Licensing Bill [HL]

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House of Commons

Session 2002 - 03
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Licensing Bill [HL]

Licensing Bill [HL]

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Culture, Media and
Sport, will be published separately as Bill 73—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Tessa Jowell has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Licensing Bill [HL] are compatible with the
Convention rights.

Bill 73 53/2

Licensing Bill [HL]

Contents
Part 1
Licensable activities
      1         Licensable activities and qualifying club activities
      2         Authorisation for licensable activities and qualifying club activities
Part 2
Licensing authorities
The authorities
      3         Licensing authorities
      4         Central Licensing Authority
Functions of licensing authorities etc.
      5         General duties of licensing authorities
      6         Statement of licensing policy
      7         Licensing committees
      8         Exercise and delegation of functions
      9         Requirement to keep a register
Licensing committees
      10         Proceedings of licensing committee
      11         Sub-delegation of functions by licensing committee etc.
Part 3
Premises licences
Introductory
      12         Premises licence
      13         The relevant licensing authority
      14         Authorised persons, interested parties and responsible authorities

Bill 73 53/2

Licensing Bill [HL]
iv

      15         Meaning of “supply of alcohol”
      16         Meaning of “designated premises supervisor”
Grant of premises licence
      17         Applicant for premises licence
      18         Application for premises licence
      19         Determination of application for premises licence
      20         Mandatory conditions where licence authorises supply of alcohol
      21         Mandatory condition: door supervision
      22         Prohibited conditions: plays
      23         Grant or rejection of application
      24         Form of licence and summary
      25         Theft, loss, etc. of premises licence or summary
Duration of licence
      26         Period of validity of premises licence
      27         Death, incapacity, insolvency etc. of licence holder
      28         Surrender of premises licence
Provisional statement
      29         Application for a provisional statement where premises being built, etc.
      30         Advertisement of application for provisional statement
      31         Determination of application for provisional statement
      32         Restriction on representations following provisional statement
Duty to notify certain changes
      33         Notification of change of name or address
Variation of licences
      34         Application to vary premises licence
      35         Determination of application under section 34
      36         Supplementary provision about determinations under section 35
      37         Application to vary licence to specify individual as premises supervisor
      38         Circumstances in which section 37 application given interim effect
      39         Determination of section 37 application
      40         Duty of applicant following determination under section 39
      41         Request to be removed as designated premises supervisor
Transfer of premises licence
      42         Application for transfer of premises licence
      43         Circumstances in which transfer application given interim effect
      44         Determination of transfer application
      45         Notification of determination under section 44
      46         Duty to notify designated premises supervisor of transfer
Interim authority notices
      47         Interim authority notice following death etc. of licence holder

Licensing Bill [HL]
v

      48         Cancellation of interim authority notice following police objections
      49         Supplementary provision about interim authority notices
Transfer following death etc. of licence holder
      50         Reinstatement of licence on transfer following death etc. of holder
Review of licences
      51         Application for review of premises licence
      52         Determination of application for review
      53         Supplementary provision about review
General provision
      54         Form etc. of applications and notices under Part 3
      55         Fees
Production of licence, rights of entry, etc.
      56         Licensing authority’s duty to update licence document
      57         Duty to keep and produce licence
      58         Provision supplementary to section 57
      59         Inspection of premises before grant of licence etc.
Part 4
Clubs
Introductory
      60         Club premises certificate
Qualifying clubs
      61         Qualifying clubs
      62         The general conditions
      63         Determining whether a club is established and conducted in good faith
      64         The additional conditions for the supply of alcohol
      65         Industrial and provident societies, friendly societies etc.
      66         Miners’ welfare institutes
Interpretation
      67         Associate members and their guests
      68         The relevant licensing authority
      69         Authorised persons, interested parties and responsible authorities
      70         Other definitions relating to clubs
Grant of club premises certificate
      71         Application for club premises certificate
      72         Determination of application for club premises certificate
      73         Prohibited conditions: associate members and their guests

