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(3) It must also contain a record of each relevant offence and each foreign offence | |
of which the holder has been convicted, the date of each conviction and the | |
sentence imposed in respect of it. | |
(4) Subject to subsections (2) and (3), the licence must be in the prescribed form. | |
124 Theft, loss, etc. of personal licence | 5 |
(1) Where a personal licence is lost, stolen, damaged or destroyed, the holder of | |
the licence may apply to the relevant licensing authority for a copy of the | |
licence. | |
(2) Subsection (1) is subject to regulations under section 131(2) (power to prescribe | |
fee to accompany application). | 10 |
(3) Where the relevant licensing authority receives an application under this | |
section, it must issue the licence holder with a copy of the licence (certified by | |
the authority to be a true copy) if it is satisfied that— | |
(a) the licence has been lost, stolen, damaged or destroyed, and | |
(b) where it has been lost or stolen, the holder of the licence has reported | 15 |
the loss or theft to the police. | |
(4) The copy issued under this section must be a copy of the licence 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. | 20 |
Duty to notify certain changes | |
125 Duty to notify change of name or address | |
(1) The holder of a personal licence must, as soon as reasonably practicable, notify | |
the relevant licensing authority of any change in his name or address as stated | |
in the personal licence. | 25 |
(2) Subsection (1) is subject to regulations under section 131(2) (power to prescribe | |
fee to accompany notice). | |
(3) A notice under subsection (1) must also be accompanied by the personal | |
licence or, if that is not practicable, by a statement of the reasons for the failure | |
to provide the licence. | 30 |
(4) A person commits an offence if he fails, without reasonable excuse, to comply | |
with this section. | |
(5) A person guilty of an offence under subsection (4) is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | |
Conviction of licence holder for relevant offence | 35 |
126 Duty to notify court of personal licence | |
(1) Where the holder of a personal licence is charged with a relevant offence, he | |
must, no later than the time he makes his first appearance in a magistrates’ | |
court in connection with that offence— | |
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(a) produce to the court the personal licence, or | |
(b) if that is not practicable, notify the court of the existence of the personal | |
licence and the identity of the relevant licensing authority and of the | |
reasons why he cannot produce the licence. | |
(2) Subsection (3) applies where a person charged with a relevant offence is | 5 |
granted a personal licence— | |
(a) after his first appearance in a magistrates’ court in connection with that | |
offence, but | |
(b) before— | |
(i) his conviction, and sentencing for the offence, or his acquittal, | 10 |
or, | |
(ii) where an appeal is brought against his conviction, sentence or | |
acquittal, the disposal of that appeal. | |
(3) At his next appearance in court in connection with that offence, that person | |
must— | 15 |
(a) produce to the court the personal licence, or | |
(b) if that is not practicable, notify the court of the existence of the personal | |
licence and the identity of the relevant licensing authority and of the | |
reasons why he cannot produce the licence. | |
(4) Where— | 20 |
(a) a person charged with a relevant offence has produced his licence to, or | |
notified, a court under subsection (1) or (3), and | |
(b) before he is convicted of and sentenced for, or acquitted of, that offence, | |
a notifiable event occurs in respect of the licence, | |
he must, at his next appearance in court in connection with that offence, notify | 25 |
the court of that event. | |
(5) For this purpose a “notifiable event” in relation to a personal licence means any | |
of the following— | |
(a) the making or withdrawal of an application for renewal of the licence; | |
(b) the surrender of the licence under section 114; | 30 |
(c) the renewal of the licence under section 119; | |
(d) the revocation of the licence under section 122. | |
(6) A person commits an offence if he fails, without reasonable excuse, to comply | |
with this section. | |
(7) A person guilty of an offence under subsection (6) is liable on summary | 35 |
conviction to a fine not exceeding level 2 on the standard scale. | |
