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(b) the manner in which it is to be made or given; | |
(c) information and documents that must accompany it. | |
55 Fees | |
(1) Regulations may— | |
(a) require applications under any provision of this Part (other than section | 5 |
51) or notices under section 47 to be accompanied by a fee, and | |
(b) prescribe the amount of the fee. | |
(2) Regulations may also require the holder of a premises licence to pay the | |
relevant licensing authority an annual fee. | |
(3) Regulations under subsection (2) may include provision prescribing— | 10 |
(a) the amount of the fee, and | |
(b) the time at which any such fee is due. | |
(4) Any fee which is owed to a licensing authority under subsection (2) may be | |
recovered as a debt due to the authority. | |
Production of licence, rights of entry, etc. | 15 |
56 Licensing authority’s duty to update licence document | |
(1) Where— | |
(a) the relevant licensing authority, in relation to a premises licence, makes | |
a determination or receives a notice under this Part, or | |
(b) a premises licence lapses under this Part, or | 20 |
(c) an appeal against a decision under this Part is disposed of, | |
the relevant licensing authority must make the appropriate amendments (if | |
any) to the licence and, if necessary, issue a new summary of the licence. | |
(2) Where a licensing authority is not in possession of the licence (or the | |
appropriate part of the licence) it may, for the purposes of discharging its | 25 |
obligations under subsection (1), require the holder of a premises licence to | |
produce the licence (or the appropriate part) to the authority within 14 days | |
from the date on which he is notified of the requirement. | |
(3) A person commits an offence if he fails, without reasonable excuse, to comply | |
with a requirement under subsection (2). | 30 |
(4) A person guilty of an offence under subsection (3) is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | |
57 Duty to keep and produce licence | |
(1) This section applies whenever premises in respect of which a premises licence | |
has effect are being used for one or more licensable activities authorised by the | 35 |
licence. | |
(2) The holder of the premises licence must secure that the licence or a certified | |
copy of it is kept at the premises in the custody or under the control of— | |
(a) the holder of the licence, or | |
(b) a person who works at the premises and whom the holder of the licence | 40 |
has nominated in writing for the purposes of this subsection. | |
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(3) The holder of the premises licence must secure that— | |
(a) the summary of the licence or a certified copy of that summary, and | |
(b) a notice specifying the position held at the premises by any person | |
nominated for the purposes of subsection (2), | |
are prominently displayed at the premises. | 5 |
(4) The holder of a premises licence commits an offence if he fails, without | |
reasonable excuse, to comply with subsection (2) or (3). | |
(5) A constable or an authorised person may require the person who, by virtue of | |
arrangements made for the purpose of subsection (2), is required to have the | |
premises licence (or a certified copy of it) in his custody or under his control to | 10 |
produce the licence (or such a copy) for examination. | |
(6) An authorised person exercising the power conferred by subsection (5) must, | |
if so requested, produce evidence of his authority to exercise the power. | |
(7) A person commits an offence if he fails, without reasonable excuse, to produce | |
a premises licence or certified copy of a premises licence in accordance with a | 15 |
requirement under subsection (5). | |
(8) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | |
(9) In subsection (3) the reference to the summary of the licence is a reference to | |
the summary issued under section 23 or, where one or more summaries have | 20 |
subsequently been issued under section 56, the most recent summary to have | |
been so issued. | |
(10) Section 58 makes provision about certified copies of documents for the | |
purposes of this section. | |
58 Provision supplementary to section 57 | 25 |
(1) Any reference in section 57 to a certified copy of any document is a reference | |
to a copy of that document which is certified to be a true copy by— | |
(a) the relevant licensing authority, | |
(b) a solicitor or notary, or | |
(c) a person of a prescribed description. | 30 |
(2) Any certified copy produced in accordance with a requirement under section | |
