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Licensing Bill [HL]


Licensing Bill [HL]
Part 3 — Premises licences

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 19    Mandatory conditions where licence authorises supply of alcohol

     (1)    Where a premises licence authorises the supply of alcohol, the licence must

include the following conditions.

     (2)    The first condition is that no supply of alcohol may be made under the

premises licence—

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           (a)           at a time when there is no designated premises supervisor in respect of

the premises licence, or

           (b)           at a time when the designated premises supervisor does not hold a

personal licence or his personal licence is suspended.

     (3)    The second condition is that every supply of alcohol under the premises licence

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must be made or authorised by a person who holds a personal licence.

 20    Mandatory condition: door supervision

     (1)    Where a premises licence includes a condition that at specified times one or

more individuals must be at the premises to carry out a security activity, the

licence must include a condition that each such individual must be licensed by

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the Security Industry Authority.

     (2)    But nothing in subsection (1) requires such a condition to be imposed—

           (a)           in respect of premises within paragraph 8(3)(a) of Schedule 2 to the

Private Security Industry Act 2001 (c. 12) (premises with premises

licences authorising plays or films), or

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           (b)           in respect of premises in relation to—

                  (i)                 any occasion mentioned in paragraph 8(3)(b) or (c) of that

Schedule (premises being used exclusively by club with club

premises certificate, under a temporary event notice

authorising plays or films or under a gaming licence), or

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                  (ii)                any occasion within paragraph 8(3)(d) of that Schedule

(occasions prescribed by regulations under that Act).

     (3)    For the purposes of this section—

           (a)           “security activity” means an activity to which paragraph 2(1)(a) of that

Schedule applies, and

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           (b)           paragraph 8(5) of that Schedule (interpretation of references to an

occasion) applies as it applies in relation to paragraph 8 of that

Schedule.

 21    Prohibited conditions: plays

     (1)    In relation to a premises licence which authorises the performance of plays, no

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condition may be attached to the licence as to the nature of the plays which

may be performed, or the manner of performing plays, under the licence.

     (2)    But subsection (1) does not prevent a licensing authority imposing, in

accordance with section 18(2)(a) or (3)(b), 34(3)(b) or 51(3), any condition which

it considers necessary on the grounds of public safety.

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 22    Grant or rejection of application

     (1)    Where an application is granted under section 18, the relevant licensing

authority must forthwith—

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    14

 

           (a)           give a notice to that effect to—

                  (i)                 the applicant,

                  (ii)                any person who made relevant representations in respect of the

application, and

                  (iii)               the chief officer of police for the police area (or each police area)

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in which the premises are situated, and

           (b)           issue the applicant with the licence and a summary of it.

     (2)    Where relevant representations were made in respect of the application, the

notice under subsection (1)(a) must state the authority’s reasons for its decision

as to the steps (if any) to take under section 18(3)(b).

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     (3)    Where an application is rejected under section 18, the relevant licensing

authority must forthwith give a notice to that effect, stating its reasons for the

decision, to—

           (a)           the applicant,

           (b)           any person who made relevant representations in respect of the

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application, and

           (c)           the chief officer of police for the police area (or each police area) in

which the premises are situated.

     (4)    In this section “relevant representations” has the meaning given in section

18(6).

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 23    Form of licence and summary

     (1)    A premises licence and the summary of a premises licence must be in the

prescribed form.

     (2)    Regulations under subsection (1) must, in particular, provide for the licence

to—

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           (a)           specify the name and address of the holder;

           (b)           include a plan of the premises to which the licence relates;

           (c)           if the licence has effect for a limited period, specify that period;

           (d)           specify the licensable activities for which the premises may be used;

           (e)           if the licensable activities include the supply of alcohol, specify the

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name and address of the individual (if any) who is the premises

supervisor in respect of the licence;

           (f)           specify the conditions subject to which the licence has effect.

 24    Theft, loss, etc. of premises licence or summary

     (1)    Where a premises licence or summary is lost, stolen, damaged or destroyed,

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the holder of the licence may apply to the relevant licensing authority for a

copy of the licence or summary.

     (2)    Subsection (1) is subject to regulations under section 54(1) (fee to accompany

applications).

     (3)    Where an application is made in accordance with this section, the relevant

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licensing authority must issue the holder of the licence with a copy of the

licence or summary (certified by the authority to be a true copy) if it is satisfied

that—

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    15

 

           (a)           the licence or summary has been lost, stolen, damaged or destroyed,

and

           (b)           where it has been lost or stolen, the holder has reported that loss or theft

to the police.

     (4)    The copy issued under this section must be a copy of the premises licence or

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summary in the form in which it existed immediately before it was lost, stolen,

damaged or destroyed.

     (5)    This Act applies in relation to a copy issued under this section as it applies in

relation to an original licence or summary.