127 Forfeiture or suspension of licence on conviction for relevant offence | |
(1) This section applies where the holder of a personal licence is convicted of a | |
relevant offence by or before a court in England and Wales. | |
(2) The court may— | 40 |
(a) order the forfeiture of the licence, or | |
(b) order its suspension for a period not exceeding six months. | |
(3) In determining whether to make an order under subsection (2), the court may | |
take account of any previous conviction of the holder for a relevant offence. | |
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(4) Where a court makes an order under this section it may suspend the order | |
pending an appeal against it. | |
(5) Subject to subsection (4) and section 128, an order under this section takes | |
effect immediately after it is made. | |
128 Powers of appellate court to suspend order under section 127 | 5 |
(1) This section applies where— | |
(a) a person (“the offender”) is convicted of a relevant offence, and | |
(b) an order is made under section 127 in respect of that conviction (“the | |
section 127 order”). | |
(2) In this section any reference to the offender’s sentence includes a reference to | 10 |
the section 127 order and to any other order made on his conviction and, | |
accordingly, any reference to an appeal against his sentence includes a | |
reference to an appeal against any order forming part of his sentence. | |
(3) Where the offender— | |
(a) appeals to the Crown Court, or | 15 |
(b) appeals or applies for leave to appeal to the Court of Appeal, | |
against his conviction or his sentence, the Crown Court or, as the case may be, | |
the Court of Appeal may suspend the section 127 order. | |
(4) Where the offender appeals or applies for leave to appeal to the House of | |
Lords— | 20 |
(a) under section 1 of the Administration of Justice Act 1960 (c. 65) from | |
any decision of the High Court which is material to his conviction or | |
sentence, or | |
(b) under section 33 of the Criminal Appeal Act 1968 (c. 19) from any | |
decision of the Court of Appeal which is material to his conviction or | 25 |
sentence, | |
the High Court or, as the case may require, the Court of Appeal may suspend | |
the section 127 order. | |
(5) Where the offender makes an application in respect of the decision of the court | |
in question under section 111 of the Magistrates’ Courts Act 1980 (c. 43) | 30 |
(statement of case by magistrates’ court) or section 28 of the Supreme Court Act | |
1981 (c. 54) (statement of case by Crown Court) the High Court may suspend | |
the section 127 order. | |
(6) Where the offender— | |
(a) applies to the High Court for a quashing order to remove into the High | 35 |
Court any proceedings of a magistrates’ court or of the Crown Court, | |
being proceedings in or in consequence of which he was convicted or | |
his sentence was passed, or | |
(b) applies to the High Court for permission to make such an application, | |
the High Court may suspend the section 127 order. | 40 |
(7) Any power of a court under this section to suspend the section 127 order is a | |
power to do so on such terms as the court thinks fit. | |
(8) Where, by virtue of this section, a court suspends the section 127 order it must | |
send notice of the suspension to the relevant licensing authority. | |
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(9) Where the section 127 order is an order for forfeiture of the licence, an order | |
under this section to suspend that order has effect to reinstate the licence for | |
the period of the suspension. | |
129 Court’s duty to notify licensing authority of convictions | |
(1) This section applies where a person who holds a personal licence (“the relevant | 5 |
person”) is convicted, by or before a court in England and Wales, of a relevant | |
offence in a case where— | |
(a) the relevant person has given notice under section 126 (notification of | |
personal licence), or | |
(b) the court is, for any other reason, aware of the existence of that personal | 10 |
licence. | |
(2) The appropriate officer of the court must (as soon as reasonably practicable)— | |
(a) send to the relevant licensing authority a notice specifying— | |
(i) the name and address of the relevant person, | |
(ii) the nature and date of the conviction, and | 15 |
(iii) any sentence passed in respect of it, including any order made | |
under section 127, and | |
(b) send a copy of the notice to the relevant person. | |
(3) Where, on an appeal against the relevant person’s conviction for the relevant | |
