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Exemptions etc. | |
172 Activities in certain locations not licensable | |
(1) An activity is not a licensable activity if it is carried on— | |
(a) aboard an aircraft, hovercraft or railway vehicle engaged on a journey, | |
(b) aboard a vessel engaged on an international journey, | 5 |
(c) at an approved wharf at a designated port or hoverport, | |
(d) at an examination station at a designated airport, | |
(e) at a royal palace, | |
(f) at premises in respect of which a certificate issued under section 173 | |
(exemption for national security) has effect, or | 10 |
(g) at such other place as may be prescribed. | |
(2) For the purposes of subsection (1) the period during which an aircraft, | |
hovercraft, railway vehicle or vessel is engaged on a journey includes— | |
(a) any period ending with its departure when preparations are being | |
made for the journey, and | 15 |
(b) any period after its arrival at its destination when it continues to be | |
occupied by those (or any of those) who made the journey (or any part | |
of it). | |
(3) The Secretary of State may by order designate a port, hoverport or airport for | |
the purposes of subsection (1), if it appears to him to be one at which there is a | 20 |
substantial amount of international passenger traffic. | |
(4) Any port, airport or hoverport where section 86A or 87 of the Licensing Act | |
1964 (c. 26) is in operation immediately before the commencement of this | |
section is, on and after that commencement, to be treated for the purposes of | |
subsection (1) as if it were designated. | 25 |
(5) But provision may by order be made for subsection (4) to cease to have effect | |
in relation to any port, airport or hoverport. | |
(6) For the purposes of this section— | |
“approved wharf” has the meaning given by section 20A of the Customs | |
and Excise Management Act 1979 (c. 2); | 30 |
“designated” means designated by an order under subsection (3); | |
“examination station” has the meaning given by section 22A of that Act; | |
“international journey” means— | |
(a) a journey from a place in the United Kingdom to an immediate | |
destination outside the United Kingdom, or | 35 |
(b) a journey from a place outside the United Kingdom to an | |
immediate destination in the United Kingdom; and | |
“railway vehicle” has the meaning given by section 83 of the Railways Act | |
1993 (c. 43). | |
173 Certifying of premises on grounds of national security | 40 |
(1) A Minister of the Crown may issue a certificate under this section in respect of | |
any premises, if he considers that it is appropriate to do so for the purposes of | |
safeguarding national security. | |
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(2) A certificate under this section may identify the premises in question by means | |
of a general description. | |
(3) A document purporting to be a certificate under this section is to be received | |
in evidence and treated as being a certificate under this section unless the | |
contrary is proved. | 5 |
(4) A document which purports to be certified by or on behalf of a Minister of the | |
Crown as a true copy of a certificate given by a Minister of the Crown under | |
this section is evidence of that certificate. | |
(5) A Minister of the Crown may cancel a certificate issued by him, or any other | |
Minister of the Crown, under this section. | 10 |
(6) The powers conferred by this section on a Minister of the Crown may be | |
exercised only by a Minister who is a member of the Cabinet or by the Attorney | |
General. | |
(7) In this section “Minister of the Crown” has the meaning given by the Ministers | |
of the Crown Act 1975 (c. 26). | 15 |
174 Exemption for raffle, tombola, etc. | |
(1) The conduct of a lottery which, but for this subsection, would to any extent | |
constitute a licensable activity by reason of one or more of the prizes in the | |
lottery consisting of alcohol, is not (for that reason alone) to be treated as | |
constituting a licensable activity if— | 20 |
(a) the lottery is promoted as an incident of an exempt entertainment, | |
(b) after the deduction of all relevant expenses, the whole proceeds of the | |
entertainment (including those of the lottery) are applied for purposes | |
other than private gain, and | |
(c) subsection (2) does not apply. | 25 |
(2) This subsection applies if— | |
(a) the alcohol consists of or includes alcohol not in a sealed container, | |
(b) any prize in the lottery is a money prize, or | |
(c) a ticket or chance in the lottery is sold or issued, or the result of the | |
lottery is declared, other than at the premises where the entertainment | 30 |
takes place and during the entertainment, or | |