Duration of licence

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 25    Period of validity of premises licence

     (1)    Subject to sections 26 and 27, a premises licence has effect until such time as—

           (a)           it is revoked under section 51, or

           (b)           if it specifies that it has effect for a limited period, that period expires.

     (2)    But a premises licence does not have effect during any period when it is

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suspended under section 51.

 26    Death, incapacity, insolvency etc. of licence holder

     (1)    A premises licence lapses if the holder of the licence—

           (a)           dies,

           (b)           becomes mentally incapable (within the meaning of section 13(1) of the

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Enduring Powers of Attorney Act 1985 (c. 29)),

           (c)           becomes insolvent,

           (d)           is dissolved, or

           (e)           if it is a club, ceases to be a recognised club.

     (2)    This section is subject to sections 46 and 49 (which make provision for the

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reinstatement of the licence in certain circumstances).

     (3)    For the purposes of this section, an individual becomes insolvent on—

           (a)           the approval of a voluntary arrangement proposed by him,

           (b)           being adjudged bankrupt or having his estate sequestrated, or

           (c)           entering into a deed of arrangement made for the benefit of his

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creditors or a trust deed for his creditors.

     (4)    For the purposes of this section, a company becomes insolvent on—

           (a)           the approval of a voluntary arrangement proposed by its directors,

           (b)           the appointment of an administrator in respect of the company,

           (c)           the appointment of an administrative receiver in respect of the

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company, or

           (d)           going into liquidation.

     (5)    An expression used in this section and in the Insolvency Act 1986 (c. 45) has the

same meaning in this section as in that Act.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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 27    Surrender of premises licence

     (1)    Where the holder of a premises licence wishes to surrender his licence he may

give the relevant licensing authority a notice to that effect.

     (2)    The notice must be accompanied by the premises licence or, if that is not

practicable, by a statement of the reasons for the failure to provide the licence.

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     (3)    Where a notice of surrender is given in accordance with this section, the

premises licence lapses on receipt of the notice by the authority.

     (4)    This section is subject to section 49 (which makes provision for the

reinstatement in certain circumstances of a licence surrendered under this

section).

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Provisional statement

 28    Application for a provisional statement where premises being built, etc.

     (1)    This section applies to premises which—

           (a)           are being or are about to be constructed for the purpose of being used

for one or more licensable activities, or

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           (b)           are being or are about to be extended or otherwise altered for that

purpose (whether or not they are already being used for that purpose).

     (2)    A person may apply to the relevant licensing authority for a provisional

statement if—

           (a)           he is interested in the premises, and

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           (b)           where he is an individual, he is aged 18 or over.

     (3)    In this Act “provisional statement” means a statement issued under section

30(2) or (3)(c).

     (4)    Subsection (2) is subject to regulations under—

           (a)           section 53 (form etc. of applications etc.);

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           (b)           section 54 (fees to accompany applications etc.).

     (5)    An application under this section must also be accompanied by a schedule of

works.

     (6)    A schedule of works is a document in the prescribed form which includes—

           (a)           a statement made by or on behalf of the applicant including particulars

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of the premises to which the application relates and of the licensable

activities for which the premises are to be used,

           (b)           plans of the work being or about to be done at the premises, and

           (c)           such other information as may be prescribed.

     (7)    For the purposes of this Part, in relation to any premises in respect of which an

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application for a provisional statement has been made, references to the work

being satisfactorily completed are to work at the premises being completed in

a manner which substantially complies with the schedule of works

accompanying the application.

 29    Advertisement of application for provisional statement

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     (1)    This section applies where an application is made under section 28.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

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     (2)    The duty to make regulations imposed on the Secretary of State by section 17(5)

(advertisement etc. of application) applies in relation to an application under

section 28 as it applies in relation to an application under section 17.

     (3)    Regulations made under section 17(5)(a) by virtue of subsection (2) may, in

particular, require advertisements to contain a statement in the prescribed

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form describing the effect of section 31 (restriction on representations

following issue of a provisional statement).

 30    Determination of application for provisional statement

     (1)    This section applies where the relevant licensing authority—

           (a)           receives a provisional statement application, and

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           (b)           is satisfied that the applicant has complied with any requirement

imposed on him by virtue of section 29.

     (2)    Where no relevant representations are made, the authority must issue the

applicant with a statement to that effect.

     (3)    Where relevant representations are made, the authority must—

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           (a)           hold a hearing to consider them, unless the authority, the applicant and

each person who has made such representations agree that a hearing is

unnecessary,

           (b)           determine whether, on the basis of those representations and the

provisional statement application, it would consider it necessary to

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take any steps under section 18(3)(b) if, on the work being satisfactorily

completed, it had to decide whether to grant a premises licence in the

form described in the provisional statement application, and

           (c)           issue the applicant with a statement which—

                  (i)                 gives details of that determination, and

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                  (ii)                states the authority’s reasons for its decision as to the steps (if

any) that it would be necessary to take under section 18(3)(b).