offence or against the sentence imposed on him for that offence, his conviction | 20 |
is quashed or a new sentence is substituted for that sentence, the court which | |
determines the appeal must (as soon as reasonably practicable) arrange— | |
(a) for notice of the quashing of the conviction or the substituting of the | |
sentence to be sent to the relevant licensing authority, and | |
(b) for a copy of the notice to be sent to the relevant person. | 25 |
(4) Where the case is referred to the Court of Appeal under section 36 of the | |
Criminal Justice Act 1988 (c. 33) (review of lenient sentence), the court must | |
cause— | |
(a) notice of any action it takes under subsection (1) of that section to be | |
sent to the relevant licensing authority, and | 30 |
(b) a copy of the notice to be sent to the relevant person. | |
(5) For the purposes of subsection (2) “the appropriate officer” is— | |
(a) in the case of a magistrates’ court, the clerk of the court, and | |
(b) in the case of the Crown Court, the appropriate officer; | |
and section 141 of the Magistrates’ Courts Act 1980 (c. 43) (meaning of “clerk | 35 |
of a magistrates’ court”) applies in relation to this subsection as it applies in | |
relation to that section. | |
130 Licence holder’s duty to notify licensing authority of convictions | |
(1) Subsection (2) applies where the holder of a personal licence— | |
(a) is convicted of a relevant offence, in a case where section 129(1) does | 40 |
not apply, or | |
(b) is convicted of a foreign offence. | |
(2) The holder must— | |
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(a) as soon as reasonably practicable after the conviction, give the relevant | |
licensing authority a notice containing details of the nature and date of | |
the conviction, and any sentence imposed on him in respect of it, and | |
(b) as soon as reasonably practicable after the determination of any appeal | |
against the conviction or sentence, or of any reference under section 36 | 5 |
of the Criminal Justice Act 1988 (c. 33) in respect of the case, give the | |
relevant licensing authority a notice containing details of the | |
determination. | |
(3) A notice under subsection (2) must be accompanied by the personal licence or, | |
if that is not practicable, a statement of the reasons for the failure to provide the | 10 |
licence. | |
(4) A person commits an offence if he fails, without reasonable excuse, to comply | |
with this section. | |
(5) A person guilty of an offence under subsection (4) is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | 15 |
General provision | |
131 Form etc. of applications and notices under Part 6 | |
(1) In relation to any application under section 115 or notice under this Part, | |
regulations may prescribe— | |
(a) its form, | 20 |
(b) the manner in which it is to be made or given, and | |
(c) the information and documents that must accompany it. | |
(2) Regulations may also— | |
(a) require applications under section 115 or 124 or notices under section | |
125 to be accompanied by a fee, and | 25 |
(b) prescribe the amount of the fee. | |
132 Licensing authority’s duty to update licence document | |
(1) Where— | |
(a) the relevant licensing authority makes a determination under section | |
119 or 122(4), | 30 |
(b) it receives a notice under section 121(1), 125, 129 or 130, or | |
(c) an appeal against a decision under this Part is disposed of, | |
in relation to a personal licence, the authority must make the appropriate | |
amendments (if any) to the licence. | |
(2) Where, under section 129, notice is given of the making of an order under | 35 |
section 127, the relevant licensing authority must make an endorsement on the | |
licence stating the terms of the order. | |
(3) Where, under section 129, notice is given of the quashing of such an order, any | |
endorsement previously made under subsection (2) in respect of it must be | |
cancelled. | 40 |
(4) Where a licensing authority is not in possession of a personal licence, it may, | |
for the purposes of discharging its obligations under this section, require the | |
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holder of the licence to produce it to the authority within 14 days beginning | |
with the day on which he is notified of the requirement. | |
(5) A person commits an offence if he fails, without reasonable excuse, to comply | |
with a requirement under subsection (4). | |
(6) A person guilty of an offence under subsection (5) is liable on summary | 5 |
conviction to a fine not exceeding level 2 on the standard scale. | |
