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Licensing Bill [HL]


Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    103

 

           (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,

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           (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);

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                    “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

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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

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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

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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

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           (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,

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           (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

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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;

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Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    104

 

                      “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);

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                      “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;

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                      “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

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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;

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                      “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

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provisions indicated—

 

Expression

Interpretation provision

 
 

alcohol

section 186

 
 

associate member

section 66(2)

 
 

authorised person, in Part 3

section 13

 

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authorised person, in Part 4

section 68

 
 

beer

section 188

 
 

cider

section 188

 
 

club premises certificate

section 59

 
 

conviction, in Part 6

section 112

 

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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

 
 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    105

 
 

Expression

Interpretation provision

 
 

guest

section 66(1)

 
 

interested party, in Part 3

section 13

 
 

interested party, in Part 4

section 68

 
 

interim authority notice

section 46

 

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late night refreshment

Schedule 2

 
 

licensable activity

section 1(1)

 
 

licensed premises

section 188

 
 

licensing authority

section 3(1)

 
 

licensing authority’s area

section 3(2)

 

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licensing functions

sections 4(1) and 188

 
 

licensing objectives

section 4(2)

 
 

order

section 188

 
 

permitted temporary activity

section 96

 
 

personal licence

section 109(1)

 

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premises

section 188

 
 

premises licence

section 11

 
 

premises user, in relation to a temporary event

section 98(2)

 
 

notice

  
 

prescribed

section 188

 

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provisional statement

section 28(3)

 
 

qualifying club

section 60

 
 

qualifying club activity

section 1(2)

 
 

recognised club

section 188

 
 

regulated entertainment

Schedule 1

 

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regulations

section 188

 
 

relevant licensing authority, in Part 3

section 12

 
 

relevant licensing authority, in Part 4

section 67

 
 

relevant licensing authority, in Part 5

section 97

 
 

relevant licensing authority, in Part 6

section 110

 

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relevant offence, in Part 6

section 111

 
 

 

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary

    106

 
 

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

 

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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

 

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vessel

section 188

 
 

wine

section 188

 
 

working day

section 188

 
 

Supplementary and general

 190   Crown application

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     (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.

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     (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.

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     (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.

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     (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.

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