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(a) imposing liability for the making of the payment on the secretary or | |
such other officers or members of the club as may be prescribed, | |
(b) prescribing the amount of any such fee, and | |
(c) prescribing the time at which any such fee is due. | |
(4) Any fee which is owed to a licensing authority under subsection (2) may be | 5 |
recovered as a debt due to the authority from any person liable to make the | |
payment by virtue of subsection (3)(a). | |
Production of certificate, rights of entry, etc. | |
91 Licensing authority’s duty to update club premises certificate | |
(1) Where— | 10 |
(a) the relevant licensing authority, in relation to a club premises | |
certificate, makes a determination or receives a notice under this Part, | |
or | |
(b) an appeal against a decision under this Part is disposed of, | |
the relevant licensing authority must make the appropriate amendments (if | 15 |
any) to the certificate and, if necessary, issue a new summary of the certificate. | |
(2) Where a licensing authority is not in possession of the club premises certificate, | |
it may, for the purpose of discharging its obligations under subsection (1), | |
require the secretary of the club to produce the certificate to the authority | |
within 14 days from the date on which the club is notified of the requirement. | 20 |
(3) A person commits an offence if he fails, without reasonable excuse, to comply | |
with a requirement under subsection (2). | |
(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. | |
92 Duty to keep and produce certificate | 25 |
(1) This section applies whenever premises in respect of which a club premises | |
certificate has effect are being used for one or more qualifying club activities | |
authorised by the certificate. | |
(2) The secretary of the club must secure that the certificate, or a certified copy of | |
it, is kept at the premises in the custody or under the control of a person (the | 30 |
“nominated person”) who— | |
(a) falls within subsection (3), | |
(b) has been nominated for the purpose by the secretary in writing, and | |
(c) has been identified to the relevant licensing authority in a notice given | |
by the secretary. | 35 |
(3) The persons who fall within this subsection are— | |
(a) the secretary of the club, | |
(b) any member of the club, | |
(c) any person who works at the premises for the purposes of the club. | |
(4) The nominated person must secure that— | 40 |
(a) the summary of the certificate or a certified copy of that summary, and | |
(b) a notice specifying the position which he holds at the premises, | |
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are prominently displayed at the premises. | |
(5) The secretary commits an offence if he fails, without reasonable excuse, to | |
comply with subsection (2). | |
(6) The nominated person commits an offence if he fails, without reasonable | |
excuse, to comply with subsection (4). | 5 |
(7) A constable or an authorised person may require the nominated person to | |
produce the club premises certificate (or certified copy) for examination. | |
(8) An authorised person exercising the power conferred by subsection (7) must, | |
if so requested, produce evidence of his authority to exercise the power. | |
(9) A person commits an offence if he fails, without reasonable excuse, to produce | 10 |
a club premises certificate or certified copy of a club premises certificate in | |
accordance with a requirement under subsection (7). | |
(10) 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. | |
(11) In subsection (4) the reference to the summary of the certificate is a reference to | 15 |
the summary issued under section 75 or, where one or more summaries have | |
subsequently been issued under section 91, the most recent summary to be so | |
issued. | |
(12) Section 93 makes provision about certified copies of club premises certificates | |
and of summaries of club premises certificates for the purposes of this section. | 20 |
93 Provision supplementary to section 92 | |
(1) Any reference in section 92 to a certified copy of a document is a reference to a | |
copy of the document which is certified to be a true copy by— | |
(a) the relevant licensing authority, | |
(b) a solicitor or notary, or | 25 |
(c) a person of a prescribed description. | |
(2) Any certified copy produced in accordance with a requirement under | |
subsection 92(7) 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 | 30 |
to be such a copy, and to comply with the requirements of subsection (2), | |
unless the contrary is shown. | |
94 Inspection of premises before grant of certificate etc. | |
(1) Subsection (2) applies where— | |
(a) a club applies for a club premises certificate in respect of any premises, | 35 |
(b) a club applies under section 82 for the variation of a club premises | |
certificate held by it, or | |
(c) an application is made under section 85 for review of a club premises | |
certificate. | |
(2) On production of his authority— | 40 |
(a) an authorised person, or | |
(b) a constable authorised by the chief officer of police, | |
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may enter and inspect the premises. | |
(3) Any entry and inspection under this section must take place at a reasonable | |
time on a day— | |
(a) which is not more than 14 days after the making of the application in | |
question, and | 5 |
(b) which is specified in the notice required by subsection (4). | |
(4) Before an authorised person or constable enters and inspects any premises | |
under this section, at least 48 hours’ notice must be given to the club. | |
(5) Any person obstructing an authorised person in the exercise of the power | |
conferred by this section commits an offence. | 10 |
(6) A person guilty of an offence under subsection (5) is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | |
(7) The relevant licensing authority may, on the application of a responsible | |
authority, extend by not more than 7 days the time allowed for carrying out an | |
entry and inspection under this section. | 15 |
(8) The relevant licensing authority may allow such an extension of time only if it | |
appears to the authority that— | |
(a) reasonable steps had been taken for an authorised person or constable | |
authorised by the applicant to inspect the premises in good time, but | |
(b) it was not possible for the inspection to take place within the time | 20 |
