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Licensing Bill [HL]


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

    140

 

              (b)             in paragraph (e) for “included in a film exhibition as defined in the

Cinemas Act 1985” substitute “included in an exhibition of a film,

within the meaning of paragraph 14 of Schedule 1 to the Licensing

Act 2003, in England and Wales, or a film exhibition, as defined in the

Cinemas Act 1985, in Scotland”.

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New Towns Act 1981 (c. 64)

  80       In section 18 of the New Towns Act 1981 (disposal by development

corporation of land to occupiers of it before acquisition by corporation), in

subsection (3) for the words “intoxicating liquor (“intoxicating liquor”

having the meaning given in section 201(1) of the Licensing Act 1964)”

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substitute “alcohol (within the meaning of section 186 of the Licensing Act

2003)”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

  81       The Local Government (Miscellaneous Provisions) Act 1982 is amended as

follows.

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  82       The following provisions cease to have effect—

              (a)             section 1 (licensing of public entertainment outside Greater London),

              (b)             sections 4 to 6 (controls on take-away food shops),

              (c)             Schedule 1 (licensing of public entertainment outside Greater

London).

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  83       In section 10(11) (requirement that apparatus to be installed should be

provided with cut-off switch disapplied in relation to cinemas) for the words

“premises in respect of which a licence under section 1 of the Cinemas Act

1985 is for the time being in force” substitute “premises in respect of which

a premises licence under the Licensing Act 2003 has effect authorising the

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use of the premises for an exhibition of a film, within the meaning of

paragraph 14 of Schedule 1 to that Act”.

  84      (1)      Schedule 3 (control of sex establishments) is amended as follows.

          (2)      In paragraph 3(2) (premises not to be treated as a sex cinema merely because

the exhibition of a film there must be authorised by a licence, etc.)—

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              (a)             for paragraph (a) substitute—

                             “(a)                               if they may be used for an exhibition of a film

(within the meaning of paragraph 14 of Schedule 1

to the Licensing Act 2003) by virtue of an

authorisation (within the meaning of section 134 of

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that Act), of their use in accordance with that

authorisation”, and

              (b)             in paragraph (b), for “that Act” substitute “the Cinemas Act 1985”.

          (3)      In paragraph 3A (exemption for theatres and cinemas from provisions about

sex encounter establishments) for paragraphs (i) and (ii) of the proviso

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substitute—

                      “(i)                        for the time being, being used for the provision of

regulated entertainment (within the meaning of the

Licensing Act 2003), in circumstances where that use is

authorised under that Act; or

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

    141

 

                      (ii)                        for the time being, being used for the purposes of late night

refreshment (within the meaning of that Act), in

circumstances where that use is so authorised; or”.

Representation of the People Act 1983 (c. 2)

  85       The Representation of the People Act 1983 is amended as follows.

5

  86       In section 185 (interpretation of Part relating to legal proceedings), for the

definition of “Licensing Acts” substitute—

                    ““Licensing Acts” means the Licensing (Scotland) Act 1976 and the

Licensing (Northern Ireland) Order 1996 (as that Act or Order may

from time to time have effect);”.

10

  87       In Schedule 7 (transitional and saving provision), omit paragraph 4.

Video Recordings Act 1984 (c. 39)

  88       In section 3(7) of the Video Recordings Act 1984 (exempted supply of video

recording)—

              (a)             before paragraph (a) insert—

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                           “(za)                             premises in England and Wales which, by virtue of an

authorisation within the meaning of section 134 of the

Licensing Act 2003, may be used for the exhibition of

a film within the meaning of paragraph 14 of

Schedule 1 to that Act,”, and

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              (b)             in paragraphs (a) and (c) after “premises”, and in paragraph (b) after

the first “premises”, insert “in Scotland”.

