|
| |
| |
A | |
Bill | |
[AS AMENDED IN STANDING COMMITTEE D] | |
To | |
Make provision about the regulation of the sale and supply of alcohol, the | |
provision of entertainment and the provision of late night refreshment, about | |
offences relating to alcohol and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Licensable activities | |
1 Licensable activities and qualifying club activities | |
(1) For the purposes of this Act the following are licensable activities— | |
(a) the sale by retail of alcohol, | 5 |
(b) the supply of alcohol by or on behalf of a club to, or to the order of, a | |
member of the club, | |
(c) the provision of regulated entertainment, and | |
(d) the provision of late night refreshment. | |
(2) For those purposes the following licensable activities are also qualifying club | 10 |
activities— | |
(a) the supply of alcohol by or on behalf of a club to, or to the order of, a | |
member of the club, | |
(b) the sale by retail of alcohol by or on behalf of a club to a guest of a | |
member of the club for consumption on the premises where the sale | 15 |
takes place, and | |
(c) the provision of regulated entertainment where that provision is by or | |
on behalf of a club for members of the club or members of the club and | |
their guests. | |
| |
| |
| |
|
| |
| |
(3) In this Act references to the supply of alcohol by or on behalf of a club to, or to | |
the order of, a member of the club do not include a reference to any supply | |
which is a sale by retail of alcohol. | |
(4) Schedule 1 makes provision about what constitutes the provision of regulated | |
entertainment for the purposes of this Act. | 5 |
(5) Schedule 2 makes provision about what constitutes the provision of late night | |
refreshment for those purposes (including provision that certain activities | |
carried on in relation to certain clubs or hotels etc, or certain employees, do not | |
constitute provision of late night refreshment and are, accordingly, not | |
licensable activities). | 10 |
(6) For the purposes of this Act premises are “used” for a licensable activity if that | |
activity is carried on on or from the premises. | |
(7) This section is subject to sections 170 to 172 (which exclude activities from the | |
definition of licensable activity in certain circumstances). | |
2 Authorisation for licensable activities and qualifying club activities | 15 |
(1) A licensable activity may be carried on— | |
(a) under and in accordance with a premises licence (see Part 3), or | |
(b) in circumstances where the activity is a permitted temporary activity | |
by virtue of Part 5. | |
(2) A qualifying club activity may be carried on under and in accordance with a | 20 |
club premises certificate (see Part 4). | |
(3) Nothing in this Act prevents two or more authorisations having effect | |
concurrently in respect of the whole or a part of the same premises or in respect | |
of the same person. | |
(4) For the purposes of subsection (3) “authorisation” means— | 25 |
(a) a premises licence; | |
(b) a club premises certificate; | |
(c) a temporary event notice. | |
Part 2 | |
Licensing authorities | 30 |
The authorities | |
3 Licensing authorities | |
(1) In this Act “licensing authority” means— | |
(a) the council of a district in England, | |
(b) the council of a county in England in which there are no district | 35 |
councils, | |
(c) the council of a county or county borough in Wales, | |
(d) the council of a London borough, | |
(e) the Common Council of the City of London, | |
(f) the Sub-Treasurer of the Inner Temple, | 40 |
(g) the Under-Treasurer of the Middle Temple, or | |
| |
| |
|
| |
| |
(h) the Council of the Isles of Scilly. | |
(2) For the purposes of this Act, a licensing authority’s area is the area for which | |
the authority acts. | |
Functions of licensing authorities etc. | |
4 General duties of licensing authorities | 5 |
(1) A licensing authority must carry out its functions under this Act (“licensing | |
functions”) with a view to promoting the licensing objectives. | |
(2) The licensing objectives are— | |
(a) the prevention of crime and disorder; | |
(b) public safety; | 10 |
(c) the prevention of public nuisance; and | |
(d) the protection of children from harm. | |
(3) In carrying out its licensing functions, a licensing authority must also have | |
regard to— | |
(a) its licensing statement published under section 5, and | 15 |
(b) any guidance issued by the Secretary of State under section 177. | |
5 Statement of licensing policy | |
(1) Each licensing authority must in respect of each three year period— | |
(a) determine its policy with respect to the exercise of its licensing | |
functions, and | 20 |
(b) publish a statement of that policy (a “licensing statement”) before the | |
beginning of the period. | |
(2) In this section “three year period” means— | |
(a) the period of three years beginning with such day as the Secretary of | |
State may by order appoint, and | 25 |
(b) each subsequent period of three years. | |
(3) Before determining its policy for a three year period, a licensing authority must | |
consult— | |
(a) the chief officer of police for the licensing authority’s area, | |
(b) the fire authority for that area, | 30 |
(c) such persons as the licensing authority considers to be representative of | |
holders of premises licences issued by that authority, | |
(d) such persons as the licensing authority considers to be representative of | |