Production of licence | |
133 Licence holder’s duty to produce licence | |
(1) This section applies where the holder of a personal licence is on premises to | |
make or authorise the supply of alcohol, and such supplies— | 10 |
(a) are authorised by a premises licence in respect of those premises, or | |
(b) are a permitted temporary activity on the premises by virtue of a | |
temporary event notice given under Part 5 in respect of which he is the | |
premises user. | |
(2) Any constable or authorised officer may require the holder of the personal | 15 |
licence to produce that licence for examination. | |
(3) An authorised officer exercising the power conferred by subsection (2) must, if | |
so requested, produce evidence of his authority to exercise the power. | |
(4) A person who fails, without reasonable excuse, to comply with a requirement | |
under subsection (2) is guilty of an offence. | 20 |
(5) A person guilty of an offence under subsection (4) is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | |
(6) In this section “authorised officer” means an officer of a licensing authority | |
authorised by the authority for the purposes of this Act. | |
Part 7 | 25 |
Offences | |
Unauthorised licensable activities | |
134 Unauthorised licensable activities | |
(1) A person commits an offence if— | |
(a) he carries on or attempts to carry on a licensable activity on or from any | 30 |
premises otherwise than under and in accordance with an | |
authorisation, or | |
(b) he knowingly allows a licensable activity to be so carried on. | |
(2) Where the licensable activity in question is the provision of regulated | |
entertainment, a person does not commit an offence under this section if his | 35 |
only involvement in the provision of the entertainment is that he— | |
(a) performs in a play, | |
(b) participates as a sportsman in an indoor sporting event, | |
(c) boxes or wrestles in a boxing or wrestling entertainment, | |
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(d) performs live music, | |
(e) plays recorded music, | |
(f) performs dance, or | |
(g) does something coming within paragraph 2(1)(h) of Schedule 1 | |
(entertainment similar to music, dance, etc.). | 5 |
(3) Subsection (2) is to be construed in accordance with Part 3 of Schedule 1. | |
(4) A person guilty of an offence under this section is liable on summary | |
conviction to imprisonment for a term not exceeding six months or to a fine not | |
exceeding £20,000, or to both. | |
(5) In this Part “authorisation” means— | 10 |
(a) a premises licence, | |
(b) a club premises certificate, or | |
(c) a temporary event notice in respect of which the conditions of section | |
96(2) to (4) are satisfied. | |
135 Exposing alcohol for unauthorised sale | 15 |
(1) A person commits an offence if, on any premises, he exposes for sale by retail | |
any alcohol in circumstances where the sale by retail of that alcohol on those | |
premises would be an unauthorised licensable activity. | |
(2) For that purpose a licensable activity is unauthorised unless it is under and in | |
accordance with an authorisation. | 20 |
(3) A person guilty of an offence under this section is liable on summary | |
conviction to imprisonment for a term not exceeding six months or to a fine not | |
exceeding £20,000, or to both. | |
(4) The court by which a person is convicted of an offence under this section may | |
order the alcohol in question, and any container for it, to be forfeited and either | 25 |
destroyed or dealt with in such other manner as the court may order. | |
136 Keeping alcohol on premises for unauthorised sale | |
(1) A person commits an offence if he has in his possession or under his control | |
alcohol which he intends to sell by retail or supply in circumstances where that | |
activity would be an unauthorised licensable activity. | 30 |
(2) For that purpose a licensable activity is unauthorised unless it is under and in | |
accordance with an authorisation. | |
(3) In subsection (1) the reference to the supply of alcohol is a reference to the | |
supply of alcohol by or on behalf of a club to, or to the order of, a member of | |
the club. | 35 |
(4) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 2 on the standard scale. | |
(5) The court by which a person is convicted of an offence under this section may | |
order the alcohol in question, and any container for it, to be forfeited and either | |
destroyed or dealt with in such other manner as the court may order. | 40 |
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