Building Act 1984 (c. 55)

  89       The Building Act 1984 is amended as follows.

  90       In section 24(4) (provision of exits in buildings) for paragraph (c)

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substitute—

                    “(c)                      premises in respect of which a club premises certificate has

effect under the Licensing Act 2003,”.

  91       In section 74(2) (exemption for certain premises from requirement for local

authority’s consent for cellars and rooms below subsoil water level), omit

30

paragraph (a) and the word “or” immediately following it.

Police and Criminal Evidence Act 1984 (c. 60)

  92       In Schedule 1A to the Police and Criminal Evidence Act 1984 (arrestable

offences) at the end there is inserted—

“Licensing Act 2003

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          26.                  An offence under section 141(1) of the Licensing Act 2003 (failure

to leave licensed premises, etc.).”

 

 

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

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Greater London Council (General Powers) Act 1984 (c. xxvii)

  93       In section 15(1) of the Greater London Council (General Powers) Act 1984

(exceptions to power of Council to refuse to register sleeping

accommodation), at the end insert—

                           “(v)                             a building—

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                                 (a)                                in respect of which there is in force

immediately before the appointed day a

premises licence under the Licensing Act 2003

authorising the supply of alcohol (within the

meaning of section 14 of that Act) for

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consumption on the premises, and

                                 (b)                                the use of which for a specified purpose

would not contravene the Town and Country

Planning Act 1990.”

Cinemas Act 1985 (c. 13)

15

  94       The Cinemas Act 1985 ceases to have effect in England and Wales.

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

  95       The Sporting Events (Control of Alcohol etc.) Act 1985 is amended as

follows.

  96       In the following provisions, for “intoxicating liquor” substitute “alcohol”—

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              (a)             section 1(2) and (3) (alcohol on coaches and trains),

              (b)             section 1A(2) and (3) (alcohol on certain other vehicles),

              (c)             section 2(1) (alcohol at sports grounds).

  97       Omit section 2(1A) (application to private rooms of offence of having alcohol

at designated sporting event).

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  98       The following provisions cease to have effect—

              (a)             sections 3 and 4 (order about licensing hours in sports grounds),

              (b)             section 5 (appeal against such an order),

              (c)             section 5A (restricted periods in relation to possession of alcohol in

private rooms at sports grounds),

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              (d)             section 5B (occasional licences at sports grounds),

              (e)             section 5C (supply of alcohol by clubs at sports grounds),

              (f)             section 5D (non-retail sales of alcohol during sporting event),

              (g)             section 6 (closure of bar during sporting event),

              (h)             the Schedule (procedure for obtaining order about licensing hours in

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sports grounds).

  99       In section 8 (offences)—

              (a)             in paragraph (b), for “, 2A(1), 3(10), 5B(2), 5C(3), 5D(2) or 6(2)”

substitute “or 2A(1)”, and

              (b)             omit paragraphs (d) and (e).

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  100      In section 9 (interpretation)—

              (a)             omit subsection (5), and

 

 

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

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              (b)             for subsection (7) substitute—

                    “(7)                      An expression used in this Act and in the Licensing Act 2003

has the same meaning in this Act as in that Act.”

Housing Act 1985 (c. 68)

  101      The Housing Act 1985 is amended as follows.

5

  102      In section 11 (provision of board facilities by local housing authority)—

              (a)             for subsection (3) substitute—

                    “(3)                      Where a premises licence under Part 3 of the Licensing Act

2003 authorises the sale by retail of alcohol in connection with

the provision of facilities of the kind mentioned in subsection

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(1)(a), then, notwithstanding the terms of that licence, it does

not have effect so as to authorise the sale by retail of alcohol

for consumption otherwise than with a meal.”,

              (b)             in subsection (4) after “the sale of intoxicating liquor” insert “or the

sale by retail of alcohol”, and

15

              (c)             after that subsection insert—

                    “(5)                      An expression used in this section and in the Licensing Act

2003 has the same meaning in this section as in that Act.”

