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(a) hold a hearing to consider whether it is appropriate to exercise any of | |
the court’s powers under subsection (2) in relation to the closure order | |
or any extension of it, and | |
(b) determine whether to exercise any of those powers. | |
(2) The relevant magistrates’ court may— | 5 |
(a) revoke the closure order and any extension of it; | |
(b) order the premises to remain or to be closed until such time as the | |
relevant licensing authority has made a determination in respect of the | |
order for the purposes of section 166; | |
(c) order the premises to remain or to be closed until that time subject to | 10 |
such exceptions as may be specified in the order; | |
(d) order the premises to remain or to be closed until that time unless such | |
conditions as may be specified in the order are satisfied. | |
(3) In determining whether the premises will be, or will remain, closed the | |
relevant magistrates’ court must, in particular, consider whether— | 15 |
(a) in the case of an order made by virtue of section 160(1)(a), closure is | |
necessary in the interests of public safety because of disorder or likely | |
disorder on the premises, or in the vicinity of and related to, the | |
premises; | |
(b) in the case of an order made by virtue of section 160(1)(b), closure is | 20 |
necessary to ensure that no public nuisance is, or is likely to be, caused | |
by noise coming from the premises. | |
(4) In the case of licensed premises, the relevant magistrates’ court must notify the | |
relevant licensing authority of any determination it makes under subsection | |
(1)(b). | 25 |
(5) Subsection (2) does not apply if, before the relevant magistrates’ court | |
discharges its functions under that subsection, the premises cease to be | |
relevant premises. | |
(6) Any order made under subsection (2) ceases to have effect if the premises cease | |
to be relevant premises. | 30 |
(7) A person commits an offence if, without reasonable excuse, he permits relevant | |
premises to be open in contravention of an order under subsection (2)(b), (c) or | |
(d). | |
(8) A person guilty of an offence under subsection (7) is liable on summary | |
conviction to imprisonment for a term not exceeding three months or to a fine | 35 |
not exceeding £20,000, or to both. | |
(9) The powers conferred on a magistrates’ court by this section are to be exercised | |
in the place required by the Magistrates’ Courts Act 1980 (c. 43) for the hearing | |
of a complaint and may be exercised by a single justice. | |
(10) Evidence given for the purposes of proceedings under this section must be | 40 |
given on oath. | |
165 Appeal from decision of magistrates’ court | |
(1) Any person aggrieved by a decision of a magistrates’ court under section 164 | |
may appeal to the Crown Court against the decision. | |
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(2) An appeal under subsection (1) must be commenced by notice of appeal given | |
by the appellant to the justices’ chief executive for the magistrates’ court within | |
the period of 21 days beginning with the day the decision appealed against was | |
made. | |
166 Review of premises licence following closure order | 5 |
(1) This section applies where— | |
(a) a closure order has come into force in relation to premises in respect of | |
which a premises licence has effect, and | |
(b) the relevant licensing authority has received a notice under section | |
164(4) (notice of magistrates’ court’s determination), in relation to the | 10 |
order and any extension of it. | |
(2) The relevant licensing authority must review the premises licence. | |
(3) The authority must reach a determination on the review no later than 28 days | |
after the day on which it receives the notice mentioned in subsection (1)(b). | |
(4) The Secretary of State must by regulations— | 15 |
(a) require the relevant licensing authority to give, to the holder of the | |
premises licence and each responsible authority, notice of— | |
(i) the review, | |
(ii) the closure order and any extension of it, and | |
(iii) any order made in relation to it under section 164(2); | 20 |
(b) require the authority to advertise the review and invite representations | |
about it to be made to the authority by responsible authorities and | |
interested parties; | |
(c) prescribe the period during which representations may be made by the | |
holder of the premises licence, any responsible authority or any | 25 |
interested party; | |
(d) require any notice under paragraph (a) or advertisement under | |
paragraph (b) to specify that period. | |
(5) The relevant licensing authority must— | |
(a) hold a hearing to consider— | 30 |
(i) the closure order and any extension of it, | |
(ii) any order under section 164(2), and | |
(iii) any relevant representations, and | |
(b) take such of the steps mentioned in subsection (6) (if any) as it considers | |
necessary for the promotion of the licensing objectives. | 35 |
(6) Those steps are— | |
(a) to modify the conditions of the premises licence, | |
(b) to exclude a licensable activity from the scope of the licence, | |
(c) to remove the designated premises supervisor from the licence, | |
(d) to suspend the licence for a period not exceeding three months, or | 40 |
(e) to revoke the licence; | |
and for this purpose the conditions of a premises licence are modified if any of | |
