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(d) the aromatic flavouring essence commonly known as Angostura | |
bitters, | |
(e) alcohol which is, or is included in, a medicinal product, | |
(f) denatured alcohol, | |
(g) methyl alcohol, | 5 |
(h) naphtha, or | |
(i) alcohol contained in liqueur confectionery. | |
(2) In this section— | |
“denatured alcohol” has the same meaning as in section 5 of the Finance | |
Act 1995 (c. 4); | 10 |
“dutiable alcoholic liquor” has the same meaning as in the Alcoholic | |
Liquor Duties Act 1979 (c. 4); | |
“liqueur confectionery” means confectionery which— | |
(a) contains alcohol in a proportion not greater than 0.2 litres of | |
alcohol (of a strength not exceeding 57%) per kilogram of the | 15 |
confectionery, and | |
(b) either consists of separate pieces weighing not more than 42g or | |
is designed to be broken into such pieces for the purpose of | |
consumption; | |
“medicinal product” has the same meaning as in section 130 of the | 20 |
Medicines Act 1968 (c. 67); and | |
“strength” is to be construed in accordance with section 2 of the Alcoholic | |
Liquor Duties Act 1979. | |
187 Meaning of “sale by retail” | |
(1) For the purposes of this Act “sale by retail”, in relation to any alcohol, means a | 25 |
sale of alcohol to any person, other than a sale of alcohol that— | |
(a) is within subsection (2), | |
(b) is made from premises owned by the person making the sale, or | |
occupied by him under a lease to which the provisions of Part 2 of the | |
Landlord and Tenant Act 1954 (c. 56) (security of tenure) apply, and | 30 |
(c) is made for consumption off the premises. | |
(2) A sale of alcohol is within this subsection if it is— | |
(a) to a trader for the purposes of his trade, | |
(b) to a club, which holds a club premises certificate, for the purposes of | |
that club, | 35 |
(c) to the holder of a personal licence for the purpose of making sales | |
authorised by a premises licence, | |
(d) to the holder of a premises licence for the purpose of making sales | |
authorised by that licence, or | |
(e) to the premises user in relation to a temporary event notice for the | 40 |
purpose of making sales authorised by that notice. | |
188 Other definitions | |
In this Act— | |
“beer” has the same meaning as in the Alcoholic Liquor Duties Act 1979; | |
“cider” has the same meaning as in that Act; | 45 |
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“crime prevention objective” means the licensing objective mentioned in | |
section 4(2)(a) (prevention of crime and disorder); | |
“licensed premises” means premises in respect of which a premises | |
licence has effect; | |
“licensing functions” is to be construed in accordance with section 4(1); | 5 |
“order”, except so far as the contrary intention appears, means an order | |
made by the Secretary of State; | |
“premises” means any place and includes a vehicle, vessel or moveable | |
structure; | |
“prescribed” means prescribed by regulations; | 10 |
“recognised club” means a club which satisfies conditions 1 to 3 of the | |
general conditions in section 61; | |
“regulations” means regulations made by the Secretary of State; | |
“vehicle” means a vehicle intended or adapted for use on roads; | |
“vessel” includes a ship, boat, raft or other apparatus constructed or | 15 |
adapted for floating on water; | |
“wine” means— | |
(a) “wine” within the meaning of the Alcoholic Liquor Duties Act | |
1979 (c. 4), and | |
(b) “made-wine” within the meaning of that Act; | 20 |
“working day” means any day other than a Saturday, a Sunday, | |
Christmas Day, Good Friday or a day which is a bank holiday under the | |
Banking and Financial Dealings Act 1971 (c. 80) in England and Wales. | |
189 Index of defined expressions | |
In this Act the following expressions are defined or otherwise explained by the | 25 |
provisions indicated— | |
| Expression | Interpretation provision | | | | alcohol | section 186 | | | | associate member | section 66(2) | | | | authorised person, in Part 3 | section 13 | | 30 | | authorised person, in Part 4 | section 68 | | | | beer | section 188 | | | | cider | section 188 | | | | club premises certificate | section 59 | | | | conviction, in Part 6 | section 112 | | 35 | | crime prevention objective | section 188 | | | | designated premises supervisor | section 15 | | | | foreign offence, in Part 6 | section 111 | | | | given, in relation to a notice, etc. | section 179 | | |
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| Expression | Interpretation provision | | | | responsible authority, in Part 3 | section 13 | | | | responsible authority, in Part 4 | section 68 | | | | sale by retail, in relation to alcohol | section 187 | | | | secretary, in Part 4 | section 69 | | 5 | | supply of alcohol, in Part 3 | section 14 | | | | supply of alcohol to members or guests, in | section 69 | | | | relation to a club, in Part 4 | | | | | temporary event notice | section 98(1) | | | | vehicle | section 188 | | 10 | | vessel | section 188 | | | | wine | section 188 | | | | working day | section 188 | | |
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Supplementary and general | |
190 Crown application | 15 |
(1) This Act binds the Crown and has effect in relation to land in which there is— | |
(a) an interest belonging to Her Majesty in right of the Crown, | |
(b) an interest belonging to a government department, or | |
(c) an interest held in trust for Her Majesty for the purposes of such a | |
department. | 20 |
(2) This Act also applies to— | |
(a) land which is vested in, but not occupied by, Her Majesty in right of the | |
Duchy of Lancaster, and | |
(b) land which is vested in, but not occupied by, the possessor for the time | |
being of the Duchy of Cornwall. | 25 |
(3) No contravention by the Crown of any provision made by or under this Act | |
makes the Crown criminally liable; but the High Court may declare unlawful | |
any act or omission of the Crown which constitutes such a contravention. | |
(4) Provision made by or under this Act applies to persons in the public service of | |
the Crown as it applies to other persons. | 30 |
(5) But nothing in this Act affects Her Majesty in Her private capacity. | |
191 Removal of privileges and exemptions | |
No privilege or exemption mentioned in section 199(a) or (b) of the Licensing | |
Act 1964 (c. 26) (University of Cambridge and the Vintners of the City of | |
London) operates to exempt any person from the requirements of this Act. | 35 |
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