  103      In Schedule 1 (tenancies which are not secure tenancies), in paragraph 9, for

“premises licensed for the sale of intoxicating liquor” substitute “premises

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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)”.

Sex Discrimination Act 1986 (c. 59)

  104      Section 5 of the Sex Discrimination Act 1986 (discrimination required by

public entertainment licence) ceases to have effect.

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Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

  105      After section 33(2) of the Fire Safety and Safety of Places of Sport Act 1987

(requirements of safety certificate to take precedence over conflicting

conditions imposed in licence, etc.) insert—

              “(2A)                For the purposes of subsection (2)—

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                    (a)                   “the licensing of premises” includes the granting of a

premises licence or club premises certificate under the

Licensing Act 2003, and

                    (b)                   “licence” is to be construed accordingly.”

Norfolk and Suffolk Broads Act 1988 (c. 4)

35

  106      In paragraph 40(1) of Schedule 3 to the Norfolk and Suffolk Broads Act 1988

(provision of facilities by Broads Authority), in paragraph (b) for

“intoxicating liquor” substitute “alcohol (within the meaning of the

Licensing Act 2003)”.

 

 

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

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Housing Act 1988 (c. 50)

  107      In Schedule 1 of the Housing Act 1988 (tenancies which cannot be assured

tenancies), in paragraph 5, 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

5

meaning of section 14 of that Act)”.

Town and Country Planning Act 1990 (c. 8)

  108      Section 334 of the Town and Country Planning Act 1990 (licensing planning

areas) ceases to have effect.

Sunday Trading Act 1994 (c. 20)

10

  109     (1)      Schedule 1 to the Sunday Trading Act 1994 (restrictions on Sunday opening

of large shops) is amended as follows.

          (2)      In paragraph 1—

              (a)             for the definition of “intoxicating liquor” substitute—

                                                  ““alcohol” has the same meaning as in the Licensing

15

Act 2003,”, and

              (b)             in paragraph (a) of the definition of “sale of goods”, for “intoxicating

liquor” substitute “alcohol”.

          (3)      In paragraph 3(1)(b) for “intoxicating liquor” substitute “alcohol”.

Criminal Justice and Public Order Act 1994 (c. 33)

20

  110      In section 63 of the Criminal Justice and Public Order Act 1994 (power to

remove persons attending raves, etc.), for subsection (9)(a) substitute—

                    “(a)                      in England and Wales, to a gathering in relation to a

licensable activity within section 1(1)(c) of the Licensing Act

2003 (provision of certain forms of entertainment) carried on

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under and in accordance with an authorisation within the

meaning of section 134 of that Act;”.

Deregulation and Contracting Out Act 1994 (c. 40)

  111      Section 21 of the Deregulation and Contracting Out Act 1994 (Sunday

Observance Act 1780 not to apply to sporting events) ceases to have effect.

30

London Local Authorities Act 1995 (c. x)

  112      In section 14 of the London Local Authorities Act 1995 (interpretation of Part

relating to near beer premises), in the definition of “near beer premises”—

              (a)             for the words “intoxicating liquor is provided exemption or saving

from the provisions of the Act of 1964 by virtue of section 199 of that

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Act” substitute “alcohol is not a licensable activity under or by virtue

of section 170 of the Licensing Act 2003”,

              (b)             for paragraph (A) substitute—

                           “(A)                             a premises licence under Part 3 of that Act which

authorises the supply of alcohol (within the meaning

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

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of section 14 of that Act) for consumption on the

premises;”,

              (c)             in paragraph (B)—

                    (i)                   omit “Schedule 12 to the London Government Act 1963,” and

“or the Private Places of Entertainment (Licensing) Act 1967”,

5

and

                    (ii)                  at the end insert “or a premises licence granted under Part 3

of the Licensing Act 2003 which authorises the provision of

any form of regulated entertainment (within the meaning of

Schedule 1 to that Act)”,

10

              (d)             omit paragraphs (C) to (E),

              (e)             for paragraphs (F) and (G) substitute—

                           “(F)                             a temporary event notice under the Licensing Act

2003, by virtue of which the premises may be used for

the supply of alcohol (within the meaning of section

15

14 of that Act);”,

              (f)             for the words from “during the hours” to “licence:” substitute

“during the hours permitted by such licence or notice:”, and

              (g)             for “such licence; and” substitute “such licence or notice; and”.