(d) the opportunity to participate in a lottery or in gaming is the only or | |
main inducement to attend the entertainment. | |
(3) For the purposes of subsection (1)(b), the following are relevant expenses— | |
(a) the expenses of the entertainment, excluding expenses incurred in | 35 |
connection with the lottery, | |
(b) the expenses incurred in printing tickets in the lottery, | |
(c) such reasonable and proper expenses as the promoters of the lottery | |
appropriate on account of any expenses they incur in buying prizes in | |
the lottery. | 40 |
(4) In this section— | |
“exempt entertainment” has the same meaning as in section 3(1) of the | |
Lotteries and Amusements Act 1976 (c. 32); | |
“gaming” has the meaning given by section 52 of the Gaming Act 1968 | |
(c. 65); | 45 |
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“money” and “ticket” have the meaning given by section 23 of the | |
Lotteries and Amusements Act 1976 (c. 32); and | |
“private gain”, in relation to the proceeds of an entertainment, is to be | |
construed in accordance with section 22 of that Act. | |
Service areas and garages etc. | 5 |
175 Prohibition of alcohol sales at service areas, garages etc. | |
(1) No premises licence, club premises certificate or temporary event notice has | |
effect to authorise the sale by retail or supply of alcohol on or from excluded | |
premises. | |
(2) In this section “excluded premises” means— | 10 |
(a) premises situated on land acquired or appropriated by a special road | |
authority, and for the time being used, for the provision of facilities to | |
be used in connection with the use of a special road provided for the use | |
of traffic of class I (with or without other classes); or | |
(b) premises used primarily as a garage or which form part of premises | 15 |
which are primarily so used. | |
(3) The Secretary of State may by order amend the definition of excluded premises | |
in subsection (2) so as to include or exclude premises of such description as | |
may be specified in the order. | |
(4) For the purposes of this section— | 20 |
(a) “special road” and “special road authority” have the same meaning as | |
in the Highways Act 1980 (c. 66), except that “special road” includes a | |
trunk road to which (by virtue of paragraph 3 of Schedule 23 to that | |
Act) the provisions of that Act apply as if the road were a special road, | |
(b) “class I” means class I in Schedule 4 to the Highways Act 1980 as varied | 25 |
from time to time by an order under section 17 of that Act, but if that | |
Schedule is amended by such an order so as to add to it a further class | |
of traffic, the order may adapt the reference in subsection (2)(a) to traffic | |
of class I so as to take account of the additional class, and | |
(c) premises are used as a garage if they are used for one or more of the | 30 |
following— | |
(i) the retailing of petrol, | |
(ii) the retailing of derv, | |
(iii) the sale of motor vehicles, | |
(iv) the maintenance of motor vehicles. | 35 |
Rights of entry | |
176 Rights of entry to investigate licensable activities | |
(1) Where a constable or an authorised person has reason to believe that any | |
premises are being, or are about to be, used for a licensable activity, he may | |
enter the premises with a view to seeing whether the activity is being, or is to | 40 |
be, carried on under and in accordance with an authorisation. | |
(2) An authorised person exercising the power conferred by this section must, if so | |
requested, produce evidence of his authority to exercise the power. | |
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(3) A person exercising the power conferred by this section may, if necessary, use | |
reasonable force. | |
(4) A person commits an offence if he intentionally obstructs an authorised person | |
exercising a power conferred by this section. | |
(5) A person guilty of an offence under subsection (4) is liable on summary | 5 |
conviction to a fine not exceeding level 3 on the standard scale. | |
(6) In this section— | |
“authorisation” means— | |
(a) a premises licence, | |
(b) a club premises certificate, or | 10 |
(c) a temporary event notice in respect of which the conditions of | |
section 96(2) to (4) are satisfied; and | |
“authorised person” means an authorised person within the meaning of | |
Part 3 or 4 or an authorised officer within the meaning of section 106(5). | |
(7) Nothing in this section applies in relation to premises in respect of which there | 15 |
is a club premises certificate but no other authorisation. | |
177 Right of entry to investigate offences | |
(1) A constable may enter and search any premises in respect of which he has | |
reason to believe that an offence under this Act has been, is being or is about to | |
be committed. | 20 |