     (4)    The licensing authority must give a copy of the provisional statement to—

           (a)           each person who made relevant representations, and

           (b)           the chief officer of police for each police area in which the premises are

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situated.

     (5)    In this section “relevant representations” means representations—

           (a)           which are about the likely effect on the licensing objectives of the grant

of a premises licence in the form described in the provisional statement

application, if the work at the premises was satisfactorily completed,

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and

           (b)           which meet the requirements of subsection (6).

     (6)    The requirements are—

           (a)           that the representations are made by an interested party or responsible

authority within the period prescribed under section 17(5)(c) by virtue

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of section 29,

           (b)           that the representations have not been withdrawn, and

           (c)           in the case of representations made by an interested party (who is not

also a responsible authority) that they are not, in the opinion of the

relevant licensing authority, frivolous or vexatious.

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Licensing Bill [HL]
Part 3 — Premises licences

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     (7)    Where the authority determines for the purposes of subsection (6)(c) that any

representations are frivolous or vexatious, it must notify the person who made

them of the reasons for its determination.

     (8)    In this section “provisional statement application” means an application made

in accordance with section 28.

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 31    Restriction on representations following provisional statement

     (1)    This section applies where a provisional statement has been issued in respect

of any premises (“the relevant premises”) and a person subsequently applies

for a premises licence in respect of—

           (a)           the relevant premises or a part of them, or

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           (b)           premises that are substantially the same as the relevant premises or a

part of them.

     (2)    Where—

           (a)           the application for the premises licence is an application for a licence in

the same form as the licence described in the application for the

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provisional statement, and

           (b)           the work described in the schedule of works accompanying the

application for that statement has been satisfactorily completed,

            representations made by a person (“the relevant person”) in respect of the

application for the premises licence are excluded representations for the

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purposes of section 18(6)(d) if subsection (3) applies.

     (3)    This subsection applies if—

           (a)           given the information provided in the application for the provisional

statement, the relevant person could have made the same, or

substantially the same, representations about that application but

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failed to do so, without reasonable excuse, and

           (b)           there has been no material change in circumstances relating either to

the relevant premises or to the area in the vicinity of those premises

since the provisional statement was made.

Duty to notify certain changes

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 32    Notification of change of name or address

     (1)    The holder of a premises licence must, as soon as is reasonably practicable,

notify the relevant licensing authority of any change in—

           (a)           his name or address,

           (b)           unless the designated premises supervisor has already notified the

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authority under subsection (4), the name or address of that supervisor.

     (2)    Subsection (1) is subject to regulations under section 54(1) (fee to accompany

application).

     (3)    A notice under subsection (1) must also be accompanied by the premises

licence (or the appropriate part of the licence) or, if that is not practicable, by a

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statement of the reasons for the failure to produce the licence (or part).

     (4)    Where the designated premises supervisor under a premises licence is not the

holder of the licence, he may notify the relevant licensing authority under this

subsection of any change in his name or address.

 

 

Licensing Bill [HL]
Part 3 — Premises licences

    19

 

     (5)    Where the designated premises supervisor gives a notice under subsection (4),

he must, as soon as is reasonably practicable, give the holder of the premises

licence a copy of that notice.

     (6)    A person commits an offence if he fails, without reasonable excuse, to comply

with this section.

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     (7)    A person guilty of an offence under subsection (6) is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

Variation of licences

 33    Application to vary premises licence

     (1)    The holder of a premises licence may apply to the relevant licensing authority

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for variation of the licence.

     (2)    Subsection (1) is subject to regulations under—

           (a)           section 53 (form etc. of applications etc.);

           (b)           section 54 (fees to accompany applications etc.).

     (3)    An application under this section must also be accompanied by the premises

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licence (or the appropriate part of that licence) or, if that is not practicable, by

a statement of the reasons for the failure to provide the licence (or part).

     (4)    This section does not apply to an application within section 36(1) (application

to vary licence to specify individual as premises supervisor).

     (5)    The duty to make regulations imposed on the Secretary of State by subsection

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(5) of section 17 (advertisement etc. of application) applies in relation to

applications under this section as it applies in relation to applications under

that section.

 34    Determination of application under section 33

     (1)    This section applies where the relevant licensing authority—

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           (a)           receives an application, made in accordance with section 33, to vary a

premises licence, and

           (b)           is satisfied that the applicant has complied with any requirement

imposed on him by virtue of subsection (5) of that section.

     (2)    Subject to subsection (3) and section 35(6), the authority must grant the

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application.

     (3)    Where relevant representations are made, the authority must—

           (a)           hold a hearing to consider them, unless the authority, the applicant and

each person who has made such representations agree that a hearing is

unnecessary, and

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           (b)           having regard to the representations, take such of the steps mentioned

in subsection (4) (if any) as it considers necessary for the promotion of

the licensing objectives.

     (4)    The steps are—

           (a)           to modify the conditions of the licence;

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           (b)           to reject the whole or part of the application;

 

 

 
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