57(5) must be a copy of the document in the form in which it exists at the time. | |
(3) A document which purports to be a certified copy of a document is to be taken | |
to be such a copy and to comply with the requirements of subsection (2) unless | |
the contrary is shown. | 35 |
59 Inspection of premises before grant of licence etc. | |
(1) In this section “relevant application” means an application under— | |
(a) section 18 (grant of licence), | |
(b) section 29 (provisional statement), | |
(c) section 34 (variation of licence), or | 40 |
(d) section 51 (review of licence). | |
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(2) A constable or an authorised person may, at any reasonable time before the | |
determination of a relevant application, enter the premises to which the | |
application relates to assess— | |
(a) in a case within subsection (1)(a), (b) or (c), the likely effect of the grant | |
of the application on the promotion of the licensing objectives, and | 5 |
(b) in a case within subsection (1)(d), the effect of the activities authorised | |
by the premises licence on the promotion of those objectives. | |
(3) An authorised person exercising the power conferred by this section must, if so | |
requested, produce evidence of his authority to exercise the power. | |
(4) A constable or an authorised person exercising the power conferred by this | 10 |
section in relation to an application within subsection (1)(d) may, if necessary, | |
use reasonable force. | |
(5) A person commits an offence if he intentionally obstructs an authorised person | |
exercising a power conferred by this section. | |
(6) A person guilty of an offence under this section is liable on summary | 15 |
conviction to a fine not exceeding level 2 on the standard scale. | |
Part 4 | |
Clubs | |
Introductory | |
60 Club premises certificate | 20 |
(1) In this Act “club premises certificate” means a certificate granted under this | |
Part— | |
(a) in respect of premises occupied by, and habitually used for the | |
purposes of, a club, | |
(b) granted by the relevant licensing authority, and | 25 |
(c) certifying the matters specified in subsection (2). | |
(2) Those matters are— | |
(a) that the premises may be used by the club for one or more qualifying | |
club activities specified in the certificate, and | |
(b) that the club is a qualifying club in relation to each of those activities | 30 |
(see section 61). | |
Qualifying clubs | |
61 Qualifying clubs | |
(1) This section applies for determining for the purposes of this Part whether a | |
club is a qualifying club in relation to a qualifying club activity. | 35 |
(2) A club is a qualifying club in relation to the supply of alcohol to members or | |
guests if it satisfies both— | |
(a) the general conditions in section 62, and | |
(b) the additional conditions in section 64. | |
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(3) A club is a qualifying club in relation to the provision of regulated | |
entertainment if it satisfies the general conditions in section 62. | |
62 The general conditions | |
(1) The general conditions which a club must satisfy if it is to be a qualifying club | |
in relation to a qualifying club activity are the following. | 5 |
(2) Condition 1 is that under the rules of the club persons may not— | |
(a) be admitted to membership, or | |
(b) be admitted, as candidates for membership, to any of the privileges of | |
membership, | |
without an interval of at least two days between their nomination or | 10 |
application for membership and their admission. | |
(3) Condition 2 is that under the rules of the club persons becoming members | |
without prior nomination or application may not be admitted to the privileges | |
of membership without an interval of at least two days between their becoming | |
members and their admission. | 15 |
(4) Condition 3 is that the club is established and conducted in good faith as a club | |
(see section 63). | |
(5) Condition 4 is that the club has at least 25 members. | |
(6) Condition 5 is that alcohol is not supplied, or intended to be supplied, to | |
members on the premises otherwise than by or on behalf of the club. | 20 |
63 Determining whether a club is established and conducted in good faith | |
(1) In determining for the purposes of condition 3 in subsection (4) of section 62 | |
whether a club is established and conducted in good faith as a club, the matters | |
to be taken into account are those specified in subsection (2). | |
(2) Those matters are— | 25 |
(a) any arrangements restricting the club’s freedom of purchase of alcohol; | |