(2) A constable exercising a power conferred by this section may, if necessary, use | |
reasonable force. | |
Appeals | |
178 Appeals against decisions of licensing authorities | |
(1) Schedule 5 (which makes provision for appeals against decisions of licensing | 25 |
authorities) has effect. | |
(2) On an appeal in accordance with that Schedule against a decision of a licensing | |
authority, a magistrates’ court may— | |
(a) dismiss the appeal, | |
(b) substitute for the decision appealed against any other decision which | 30 |
could have been made by the licensing authority, or | |
(c) remit the case to the licensing authority to dispose of it in accordance | |
with the direction of the court, | |
and may make such order as to costs as it thinks fit. | |
Guidance, hearings etc. | 35 |
179 Guidance | |
(1) The Secretary of State must issue guidance (“the licensing guidance”) to | |
licensing authorities on the discharge of their functions under this Act. | |
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(2) But the Secretary of State may not issue the licensing guidance unless a draft of | |
it has been laid before, and approved by resolution of, each House of | |
Parliament. | |
(3) The Secretary of State may, from time to time, revise the licensing guidance. | |
(4) A revised version of the licensing guidance does not come into force until the | 5 |
Secretary of State lays it before Parliament. | |
(5) Where either House, before the end of the period of 40 days beginning with the | |
day on which a revised version of the licensing guidance is laid before it, by | |
resolution disapproves that version— | |
(a) the Secretary of State must, under subsection (3), make such further | 10 |
revisions to the licensing guidance as appear to him to be required in | |
the circumstances, and | |
(b) before the end of the period of 40 days beginning with the date on | |
which the resolution is made, lay a further revised version of the | |
licensing guidance before Parliament. | 15 |
(6) In reckoning any period of 40 days for the purpose of subsection (5), no account | |
is to be taken of any time during which— | |
(a) Parliament is dissolved or prorogued, or | |
(b) both Houses are adjourned for more than four days. | |
(7) The Secretary of State must arrange for any guidance issued or revised under | 20 |
this section to be published in such manner as he considers appropriate. | |
180 Hearings | |
(1) Regulations may prescribe the procedure to be followed in relation to a hearing | |
held by a licensing authority under this Act and, in particular, may— | |
(a) require a licensing authority to give notice of hearings to such persons | 25 |
as may be prescribed; | |
(b) make provision for expedited procedures in urgent cases; | |
(c) make provision about the rules of evidence which are to apply to | |
hearings; | |
(d) make provision about the legal representation at hearings of the parties | 30 |
to it; | |
(e) prescribe the period within which an application, in relation to which a | |
hearing has been held, must be determined or any other step in the | |
procedure must be taken. | |
(2) But a licensing authority may not make any order as to the costs incurred by a | 35 |
party in connection with a hearing under this Act. | |
181 Giving of notices, etc. | |
(1) This section has effect in relation to any document required or authorised by or | |
under this Act to be given to any person (“relevant document”). | |
(2) Where that person is a licensing authority, the relevant document must be | 40 |
given by addressing it to the authority and leaving it at or sending it by post | |
to— | |
(a) the principal office of the authority, or | |
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(b) any other office of the authority specified by it as one at which it will | |
accept documents of the same description as that document. | |
(3) In any other case the relevant document may be given to the person in question | |
by delivering it to him, or by leaving it at his proper address, or by sending it | |
by post to him at that address. | 5 |
(4) A relevant document may— | |
(a) in the case of a body corporate (other than a licensing authority), be | |
given to the secretary or clerk of that body; | |
(b) in the case of a partnership, be given to a partner or a person having the | |
control or management of the partnership business; | 10 |
(c) in the case of an unincorporated association (other than a partnership), | |
be given to an officer of the association. | |
(5) For the purposes of this section and section 7 of the Interpretation Act 1978 | |
(c. 30) (service of documents by post) in its application to this section, the | |
proper address of any person to whom a relevant document is to be given is his | 15 |
