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Licensing Bill [HL]


Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    133

 

Finance Act 1967 (c. 54)

  37       In section 5 of the Finance Act 1967 (no requirement for excise licence)—

              (a)             in subsection (1), omit paragraph (c), and

              (b)             in subsection (3), omit the words “which is registered within the

meaning of the Licensing Act 1964 or”.

5

Criminal Appeal Act 1968 (c. 19)

  38       The Criminal Appeal Act 1968 is amended as follows.

  39       In section 10 (appeal against sentence to Crown Court), at the end of

subsection (3)(c) add—

                                 “(viii)                                   an order under section 127 of the Licensing

10

Act 2003 (forfeiture or suspension of personal

licence), or”.

  40       In section 31 (powers of Court of Appeal under Part 1 exercisable by single

judge), after subsection (2B) insert—

              “(2C)                The power of the Court of Appeal, under section 128 of the Licensing

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Act 2003, to suspend an order under section 127 of that Act may be

exercised by a single judge in the same manner as it may be exercised

by the Court.”.

  41       In section 44 (powers of Court of Appeal under Part 2 exercisable by single

judge), after subsection (2) insert—

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              “(3)                The power of the Court of Appeal, under section 128 of the Licensing

Act 2003, to suspend an order under section 127 of that Act may be

exercised by a single judge, but where the judge refuses an

application to exercise that power the applicant shall be entitled to

have the application determined by the Court of Appeal.”

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  42       In section 50 (meaning of “sentence”), at the end of subsection (1) insert “;

and

                    (i)                      an order under section 127(2) of the Licensing Act 2003

(forfeiture or suspension of personal licence).”

Theatres Act 1968 (c. 54)

30

  43       The Theatres Act 1968 is amended as follows.

  44       The following provisions cease to have effect in England and Wales—

              (a)             section 1(2) (local authority may not impose conditions on nature of

plays),

              (b)             sections 12 to 14 (licensing of premises for public performance of

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plays),

              (c)             Schedule 1 (provision about licences to perform plays).

  45       In section 15 (warrant to enter theatre where offence suspected)—

              (a)             in subsection (1)—

                    (i)                   paragraph (b) and the word “or” immediately preceding it,

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and

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    134

 

                    (ii)                  the words “or, in a case falling within paragraph (b) above,

any police officer or authorised officer of the licensing

authority”,

                              cease to have effect in England and Wales,

              (b)             subsections (2) to (5) cease to have effect in England and Wales, and

5

              (c)             subsection (6) is omitted.

  46       Section 17 (existing letters patent) ceases to have effect.

  47       In section 18(1) (interpretation), in the definition of “licensing authority”,

omit paragraphs (a), (b) and (bb).

Gaming Act 1968 (c. 65)

10

  48       The Gaming Act 1968 is amended as follows.

  49      (1)      Section 6 (playing games on premises used for sale of alcohol) is amended as

follows.

          (2)      For subsection (2) substitute—

              “(2)                This section applies to any premises in England and Wales in respect

15

of which there is in force a premises licence authorising the supply of

alcohol for consumption on the premises.

              (2A)                This section also applies to any premises in Scotland in respect of

which a hotel licence or public house licence under the Licensing

(Scotland) Act 1976 is in force.”

20

          (3)      In subsection (3)—

              (a)             for paragraph (a) substitute—

                           “(a)                             of the holder of the licence which has effect in respect

of any premises to which this section applies,”, and

              (b)             for “the licensing justices for the licensing district, or, in Scotland, the

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licensing board for the licensing area, in which the premises are

situated” substitute “the relevant licensing authority, or, in Scotland,

the licensing board for the licensing area in which the premises are

situated,”.

          (4)      In subsection (4)—

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              (a)             for “the licensing justices for the licensing district, or, in Scotland, the

licensing board for the licensing area, in which the premises are

situated” substitute “the relevant licensing authority, or, in Scotland,

the licensing board for the licensing area in which the premises are

situated,”, and

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              (b)             for “the justices” substitute “the authority”.

