47 to 55.

(General Powers) Act 1968

(c.xxxix)

20

Late Night Refreshment Houses
The whole Act.

Act 1969 (c. 53)

Finance Act 1970 (c. 24)
In section 6(2)(b), the words “, the Licensing Act

1964”.

Courts Act 1971 (c. 23)
In Schedule 6, paragraphs 7 and 13.

25

In Schedule 8, paragraph 42.

In Schedule 9, in Part 1, the entries relating to—

the London Government Act 1963,

  the Licensing Act 1964,

the Private Places of Entertainment

30

(Licensing) Act 1967,

the Theatres Act 1968, and

  the Late Night Refreshment Houses Act 1969.

Sunday Theatre Act 1972 (c. 26)
The whole Act.

Local Government Act 1972
In section 78(1), the definition of “public body”.

35

(c. 70)
Section 204.

In Schedule 25, paragraphs 1 to 9.

Local Government Act 1974
In Schedule 6, paragraph 24.

(c. 7)

Licensing (Amendment) Act
The whole Act.

40

1976 (c. 18 )

Lotteries and Amusements Act
In Schedule 3—

1976 (c. 32)
in paragraph 1(2), the definition of “the

proper officer of the authority”, and

paragraphs 8(4) and 11.

45

Greater London Council
Sections 5 to 8.

(General Powers) Act 1976 (c.

xxvi)

Licensing Bill [HL]
Schedule 7 — Repeals
    152

Short title and chapter
Extent of repeal

Licensing (Amendment) Act
The whole Act.

1977 (c. 26)

Greater London Council
Sections 3 and 4.

(General Powers) Act 1978 (c.
Section 5(4)(a)(ii) and the word “or”

5

xiii)
immediately preceding it.

Customs and Excise
In Schedule 4, in paragraph 12, in the Table, the

Management Act 1979 (c. 2)
entry relating to the Licensing Act 1964.

Alcoholic Liquor Duties Act
In section 4—

10

1979 (c. 4)
in the definition of “justices’ licence” and

“justices’ on-licence”, paragraph (a), and

in the definition of “registered club”, the

words “which is for the time being registered

within the meaning of the Licensing Act 1964

15

or”.

In section 71(5)—

the words “England and Wales or”, and

paragraph (c).

In Schedule 3, paragraph 5.

20

Greater London Council
Section 3.

(General Powers) Act 1979 (c.

xxiii)

Licensing (Amendment) Act
The whole Act.

1980 (c. 40)

25

Magistrates’ Courts Act 1980
In Schedule 6, in Part 3, paragraphs 3 and 5.

(c. 43)
In Schedule 7, paragraphs 45 to 48 and 50.

Local Government, Planning
Sections 131 to 133.

and Land Act 1980 (c. 65)

Highways Act 1980 (c. 66)
In Schedule 24, paragraph 12.

30

Finance Act 1981 (c. 35)
In Schedule 8, paragraphs 24 and 25.

Licensing (Amendment) Act
The whole Act.

1981 (c. 40)

Supreme Court Act 1981 (c. 54)
In section 28(2)(b), the words “the Licensing Act

1964,”.

35

New Towns Act 1981 (c. 64)
In Schedule 2, paragraph 2.

In Schedule 12, paragraphs 1 and 29.

Local Government
Section 1.

(Miscellaneous Provisions)
Sections 4 to 7.

Act 1982 (c. 30)
Schedule 1.

40

In Schedule 2, paragraphs 1 to 6.

Greater London Council
Section 7.

(General Powers) Act 1982 (c.

i)

Representation of the People
In Schedule 7, paragraph 4.

45

Act 1983 (c. 2)
In Schedule 8, paragraphs 7 to 10.

Licensing Bill [HL]
Schedule 7 — Repeals
    153

Short title and chapter
Extent of repeal

Licensing (Occasional
The whole Act.

Permissions) Act 1983 (c. 24)

Building Act 1984 (c. 55)
In section 74(2), paragraph (a) and the word

“or” immediately following it.

5

Greater London Council
Section 4(1) and (3).