last known address, except that— | |
(a) in the case of a body corporate or its secretary or clerk, it is the address | |
of the registered office of that body or its principal office in the United | |
Kingdom, | |
(b) in the case of a partnership, a partner or a person having control or | 20 |
management of the partnership business, it is that of the principal office | |
of the partnership in the United Kingdom, and | |
(c) in the case of an unincorporated association (other than a partnership) | |
or any officer of the association, it is that of its principal office in the | |
United Kingdom. | 25 |
(6) But if a relevant document is given to a person in his capacity as the holder of | |
a premises licence, club premises certificate or personal licence, or as the | |
designated premises supervisor under a premises licence, his relevant | |
registered address is also to be treated, for the purposes of this section and | |
section 7 of the Interpretation Act 1978, as his proper address. | 30 |
(7) In subsection (6) “relevant registered address”, in relation to such a person, | |
means the address given for that person in the record for the licence or | |
certificate (as the case may be) which is contained in the register kept under | |
section 9 by the licensing authority which granted the licence or certificate. | |
(8) The following provisions of the Local Government Act 1972 (c. 70) do not | 35 |
apply in relation to the service of a relevant document— | |
(a) section 231 (service of notices on local authorities etc.), | |
(b) section 233 (service of notices by local authorities). | |
182 Provision of information | |
(1) This section applies to information which is held by or on behalf of a licensing | 40 |
authority or a responsible authority (including information obtained by or on | |
behalf of the authority before the coming into force of this section). | |
(2) Information to which this section applies may be supplied— | |
(a) to a licensing authority, or | |
(b) to a responsible authority, | 45 |
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for the purposes of facilitating the exercise of the authority’s functions under | |
this Act. | |
(3) Information obtained by virtue of this section must not be further disclosed | |
except to a licensing authority or responsible authority for the purposes | |
mentioned in subsection (2). | 5 |
(4) In this section “responsible authority” means a responsible authority within | |
the meaning of Part 3 or 4. | |
General provisions about offences | |
183 Proceedings for offences | |
(1) In this section “offence” means an offence under this Act. | 10 |
(2) Proceedings for an offence may be instituted— | |
(a) by a licensing authority, | |
(b) by the Director of Public Prosecutions, or | |
(c) in the case of an offence under section 144 or 145 (sale of alcohol to | |
children), by a local weights and measures authority (within the | 15 |
meaning of section 69 of the Weights and Measures Act 1985 (c. 72)). | |
(3) In relation to any offence, section 127(1) of the Magistrates’ Courts Act 1980 | |
(information to be laid within six months of offence) is to have effect as if for | |
the reference to six months there were substituted a reference to 12 months. | |
184 Offences by bodies corporate etc. | 20 |
(1) If an offence committed by a body corporate is shown— | |
(a) to have been committed with the consent or connivance of an officer, or | |
(b) to be attributable to any neglect on his part, | |
the officer as well as the body corporate is guilty of the offence and liable to be | |
proceeded against and punished accordingly. | 25 |
(2) If the affairs of a body corporate are managed by its members, subsection (1) | |
applies in relation to the acts and defaults of a member in connection with his | |
functions of management as if he were a director of the body. | |
(3) In subsection (1) “officer”, in relation to a body corporate, means— | |
(a) a director, member of the committee of management, chief executive, | 30 |
manager, secretary or other similar officer of the body, or a person | |
purporting to act in any such capacity, and | |
(b) an individual who is a controller of the body. | |
(4) If an offence committed by a partnership is shown— | |
(a) to have been committed with the consent or connivance of a partner, or | 35 |
(b) to be attributable to any neglect on his part, | |
the partner as well as the partnership is guilty of the offence and liable to be | |
proceeded against and punished accordingly. | |
(5) In subsection (4) “partner” includes a person purporting to act as a partner. | |
(6) If an offence committed by an unincorporated association (other than a | 40 |
partnership) is shown— | |
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