holders of club premises certificates issued by that authority, | |
(e) such persons as the licensing authority considers to be representative of | 35 |
holders of personal licences issued by that authority, and | |
(f) such other persons as the licensing authority considers to be | |
representative of businesses and residents in its area. | |
(4) During each three year period, a licensing authority must keep its policy under | |
review and make such revisions to it, at such times, as it considers appropriate. | 40 |
(5) Subsection (3) applies in relation to any revision of an authority’s policy as it | |
applies in relation to the original determination of that policy. | |
| |
| |
|
| |
| |
(6) Where revisions are made, the licensing authority must publish a statement of | |
the revisions or the revised licensing statement. | |
(7) Regulations may make provision about the determination and revision of | |
policies, and the preparation and publication of licensing statements, under | |
this section. | 5 |
6 Licensing committees | |
(1) Each licensing authority must establish a licensing committee consisting of at | |
least ten, but not more than fifteen, members of the authority. | |
(2) This section does not apply in relation to the Sub-Treasurer of the Inner Temple | |
or the Under-Treasurer of the Middle Temple. | 10 |
7 Exercise and delegation of functions | |
(1) All matters relating to the discharge by a licensing authority of its licensing | |
functions are, by virtue of this subsection, referred to its licensing committee | |
and, accordingly, that committee must discharge those functions on behalf of | |
the authority. | 15 |
(2) Subsection (1) does not apply to— | |
(a) any function conferred on the licensing authority by section 5 | |
(statement of licensing policy), or | |
(b) any function discharged under subsection (5)(a) below by a committee | |
(other than a licensing committee), | 20 |
or any matter relating to the discharge of any such function. | |
(3) A licensing authority may arrange for the discharge by its licensing committee | |
of any function of the authority which— | |
(a) relates to a matter referred to that committee by virtue of subsection (1), | |
but | 25 |
(b) is not a licensing function. | |
(4) Where the licensing authority does not make arrangements under subsection | |
(3) in respect of any such function, it must (unless the matter is urgent) consider | |
a report of its licensing committee with respect to the matter before discharging | |
the function. | 30 |
(5) Where a matter relates to a licensing function of a licensing authority and to a | |
function of the authority which is not a licensing function (“the other | |
function”), the authority may— | |
(a) refer the matter to another of its committees and arrange for the | |
discharge of the licensing function by that committee, or | 35 |
(b) refer the matter to its licensing committee (to the extent it is not already | |
so referred under subsection (1)) and arrange for the discharge of the | |
other function by the licensing committee. | |
(6) In a case where an authority exercises its power under subsection (5)(a), the | |
committee to which the matter is referred must (unless the matter is urgent) | 40 |
consider a report of the authority’s licensing committee with respect to the | |
matter before discharging the function concerned. | |
(7) Before exercising its power under subsection (5)(b), an authority must consult | |
its licensing committee. | |
| |
| |
|
| |
| |
(8) In a case where an authority exercises its power under subsection (5)(b), its | |
licensing committee must (unless the matter is urgent) consider any report of | |
any of the authority’s other committees with respect to the matter before | |
discharging the function concerned. | |
(9) Where a licensing committee is unable to discharge any function delegated to | 5 |
it in accordance with this section because of the number of its members who | |
are unable to take part in the consideration or discussion of any matter or vote | |
on any question with respect to it, the committee must refer the matter back to | |
the licensing authority and the authority must discharge that function. | |
(10) This section does not apply in relation to the Sub-Treasurer of the Inner Temple | 10 |
or the Under-Treasurer of the Middle Temple. | |
8 Requirement to keep a register | |
(1) Each licensing authority must keep a register containing— | |
(a) a record of each premises licence, club premises certificate and personal | |
licence issued by it, | 15 |
(b) a record of each temporary event notice received by it, | |
(c) the matters mentioned in Schedule 3, and | |
(d) such other information as may be prescribed. | |
(2) Regulations may require a register kept under this section to be in a prescribed | |
form and kept in a prescribed manner. | 20 |
(3) Each licensing authority must provide facilities for making the information | |
contained in the entries in its register available for inspection (in a legible form) | |
by any person during office hours and without payment. | |
(4) If requested to do so by any person, a licensing authority must supply him with | |
a copy of the information contained in any entry in its register in legible form. | 25 |
(5) A licensing authority may charge such reasonable fee as it may determine in | |
respect of any copy supplied under subsection (4). | |