(b) any provision in the rules, or arrangements, under which— | |
(i) money or property of the club, or | |
(ii) any gain arising from the carrying on of the club, | |
is or may be applied otherwise than for the benefit of the club as a | 30 |
whole or for charitable, benevolent or political purposes; | |
(c) the arrangements for giving members information about the finances of | |
the club; | |
(d) the books of account and other records kept to ensure the accuracy of | |
that information; | 35 |
(e) the nature of the premises occupied by the club. | |
(3) If a licensing authority decides for any purpose of this Act that a club does not | |
satisfy condition 3 in subsection (4) of section 62, the authority must give the | |
club notice of the decision and of the reasons for it. | |
64 The additional conditions for the supply of alcohol | 40 |
(1) The additional conditions which a club must satisfy if it is to be a qualifying | |
club in relation to the supply of alcohol to members or guests are the following. | |
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(2) Additional condition 1 is that (so far as not managed by the club in general | |
meeting or otherwise by the general body of members) the purchase of alcohol | |
for the club, and the supply of alcohol by the club, are managed by a committee | |
whose members— | |
(a) are members of the club; | 5 |
(b) have attained the age of 18 years; and | |
(c) are elected by the members of the club. | |
This subsection is subject to section 65 (which makes special provision for | |
industrial and provident societies, friendly societies etc.). | |
(3) Additional condition 2 is that no arrangements are, or are intended to be, made | 10 |
for any person to receive at the expense of the club any commission, percentage | |
or similar payment on, or with reference to, purchases of alcohol by the club. | |
(4) Additional condition 3 is that no arrangements are, or are intended to be, made | |
for any person directly or indirectly to derive any pecuniary benefit from the | |
supply of alcohol by or on behalf of the club to members or guests, apart | 15 |
from— | |
(a) any benefit accruing to the club as a whole, or | |
(b) any benefit which a person derives indirectly by reason of the supply | |
giving rise or contributing to a general gain from the carrying on of the | |
club. | 20 |
65 Industrial and provident societies, friendly societies etc. | |
(1) Subsection (2) applies in relation to any club which is— | |
(a) a registered society, within the meaning of the Industrial and Provident | |
Societies Act 1965 (c. 12) (see section 74(1) of that Act), | |
(b) a registered society, within the meaning of the Friendly Societies Act | 25 |
1974 (c. 46) (see section 111(1) of that Act), or | |
(c) a registered friendly society, within the meaning of the Friendly | |
Societies Act 1992 (c. 40) (see section 116 of that Act). | |
(2) Any such club is to be taken for the purposes of this Act to satisfy additional | |
condition 1 in subsection (2) of section 64 if and to the extent that— | 30 |
(a) the purchase of alcohol for the club, and | |
(b) the supply of alcohol by the club, | |
are under the control of the members or of a committee appointed by the | |
members. | |
(3) References in this Act, other than this section, to— | 35 |
(a) subsection (2) of section 64, or | |
(b) additional condition 1 in that subsection, | |
are references to it as read with subsection (1) of this section. | |
(4) Subject to subsection (5), this Act applies in relation to an incorporated friendly | |
society as it applies in relation to a club, and accordingly— | 40 |
(a) the premises of the society are to be treated as the premises of a club, | |
(b) the members of the society are to be treated as the members of the club, | |
and | |
(c) anything done by or on behalf of the society is to be treated as done by | |
or on behalf of the club. | 45 |
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(5) In determining for the purposes of section 61 whether an incorporated friendly | |
society is a qualifying club in relation to a qualifying club activity, the society | |
is to be taken to satisfy the following conditions— | |
(a) condition 3 in subsection (4) of section 62, | |
(b) condition 5 in subsection (6) of that section, | 5 |
(c) the additional conditions in section 64. | |
(6) In this section “incorporated friendly society” has the same meaning as in the | |
Friendly Societies Act 1992 (c. 40) (see section 116 of that Act). | |
66 Miners’ welfare institutes | |
(1) Subject to subsection (2), this Act applies to a relevant miners’ welfare institute | 10 |