(General Powers) Act 1984
Sections 19 to 22.

Cinemas Act 1985 (c. 13)
Section 9.

In section 19(3), paragraph (a) and the word

“or” immediately following it.

10

In Schedule 2, paragraph 15.

Licensing (Amendment) Act
The whole Act.

1985 (c. 40)

Local Government Act 1985
In Schedule 8, paragraphs 1(1) and 2 to 5.

(c. 51)

15

Sporting Events (Control of
Section 2(1A).

Alcohol etc.) Act 1985 (c. 57)
Sections 3 to 6.

Section 8(d) and (e).

Section 9(5).

The Schedule.

20

Insolvency Act 1985 (c. 65)
In Schedule 8, paragraph 12.

Insolvency Act 1986 (c. 45)
In Schedule 14, the entries relating to the

Licensing Act 1964.

Sex Discrimination Act 1986
Section 5.

(c. 59)

25

Public Order Act 1986 (c. 64)
In Schedule 1, paragraphs 4, 5, 7(5) and 8.

Greater London Council
Section 3.

(General Powers) Act 1986 (c.

iv)

Fire Safety and Safety of Places
Sections 42, 43, 45 and 46.

30

of Sport Act 1987 (c. 27)
Schedule 3.

In Schedule 5—

in paragraph 1, the definition of “the 1963

Act” and the definition of “the 1982 Act” and

the word “and” immediately preceding it,

35

and

paragraphs 8 to 10.

Licensing Act 1988 (c. 17)
The whole Act.

Licensing (Retail Sales) Act 1988
The whole Act.

(c. 25)

40

Licensing (Amendment) Act
The whole Act.

1989 (c. 20)

Employment Act 1989 (c. 38)
In Schedule 6, paragraph 30.

Town and Country Planning
Section 334.

Act 1990 (c. 8)

45

Licensing Bill [HL]
Schedule 7 — Repeals
    154

Short title and chapter
Extent of repeal

Entertainments (Increased
Section 1.

Penalties) Act 1990 (c. 20)

Licensing (Low Alcohol Drinks)
Section 1.

Act 1990 (c. 21)

5

Broadcasting Act 1990 (c. 42)
In Schedule 20, paragraphs 7 and 8.

London Local Authorities Act
Sections 4 to 17, 19 and 20.

1990 (c. vii)

London Local Authorities (No.
Section 6.

2) Act 1990 (c. xxx)

10

Finance Act 1991 (c. 31)
In Schedule 2, in paragraph 1, the words “, the

Licensing Act 1964”.

London Local Authorities Act
Sections 18 to 21.

1991 (c. xiii)

Sporting Events (Control of
The whole Act.

15

Alcohol etc.) (Amendment)

Act 1992 (c. 57)

Charities Act 1993 (c. 10)
In Schedule 6, paragraph 27.

Local Government (Wales) Act
In Schedule 2, paragraph 2.

1994 (c. 19)
In Schedule 15, paragraph 41.

20

In Schedule 16, paragraphs 22, 29, 32, 36, 69 and

73.

Coal Industry Act 1994 (c. 21)
In Schedule 9, paragraph 8.

Criminal Justice and Public
In section 63—

Order Act 1994 (c. 33)
in subsection (10), the definitions of

25

“entertainment licence” and “local authority”,

and

subsection (11).

Deregulation and Contracting
Section 18(1).

Out Act 1994 (c. 40)
Section 19.

30

Section 21.

Schedule 7.

In Schedule 11, paragraph 1.

London Local Authorities Act
Section 5.

1994 (c. xii)

35

Licensing (Sunday Hours) Act
The whole Act.

1995 (c. 33)

London Local Authorities Act
In section 14—

1995 (c. x)
in paragraph (B), the words “Schedule 12 to

the London Government Act 1963” and “or

40

the Private Places of Entertainment

(Licensing) Act 1967”, and

paragraphs (C) to (E).

Section 28.

Sections 45 and 46.

45

London Local Authorities Act
Sections 20 to 23.

1996 (c. ix)



© Parliamentary copyright 2003	Revised 13 March 2003