(6) The Secretary of State may arrange for the duties conferred on licensing | |
authorities by this section to be discharged by means of one or more central | |
registers kept by a person appointed pursuant to the arrangements. | 30 |
(7) The Secretary of State may require licensing authorities to participate in and | |
contribute towards the cost of any arrangements made under subsection (6). | |
Licensing committees | |
9 Proceedings of licensing committee | |
(1) A licensing committee may establish one or more sub-committees consisting of | 35 |
three members of the committee. | |
(2) Regulations may make provision about— | |
(a) the proceedings of licensing committees and their sub-committees | |
(including provision about the validity of proceedings and the quorum | |
for meetings), | 40 |
(b) public access to the meetings of those committees and sub-committees, | |
(c) the publicity to be given to those meetings, | |
| |
| |
|
| |
| |
(d) the agendas and records to be produced in respect of those meetings, | |
and | |
(e) public access to such agendas and records and other information about | |
those meetings. | |
(3) Subject to any such regulations, each licensing committee may regulate its own | 5 |
procedure and that of its sub-committees. | |
10 Sub-delegation of functions by licensing committee etc. | |
(1) A licensing committee may arrange for the discharge of any functions | |
exercisable by it— | |
(a) by a sub-committee established by it, or | 10 |
(b) subject to subsection (4), by an officer of the licensing authority. | |
(2) Where arrangements are made under subsection (1)(a), then, subject to | |
subsections (4) and (5), the sub-committee may in turn arrange for the | |
discharge of the function concerned by an officer of the licensing authority. | |
(3) Arrangements under subsection (1) or (2) may provide for more than one sub- | 15 |
committee or officer to discharge the same function concurrently. | |
(4) Arrangements may not be made under subsection (1) or (2) for the discharge | |
by an officer of— | |
(a) any function under— | |
(i) section 18(3) (determination of application for premises licence | 20 |
where representations have been made), | |
(ii) section 30(3) (determination of application for provisional | |
statement where representations have been made), | |
(iii) section 34(3) (determination of application for variation of | |
premises licence where representations have been made), | 25 |
(iv) section 38(3) (determination of application to vary designated | |
premises supervisor following police objection), | |
(v) section 43(5) (determination of application for transfer of | |
premises licence following police objection), | |
(vi) section 47(3) (consideration of police objection made to interim | 30 |
authority notice), | |
(vii) section 71(3) (determination of application for club premises | |
certificate where representations have been made), | |
(viii) section 83(3)(determination of application to vary club premises | |
certificate where representations have been made), | 35 |
(ix) section 103(2) (decision to give counter notice following police | |
objection to temporary event notice), | |
(x) section 118(7) (determination of application for grant of | |
personal licence following police objection), | |
(xi) section 119(6) (determination of application for renewal of | 40 |
personal licence following police objection), or | |
(xii) section 122(4) (revocation of licence where convictions come to | |
light after grant etc.), | |
(b) any function under section 51(2) or (3) (determination of application for | |
review of premises licence) in a case where relevant representations | 45 |
(within the meaning of section 51(7)) have been made, | |
| |
| |
|
| |
| |
(c) any function under section 86(2) or (3) (determination of application for | |
review of club premises certificate) in a case where relevant | |
representations (within the meaning of section 86(7)) have been made, | |
or | |
(d) any function under section 164(5) (review following closure order), in a | 5 |
case where relevant representations (within the meaning of section | |
164(9)) have been made. | |
(5) The power exercisable under subsection (2) by a sub-committee established by | |
a licensing committee is also subject to any direction given by that committee | |
to the sub-committee. | 10 |
Part 3 | |
Premises licences | |
Introductory | |
11 Premises licence | |
In this Act “premises licence” means a licence granted under this Part, in | 15 |
respect of any premises, which authorises the premises to be used for one or | |
more licensable activities. | |
12 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. | 20 |
(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 | 25 |
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)— | |
(a) an applicant for a premises licence must nominate one of the licensing | 30 |
authorities as the relevant licensing authority in relation to the | |
application and any licence granted as a result of it, and | |
(b) an applicant for a statement under section 28 (provisional statement) in | |
respect of the premises must nominate one of the licensing authorities | |
as the relevant licensing authority in relation to the statement. | 35 |
13 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— | |
“authorised person”, | |
“interested party”, | 40 |
“responsible authority”. | |
| |
| |
|