          (5)      In subsection (5), for “licensing justices or a licensing board, the justices or

board” substitute “a licensing authority or a licensing board, the authority or

board”.

          (6)      In subsection (6) —

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              (a)             for “the licensing justices or” substitute “the relevant licensing

authority or the”,

              (b)             for paragraph (a) substitute—

                           “(a)                             to the holder of the licence,”, and

              (c)             for “the police area” substitute “each police area”.

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Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    135

 

          (7)      After subsection (7) insert—

              “(7A)                A function conferred by this section on a licensing authority is, for

the purposes of section 7 of the Licensing Act 2003 (exercise and

delegation by licensing authority of licensing functions), to be

treated as a licensing function within the meaning of that Act.”

5

          (8)      For subsection (8) substitute—

              “(8)                In this section—

                                      “licensing area” has the same meaning as in the Licensing

(Scotland) Act 1976,

                                      “licensing authority” and “premises licence” have the same

10

meaning as in the Licensing Act 2003,

                                      “relevant licensing authority”, in relation to premises in respect

of which a premises licence has effect, means the authority

determined in relation to those premises in accordance with

section 12 of that Act, and

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                                      “supply of alcohol” has the meaning given in section 14 of that

Act.”

  50       For section 7(2) (offence to allow child to take part in gaming on licensed

premises) substitute—

              “(2)                Neither the holder of the licence which has effect in respect of

20

premises to which section 6 applies, nor anybody employed by him,

may knowingly allow a person under 18 to take part on those

premises in gaming to which this Part applies.”

  51       For section 8(7) (penalty for contravention of section 7(2)) substitute—

              “(7)                Any person who contravenes section 7(2) is guilty of an offence

25

and—

                    (a)                   where the offence is committed in England and Wales, the

person is liable on summary conviction to a fine not

exceeding level 5 on the standard scale, and

                    (b)                   where the offence is committed in Scotland, the provisions of

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Schedule 5 to the Licensing (Scotland) Act 1976 are to have

effect as they have effect in relation to a contravention of

section 68(1) of that Act.”

  52      (1)      Schedule 9 (permits in respect of amusement machine premises) is amended

as follows.

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          (2)      In paragraph 1 (interpretation), for paragraph (a) substitute—

                      “(a)                        in relation to any premises in England and Wales in respect

of which there is in force a premises licence authorising the

supply of alcohol for consumption on the premises, means

the relevant licensing authority in relation to those

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premises;”.

          (3)      After that paragraph, insert—

          “1A                  A function conferred by this Schedule on a licensing authority is,

for the purposes of section 7 of the Licensing Act 2003 (exercise

and delegation by licensing authority of licensing functions), to be

45

treated as a licensing function within the meaning of that Act.”

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    136

 

          (4)      In paragraph 10A (condition in case of licensed premises, etc. that

amusement machine must be located in a bar), in sub-paragraph (2)(a), for

“has the same meaning as in the Licensing Act 1964” substitute “means any

place which, by virtue of a premises licence, may be used for the supply of

alcohol and which is exclusively or mainly used for the supply and

5

consumption of alcohol”.

          (5)      In paragraph 11—

              (a)             in sub-paragraphs (2) and (3) (appeals), for “proper officer of”

substitute “clerk to”, and

              (b)             omit sub-paragraph (5).

10

          (6)      Omit paragraph 14 (payment of indemnity out of central funds).

          (7)      In paragraph 21 (fees), for “proper officer” substitute “clerk”.

          (8)      For paragraph 23 (interpretation of expressions relating to licensing)

substitute—

          “23                  In this Schedule—

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                                     “alcohol”, “licensing authority” and “premises licence” have

the same meaning as in the Licensing Act 2003;

                                     “hotel licence” and “public house licence” have the same

meaning as in Schedule 1 to the Licensing (Scotland) Act

1976;

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                                     “relevant licensing authority”, in relation to premises in

respect of which a premises licence is in force, means the

authority determined in relation to those premises in

accordance with section 12 of the Licensing Act 2003; and

                                     “supply of alcohol” is to be construed in accordance with

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section 14 of that Act.”

          (9)      Omit paragraph 24 (proper officer of an appropriate authority).