Licensing Bill [HL]
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      74         Prohibited conditions: plays
      75         Grant or rejection of application for club premises certificate
      76         Form of certificate and summary
      77         Theft, loss etc. of certificate or summary
Duration of certificate
      78         Period of validity of club premises certificate
      79         Surrender of club premises certificate
Duty to notify certain changes
      80         Notification of change of name or alteration of rules of club
      81         Change of relevant registered address of club
Variation of certificates
      82         Application to vary club premises certificate
      83         Determination of application under section 82
      84         Supplementary provision about applications under section 82
Review of certificates
      85         Application for review of club premises certificate
      86         Determination of application for review
      87         Supplementary provision about review
Withdrawal of certificates
      88         Club ceasing to be a qualifying club
General provision
      89         Form etc. of applications and notices under Part 4
      90         Fees
Production of certificate, rights of entry, etc.
      91         Licensing authority’s duty to update club premises certificate
      92         Duty to keep and produce certificate
      93         Provision supplementary to section 92
      94         Inspection of premises before grant of certificate etc.
      95         Other powers of entry and search
Part 5
Permitted temporary activities
Introductory
      96         Meaning of “permitted temporary activity”
      97         The relevant licensing authority

Licensing Bill [HL]
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Temporary event notices
      98         Temporary event notice
      99         Minimum of 24 hours between event periods
      100         Acknowledgement of notice
      101         Withdrawal of notice
Police objections
      102         Objection to notice by the police
      103         Counter notice following police objection
      104         Modification of notice following police objection
Limits on temporary event notices
      105         Counter notice where permitted limits exceeded
Rights of entry, production of notice, etc.
      106         Right of entry where temporary event notice given
      107         Duty to keep and produce temporary event notice
Miscellaneous
      108         Theft, loss, etc. of temporary event notice
Part 6
Personal licences
Introductory
      109         Personal licence
      110         The relevant licensing authority
      111         Meaning of “relevant offence” and “foreign offence”
      112         Spent convictions
      113         Period of validity of personal licence
      114         Surrender of personal licence
Grant and renewal of licences
      115         Application for grant or renewal of personal licence
      116         Individual permitted to hold only one personal licence
      117         Licence continued pending renewal
      118         Determination of application for grant
      119         Determination of application for renewal
      120         Notification of determinations
      121         Duty to notify licensing authority of convictions during application period
      122         Convictions coming to light after grant or renewal
      123         Form of personal licence
      124         Theft, loss, etc. of personal licence
Duty to notify certain changes
      125         Duty to notify change of name or address

Licensing Bill [HL]
viii

Conviction of licence holder for relevant offence
      126         Duty to notify court of personal licence
      127         Forfeiture or suspension of licence on conviction for relevant offence
      128         Powers of appellate court to suspend order under section 127
      129         Court’s duty to notify licensing authority of convictions
      130         Licence holder’s duty to notify licensing authority of convictions
General provision
      131         Form etc. of applications and notices under Part 6
      132         Licensing authority’s duty to update licence document
Production of licence
      133         Licence holder’s duty to produce licence
Part 7
Offences
Unauthorised licensable activities
      134         Unauthorised licensable activities
      135         Exposing alcohol for unauthorised sale
      136         Keeping alcohol on premises for unauthorised sale
      137         Defence of due diligence
Drunkenness and disorderly conduct
      138         Allowing disorderly conduct on licensed premises etc.
      139         Sale of alcohol to a person who is drunk
      140         Obtaining alcohol for a person who is drunk
      141         Failure to leave licensed premises etc.
Smuggled goods
      142         Keeping of smuggled goods
Children and alcohol
      143         Allowing children into licensed premises
      144         Sale of alcohol to children
      145         Allowing the sale of alcohol to children
      146         Sale of liqueur confectionery to children under 16
      147         Purchase of alcohol by or on behalf of children
      148         Consumption of alcohol by children
      149         Delivering alcohol to children
      150         Sending a child to obtain alcohol
      151         Prohibition of sales in the presence of children
      152         Prohibition of unsupervised sales by children
      153         Enforcement role for weights and measures authorities

© Parliamentary copyright 2003
Revised 13 March 2003