them is altered or omitted or any new condition is added. | |
(7) Subsection (5)(b) is subject to sections 20 and 21 (requirement to include certain | |
conditions in premises licences). | 45 |
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(8) Where the authority takes a step within subsection (6)(a) or (b), it may provide | |
that the modification or exclusion is to have effect only for a specified period | |
(not exceeding three months). | |
(9) In this section “relevant representations” means representations which— | |
(a) are relevant to one or more of the licensing objectives, and | 5 |
(b) meet the requirements of subsection (10). | |
(10) The requirements are— | |
(a) that the representations are made by the holder of the premises licence, | |
a responsible authority or an interested party within the period | |
prescribed under subsection (4)(c), | 10 |
(b) that they have not been withdrawn, and | |
(c) if they are made by an interested party (who is not also a responsible | |
authority), that they are not, in the opinion of the relevant licensing | |
authority, frivolous or vexatious. | |
(11) Where the relevant licensing authority determines that any representations are | 15 |
frivolous or vexatious, it must notify the person who made them of the reasons | |
for that determination. | |
(12) Where a licensing authority determines a review under this section it must | |
notify the determination and its reasons for making it to— | |
(a) the holder of the licence, | 20 |
(b) any person who made relevant representations, and | |
(c) the chief officer of police for the police area (or each police area) in | |
which the premises are situated. | |
(13) Section 167 makes provision about when the determination takes effect. | |
(14) In this section “interested party” and “responsible authority” have the same | 25 |
meaning as in Part 3. | |
167 Provision about decisions under section 166 | |
(1) Subject to this section, a decision under section 166 does not have effect until | |
the relevant time. | |
(2) In this section “the relevant time”, in relation to any decision, means— | 30 |
(a) the end of the period given for appealing against the decision, or | |
(b) if the decision is appealed against, the time the appeal is disposed of. | |
(3) Subsections (4) and (5) apply where— | |
(a) the relevant licensing authority decides on a review under section 166 | |
to take one or more of the steps mentioned in subsection (6)(a) to (d) of | 35 |
that section, and | |
(b) the premises to which the licence relates have been closed, by virtue of | |
an order under section 164(2)(b), (c) or (d), until that decision was | |
made. | |
(4) The decision by the relevant licensing authority to take any of the steps | 40 |
mentioned in section 166(6)(a) to (d) takes effect when it is notified to the | |
holder of the licence under section 166(12). | |
This is subject to subsection (5) and paragraph 18(3) of Schedule 5 (power of | |
magistrates’ court to suspend decision pending appeal). | |
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(5) The relevant licensing authority may, on such terms as it thinks fit, suspend the | |
operation of that decision (in whole or in part) until the relevant time. | |
(6) Subsection (7) applies where— | |
(a) the relevant licensing authority decides on a review under section 166 | |
to revoke the premises licence, and | 5 |
(b) the premises to which the licence relates have been closed, by virtue of | |
an order under section 164(2)(b), (c) or (d), until that decision was | |
made. | |
(7) The premises must remain closed (but the licence otherwise in force) until the | |
relevant time. | 10 |
This is subject to paragraph 18(4) of Schedule 5 (power of magistrates’ court to | |
modify closure order pending appeal). | |
(8) A person commits an offence if, without reasonable excuse, he allows premises | |
to be open in contravention of subsection (7). | |
(9) A person guilty of an offence under subsection (8) is liable on summary | 15 |
conviction to imprisonment for a term not exceeding three months or to a fine | |
not exceeding £20,000, or to both. | |
168 Enforcement of closure order | |
A constable may use such force as may be necessary for the purposes of closing | |
premises in compliance with a closure order. | 20 |
169 Exemption of police from liability for damages | |
(1) A constable is not liable for relevant damages in respect of any act or omission | |
of his in the performance or purported performance of his functions in relation | |
to a closure order or any extension of it. | |
(2) A chief officer of police is not liable for relevant damages in respect of any act | 25 |
or omission of a constable under his direction or control in the performance or | |
purported performance of a function of the constable’s in relation to a closure | |
order or any extension of it. | |
(3) But neither subsection (1) nor (2) applies— | |
(a) if the act or omission is shown to have been in bad faith, or | 30 |
(b) so as to prevent an award of damages in respect of an act or omission | |
on the grounds that the act or omission was unlawful as a result of | |
section 6(1) of the Human Rights Act 1998 (c. 42) (incompatibility of act | |
or omission with Convention rights). | |
(4) This section does not affect any other exemption from liability for damages | 35 |
(whether at common law or otherwise). | |
(5) In this section, “relevant damages” means damages awarded in proceedings | |