City of London (Various Powers) Act 1968 (c. xxxvii)

  53       For section 5(3) of the City of London (Various Powers) Act 1968

(entitlement of Corporation of London to apply for and hold licence to sell

30

alcohol in arrangements for catering facilities) substitute—

              “(3)                The Corporation of London or any person appointed by them in that

behalf may, subject to section 16 of the Licensing Act 2003, for the

purposes of this section apply for and hold a premises licence under

that Act for the sale by retail of alcohol within the meaning of that

35

Act.”

Finance Act 1970 (c. 24)

  54       In section 6(2)(b) of the Finance Act 1970 (Angostura bitters)—

              (a)             omit the words “, the Licensing Act 1964”, and

              (b)             for “either of those Acts” substitute “that Act”.

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Sunday Theatre Act 1972 (c. 26)

  55       The Sunday Theatre Act 1972 ceases to have effect.

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    137

 

Local Government Act 1972 (c. 70)

  56       The Local Government Act 1972 is amended as follows.

  57       In section 78(1) (supplementary provision relating to changes in local

government areas), omit the definition of “public body”.

  58       In section 101 (arrangements for discharge of functions by local authorities),

5

after subsection (14) insert—

              “(15)                Nothing in this section applies in relation to any function under the

Licensing Act 2003 of a licensing authority (within the meaning of

that Act).”

  59       In section 145(4) (provision of entertainment), for “intoxicating liquor”

10

substitute “alcohol”.

  60       Section 204 (licensed premises) ceases to have effect.

  61      (1)      Schedule 12 (meetings and proceedings of local authorities) is amended as

follows.

          (2)      In the following provisions, for “premises licensed for the sale of

15

intoxicating liquor” substitute “premises which at the time of such a meeting

may, by virtue of a premises licence or temporary event notice under the

Licensing Act 2003, be used for the supply of alcohol (within the meaning of

section 14 of that Act)”—

              (a)             paragraph 10(1) (location of parish council meetings),

20

              (b)             paragraph 26(1) (location of community council meetings).

          (3)      In the following provisions, for “premises licensed for the sale of

intoxicating liquor” substitute “premises which at the time of the meeting

may, by virtue of a premises licence or temporary event notice under the

Licensing Act 2003, be used for the supply of alcohol (within the meaning of

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section 14 of that Act)”—

              (a)             paragraph 14(5) (location of parish meetings),

              (b)             paragraph 32(2) (location of community meetings).

Lotteries and Amusements Act 1976 (c. 32)

  62       Schedule 3 to the Lotteries and Amusements Act 1976 (provision about

30

permits for commercial provision of amusements with prizes) is amended as

follows.

  63      (1)      Paragraph 1 (interpretation) is amended as follows.

          (2)      In sub-paragraph (1), for paragraph (a) substitute—

                      “(a)                        in relation to any premises in England and Wales in respect

35

of which there is in force a premises licence authorising the

supply of alcohol for consumption on the premises, the

relevant licensing authority in relation to those premises;”.

          (3)      In sub-paragraph (2)—

              (a)             for the definition of “justices’ on-licence”, “licensing district” and

40

“Part IV licence” substitute—

                                      ““alcohol”, “licensing authority” and “premises licence” have

the same meaning as in the Licensing Act 2003,”,

              (b)             omit the definition of “the proper officer of the authority”, and

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    138

 

              (c)             at the appropriate place, insert—

                                      ““relevant licensing authority”, in relation to premises in

respect of which a premises licence is in force, means the

licensing authority in relation to those premises

determined in accordance with section 12 of the Licensing

5

Act 2003;”, and

                                      ““supply of alcohol” has the same meaning as in section 14 of

the Licensing Act 2003;”.

          (4)      After that sub-paragraph insert—

                           “(3)                  A function conferred by this Schedule on a licensing authority is,

10

for the purposes of section 7 of the Licensing Act 2003 (exercise

and delegation by licensing authority of licensing functions), to be

treated as a licensing function within the meaning of that Act.”