as it applies to a club, and accordingly— | |
(a) the premises of the institute are to be treated as the premises of a club, | |
(b) the persons enrolled as members of the institute are to be treated as the | |
members of the club, and | |
(c) anything done by or on behalf of the trustees or managers in carrying | 15 |
on the institute is to be treated as done by or on behalf of the club. | |
(2) In determining for the purposes of section 61 whether a relevant miners’ | |
welfare institute is a qualifying club in relation to a qualifying club activity, the | |
institute is to be taken to satisfy the following conditions— | |
(a) condition 3 in subsection (4) of section 62, | 20 |
(b) condition 4 in subsection (5) of that section, | |
(c) condition 5 in subsection (6) of that section, | |
(d) the additional conditions in section 64. | |
(3) For the purposes of this section— | |
(a) “miners’ welfare institute” means an association organised for the | 25 |
social well-being and recreation of persons employed in or about coal | |
mines (or of such persons in particular), and | |
(b) a miners’ welfare institute is “relevant” if it satisfies one of the | |
following conditions. | |
(4) The first condition is that— | 30 |
(a) the institute is managed by a committee or board, and | |
(b) at least two thirds of the committee or board consists— | |
(i) partly of persons appointed or nominated, or appointed or | |
elected from among persons nominated, by one or more | |
licensed operators within the meaning of the Coal Industry Act | 35 |
1994 (c. 21), and | |
(ii) partly of persons appointed or nominated, or appointed or | |
elected from among persons nominated, by one or more | |
organisations representing persons employed in or about coal | |
mines. | 40 |
(5) The second condition is that— | |
(a) the institute is managed by a committee or board, but | |
(b) the making of— | |
(i) an appointment or nomination falling within subsection | |
(4)(b)(i), or | 45 |
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(ii) an appointment or nomination falling within subsection | |
(4)(b)(ii), | |
is not practicable or would not be appropriate, and | |
(c) at least two thirds of the committee or board consists— | |
(i) partly of persons employed, or formerly employed, in or about | 5 |
coal mines, and | |
(ii) partly of persons appointed by the Coal Industry Social Welfare | |
Organisation or a body or person to which the functions of that | |
Organisation have been transferred under section 12(3) of the | |
Miners’ Welfare Act 1952 (c. 23). | 10 |
(6) The third condition is that the premises of the institute are held on trusts to | |
which section 2 of the Recreational Charities Act 1958 (c. 17) applies. | |
Interpretation | |
67 Associate members and their guests | |
(1) Any reference in this Act (other than this section) to a guest of a member of a | 15 |
club includes a reference to— | |
(a) an associate member of the club, and | |
(b) a guest of an associate member of the club. | |
(2) For the purposes of this Act a person is an “associate member” of a club if— | |
(a) in accordance with the rules of the club, he is admitted to its premises | 20 |
as being a member of another club, and | |
(b) that other club is a recognised club (see section 190). | |
68 The relevant licensing authority | |
(1) For the purposes of this Part the “relevant licensing authority” in relation to | |
any premises is determined in accordance with this section. | 25 |
(2) Subject to subsection (3), the relevant licensing authority is the authority in | |
whose area the premises are situated. | |
(3) Where the premises are situated in the areas of two or more licensing | |
authorities, the relevant licensing authority is— | |
(a) the licensing authority in whose area the greater or greatest part of the | 30 |
premises is situated, or | |
(b) if there is no authority to which paragraph (a) applies, such one of those | |
authorities as is nominated in accordance with subsection (4). | |
(4) In a case within subsection (3)(b), an applicant for a club premises certificate | |
must nominate one of the licensing authorities as the relevant licensing | 35 |
authority in relation to the application and any certificate granted as a result of | |
it. | |
69 Authorised persons, interested parties and responsible authorities | |
(1) In this Part in relation to any premises each of the following expressions has | |
the meaning given to it by this section— | 40 |
“authorised person”, | |
“interested party”, | |
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