for judicial review, the tort of negligence or misfeasance in public office. | |
Interpretation | |
170 Interpretation of Part 8 | 40 |
(1) This section has effect for the purposes of this Part. | |
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(2) Relevant premises are open if a person who is not within subsection (4) enters | |
the premises and— | |
(a) he buys or is otherwise supplied with food, drink or anything usually | |
sold on the premises, or | |
(b) while he is on the premises, they are used for the provision of regulated | 5 |
entertainment. | |
(3) But in determining whether relevant premises are open the following are to be | |
disregarded— | |
(a) where no premises licence has effect in respect of the premises, any use | |
of the premises for activities (other than licensable activities) which do | 10 |
not take place during an event period specified in a temporary event | |
notice having effect in respect of the premises, | |
(b) any use of the premises for a qualifying club activity under and in | |
accordance with a club premises certificate, and | |
(c) any supply exempted under paragraph 3 of Schedule 2 (certain | 15 |
supplies of hot food and drink by clubs, hotels etc. not a licensable | |
activity) in circumstances where a person will neither be admitted to | |
the premises, nor be supplied as mentioned in sub-paragraph (1)(b) of | |
that paragraph, except by virtue of being a member of a recognised club | |
or a guest of such a member. | 20 |
(4) A person is within this subsection if he is— | |
(a) an appropriate person in relation to the premises, | |
(b) a person who usually lives at the premises, or | |
(c) a member of the family of a person within paragraph (a) or (b). | |
(5) The following expressions have the meanings given— | 25 |
“appropriate person”, in relation to any relevant premises, means— | |
(a) any person who holds a premises licence in respect of the | |
premises, | |
(b) any designated premises supervisor under such a licence, | |
(c) the premises user in relation to any temporary event notice | 30 |
which has effect in respect of the premises, or | |
(d) a manager of the premises; | |
“closure order” has the meaning given in section 160(2); | |
“extension”, in relation to a closure order, means an extension of the order | |
under section 161; | 35 |
“manager”, in relation to any premises, means a person who works at the | |
premises in a capacity, whether paid or unpaid, which authorises him | |
to close them; | |
“relevant licensing authority”, in relation to any premises in respect of | |
which a premises licence has effect, has the same meaning as in Part 3; | 40 |
“relevant magistrates’ court”, in relation to any relevant premises, means | |
a magistrates’ court acting for the petty sessions area in which the | |
premises are situated; | |
“relevant premises” has the meaning given in section 160(8); | |
“responsible senior police officer”, in relation to a closure order, means— | 45 |
(a) the senior police officer who made the order, or | |
(b) if another senior police officer is designated for the purpose by | |
the chief officer of police for the police area in which the | |
premises are situated, that other officer; | |
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“senior police officer” has the meaning given in section 160(8). | |
(6) A temporary event notice has effect from the time it is given in accordance with | |
Part 5 until— | |
(a) the time it is withdrawn, | |
(b) the time a counter notice is given under that Part, or | 5 |
(c) the expiry of the event period specified in the temporary event notice, | |
whichever first occurs. | |
Part 9 | |
Miscellaneous and supplementary | |
Special occasions | 10 |
171 Relaxation of opening hours for special occasions | |
(1) Where the Secretary of State considers that a period (“the celebration period”) | |
marks an occasion of exceptional international, national, or local significance, | |
he may make a licensing hours order. | |
(2) A licensing hours order is an order which provides that during the specified | 15 |
relaxation period premises licences and club premises certificates have effect | |
(to the extent that it is not already the case) as if specified times were included | |
in the opening hours. | |
(3) An order under this section may— | |
(a) make provision generally or only in relation to premises in one or more | 20 |
specified areas; | |
(b) make different provision in respect of different days during the | |
specified relaxation period; | |
(c) make different provision in respect of different licensable activities. | |
(4) Before making an order under this section, the Secretary of State must consult | 25 |
such persons as he considers appropriate. | |
(5) In this section— | |
“opening hours” means— | |
(a) in relation to a premises licence, the times during which the | |
premises may be used for licensable activities in accordance | 30 |
with the licence, and | |
(b) in relation to a club premises certificate, the times during which | |
the premises may be used for qualifying club activities in | |
accordance with the certificate; | |
“relaxation period” means— | 35 |
(a) if the celebration period does not exceed four days, that period, | |
or | |
(b) any part of that period not exceeding four days; and | |
“specified”, in relation to a licensing hours order, means specified in the | |
order. | 40 |
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