  64       In paragraph 8 (appeals)—

              (a)             in sub-paragraphs (2) and (3), for “proper officer of” substitute “clerk

15

to”, and

              (b)             omit sub-paragraph (4).

  65       Omit paragraph 11 (payment of indemnity from central funds).

  66       In paragraph 18 (fees), for “proper officer” substitute “clerk”.

Rent Act 1977 (c. 42)

20

  67       In section 11 of the Rent Act 1977 (tenancy of licensed premises not to be

protected or statutory tenancy), for “premises licensed for the sale of

intoxicating liquors” substitute “premises which, by virtue of a premises

licence under the Licensing Act 2003, may be used for the supply of alcohol

(within the meaning of section 14 of that Act)”.

25

Greater London Council (General Powers) Act 1978 (c. xiii)

  68       The Greater London Council (General Powers) Act 1978 is amended as

follows.

  69       Section 3 (human posing to be treated as entertainment) ceases to have

effect.

30

  70       In section 5(4)(a) (definition of “booking office”)—

              (a)             omit sub-paragraph (ii) and the word “or” immediately preceding it,

and

              (b)             for “sub-paragraphs (i) and (ii)” substitute “sub-paragraph (i)”.

Alcoholic Liquor Duties Act 1979 (c. 4)

35

  71       The Alcoholic Liquor Duties Act 1979 is amended as follows.

  72       In section 4 (interpretation)—

              (a)             in the definition of “justices’ licence” and “justices’ on-licence”, omit

paragraph (a), and

              (b)             in the definition of “registered club”, omit “which is for the time

40

being registered within the meaning of the Licensing Act 1964 or”.

 

 

Licensing Bill [HL]
Schedule 6 — Minor and consequential amendments

    139

 

  73       In section 71 (exception to penalty for misdescribing alcohol as spirits)—

              (a)             after subsection (4) insert—

                    “(4A)                      Nothing in this section as it applies to England and Wales

shall apply to any alcohol (within the meaning of the

Licensing Act 2003) which is prepared on any premises

5

which may be lawfully used for the supply of alcohol (within

the meaning of section 14 of that Act) for immediate

consumption there.”

              (b)             in subsection (5)—

                    (i)                   omit “England and Wales or”,

10

                    (ii)                  omit paragraph (c), and

                    (iii)                 for “, in that club or on board that aircraft, vessel or vehicle,”

substitute “or in that club”.

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

  74       In section 4(1) of the Licensed Premises (Exclusion of Certain Persons) Act

15

1980 (interpretation), in the definition of “licensed premises” for the words

“a justices’ on-licence (within the meaning of section 1 of the Licensing Act

1964)” substitute “a premises licence under the Licensing Act 2003

authorising the supply of alcohol (within the meaning of section 14 of that

Act) for consumption on the premises”.

20

Magistrates’ Courts Act 1980 (c. 43)

  75       In Part 3 of Schedule 6 to the Magistrates’ Courts Act 1980 (matters to which

provision relating to fees taken by clerks to justices does not apply),

paragraphs 3 and 5 are omitted.

Local Government, Planning and Land Act 1980 (c. 65)

25

  76       The Local Government, Planning and Land Act 1980 is amended as follows.

  77       Sections 131 to 133 (licensing in new towns) cease to have effect.

  78       In section 146 (disposal of land by urban development corporation)—

              (a)             in subsection (3), for “intoxicating liquor” substitute “alcohol”, and

              (b)             in subsection (6), for ““intoxicating liquor” has the meaning assigned

30

by section 201 of the Licensing Act 1964” substitute ““alcohol” has

the meaning given by section 186 of the Licensing Act 2003”.

Indecent Displays (Control) Act 1981 (c. 42)

  79       In section 1(4) of the Indecent Displays (Control) Act 1981 (exemptions from

offence of displaying indecent matter)—

35

              (a)             for paragraph (d) substitute—

                           “(d)                             included in a performance of a play (within the

meaning of paragraph 13(1) of Schedule 1 to the

Licensing Act 2003) in England and Wales or of a play

(within the meaning of the Theatres Act 1968) in

40

Scotland;”, and

 

 

 
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