allowed. | |
95 Other powers of entry and search | |
(1) Where a club premises certificate has effect in respect of any premises, a | |
constable may enter and search the premises if he has reasonable cause to | |
believe— | 25 |
(a) that an offence under section 4(3)(a), (b) or (c) of the Misuse of Drugs | |
Act 1971 (c. 38) (supplying or offering to supply, or being concerned in | |
supplying or making an offer to supply, a controlled drug) has been, is | |
being, or is about to be, committed there, or | |
(b) that there is likely to be a breach of the peace there. | 30 |
(2) A constable exercising any power conferred by this section may, if necessary, | |
use reasonable force. | |
Part 5 | |
Permitted temporary activities | |
Introductory | 35 |
96 Meaning of “permitted temporary activity” | |
(1) A licensable activity is a permitted temporary activity by virtue of this Part if— | |
(a) it is carried on in accordance with a notice given in accordance with | |
section 98, and | |
(b) the following conditions are satisfied. | 40 |
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(2) The first condition is that the requirements of sections 100 (acknowledgement | |
of notice) and 102(1) (notification of police) are met in relation to the notice. | |
(3) The second condition is that the notice has not been withdrawn under this Part. | |
(4) The third condition is that no counter notice has been given under this Part in | |
respect of the notice. | 5 |
97 The relevant licensing authority | |
In this Part references to the “relevant licensing authority”, in relation to any | |
premises, are references to— | |
(a) the licensing authority in whose area the premises are situated, or | |
(b) where the premises are situated in the areas of two or more licensing | 10 |
authorities, each of those authorities. | |
Temporary event notices | |
98 Temporary event notice | |
(1) Where it is proposed to use premises for one or more licensable activities | |
during a period not exceeding 72 hours, an individual may give to the relevant | 15 |
licensing authority notice of that proposal (a “temporary event notice”). | |
(2) In this Act, the “premises user”, in relation to a temporary event notice, is the | |
individual who gave the notice. | |
(3) An individual may not give a temporary event notice unless he is aged 18 or | |
over. | 20 |
(4) A temporary event notice must be in the prescribed form and contain— | |
(a) a statement of the matters mentioned in subsection (5), | |
(b) where subsection (6) applies, a statement of the condition mentioned in | |
that subsection, and | |
(c) such other information as may be prescribed. | 25 |
(5) Those matters are— | |
(a) the licensable activities to which the proposal mentioned in subsection | |
(1) relates (“the relevant licensable activities”), | |
(b) the period (not exceeding 72 hours) during which it is proposed to use | |
the premises for those activities (“the event period”), | 30 |
(c) the times during the event period when the premises user proposes that | |
those licensable activities shall take place, | |
(d) the maximum number of persons (being a number less than 500) which | |
the premises user proposes should, during those times, be allowed on | |
the premises at the same time, | 35 |
(e) where the relevant licensable activities include the supply of alcohol, | |
whether supplies are proposed to be for consumption on the premises | |
or off the premises, or both, and | |
(f) such other matters as may be prescribed. | |
(6) Where the relevant licensable activities include the supply of alcohol, the | 40 |
notice must make it a condition of using the premises for such supplies that all | |
such supplies are made by or under the authority of the premises user. | |
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(7) The temporary event notice— | |
(a) must be given to the relevant licensing authority (in duplicate) no later | |
than ten working days before the day on which the event period begins, | |
and | |
(b) must be accompanied by the prescribed fee. | 5 |
(8) In this section “supply of alcohol” means— | |
(a) the sale by retail of alcohol, or | |
(b) the supply of alcohol by or on behalf of a club to, or to the order of, a | |
member of the club. | |
99 Minimum of 24 hours between event periods | 10 |
(1) A temporary event notice (“notice A”) given by an individual (“the relevant | |
premises user”) is void if the event period specified in it does not— | |
(a) end at least 24 hours before the event period specified in any other | |
temporary event notice given by the relevant premises user in respect | |
of the same premises before or at the same time as notice A, or | 15 |
(b) begin at least 24 hours after the event period specified in any other such | |
notice. | |
(2) For the purposes of subsection (1)— | |
(a) any temporary event notice in respect of which a counter notice has | |
been given under this Part or which has been withdrawn under section | 20 |
101 is to be disregarded; | |
(b) a temporary event notice given by an individual who is an associate of | |
the relevant premises user is to be treated as a notice given by the | |
relevant premises user; | |
(c) a temporary event notice (“notice B”) given by an individual who is in | 25 |
business with the relevant premises user is to be treated as a notice | |
given by the relevant premises user if— | |
(i) that business relates to one or more licensable activities, and | |
(ii) notice A and notice B relate to one or more licensable activities | |
to which the business relates (although not necessarily the same | 30 |
activity or activities); | |
(d) two temporary event notices are in respect of the same premises if the | |
whole or any part of the premises in respect of which one of the notices | |
is given includes or forms part of the premises in respect of which the | |
other notice is given. | 35 |
(3) For the purposes of this section an individual is an associate of another person | |
if he is— | |
(a) the spouse of that person, | |
(b) a child, parent, grandchild, grandparent, brother or sister of that | |
person, | 40 |
(c) an agent or employee of that person, or | |
(d) the spouse of a person within paragraph (b) or (c). | |
(4) For the purposes of subsection (3) a person living with another as that person’s | |
husband or wife is to be treated as that person’s spouse. | |
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