Employment Rights Act 1996 (c. 18)

20

  113      In section 232(7) of the Employment Rights Act 1996 (definition of “catering

business”)—

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

              (b)             for the words ““intoxicating liquor” has the same meaning as in the

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

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the Licensing Act 2003”.

Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

  114     (1)      Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997

(confiscation of alcohol) is amended as follows.

          (2)      In subsection (1)—

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              (a)             for “intoxicating liquor”, in each place it occurs, substitute “alcohol”,

              (b)             in paragraph (b) for “liquor” substitute “alcohol”, and

              (c)             for “such liquor” substitute “alcohol”.

          (3)      For subsection (7) substitute—

              “(7)                In this section—

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                                      “alcohol”—

                           (a)                          in relation to England and Wales, has the same

meaning as in the Licensing Act 2003;

                           (b)                          in relation to Northern Ireland, has the same meaning

as “intoxicating liquor” in the Licensing (Northern

40

Ireland) Order 1996; and

                                      “licensed premises”—

                           (a)                          in relation to England and Wales, means premises

which may by virtue of Part 3 or Part 5 of the

Licensing Act 2003 (premises licence; permitted

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

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temporary activity) be used for the supply of alcohol

within the meaning of section 14 of that Act;

                           (b)                          in relation to Northern Ireland, has the same meaning

as in the Licensing (Northern Ireland) Order 1996.”

Police Act 1997 (c. 50)

5

  115      In section 115(5) of the Police Act 1997 (enhanced criminal record

certificates), after paragraph (d) insert—

                    “(da)                      a personal licence under the Licensing Act 2003;”.

London Local Authorities Act 2000 (c. vii)

  116      In section 32 of the London Local Authorities Act 2000 (interpretation of

10

provisions about the licensing of buskers), in the definition of “busking”, for

paragraph (b) substitute—

                 “(b)                        under and in accordance with a premises licence under

Part 3 of the Licensing Act 2003, or a temporary event

notice having effect under Part 5 of that Act, which

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authorises the provision of regulated entertainment

(within the meaning of paragraph 2(1)(e) to (h) or 3(2) of

Schedule 1 to that Act (music and dancing));”.

Private Security Industry Act 2001 (c. 12)

  117     (1)      Paragraph 8 of Schedule 2 to the Private Security Industry Act 2001 (door

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supervisors etc. for licensed premises) is amended as follows.

          (2)      In sub-paragraph (2), for paragraphs (a) to (d) substitute—

                             “(a)                               any premises in respect of which a premises licence

or temporary event notice has effect under the

Licensing Act 2003 to authorise the supply of

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alcohol (within the meaning of section 14 of that

Act) for consumption on the premises;

                             (b)                               any premises in respect of which a premises licence

or temporary event notice has effect under that Act

to authorise the provision of regulated

30

entertainment;”.

          (3)      For sub-paragraph (3) substitute—

                           “(3)                  For the purposes of this paragraph, premises are not licensed

premises—

                      (a)                        if there is in force in respect of the premises a premises

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licence which authorises regulated entertainment within

paragraph 2(1)(a) or (b) of Schedule 1 to the Licensing Act

2003 (plays and films);

                      (b)                        in relation to any occasion on which the premises are being

used—

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                             (i)                            exclusively for the purposes of a club which holds

a club premises certificate in respect of the

premises, or

                             (ii)                           for regulated entertainment of the kind mentioned

in paragraph (a), in circumstances where that use is

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