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(5) Subsection (2) does not apply if, before the relevant magistrates’ court | |
discharges its functions under that subsection, the premises cease to be | |
relevant premises. | |
(6) Any order made under subsection (2) ceases to have effect if the premises cease | |
to be relevant premises. | 5 |
(7) A person commits an offence if, without reasonable excuse, he permits relevant | |
premises to be open in contravention of an order under subsection (2)(b), (c) or | |
(d). | |
(8) A person guilty of an offence under subsection (7) is liable on summary | |
conviction to imprisonment for a term not exceeding three months or to a fine | 10 |
not exceeding £20,000, or to both. | |
(9) The powers conferred on a magistrates’ court by this section are to be exercised | |
in the place required by the Magistrates’ Courts Act 1980 (c. 43) for the hearing | |
of a complaint and may be exercised by a single justice. | |
(10) Evidence given for the purposes of proceedings under this section must be | 15 |
given on oath. | |
163 Appeal from decision of magistrates’ court | |
(1) Any person aggrieved by a decision of a magistrates’ court under section 162 | |
may appeal to the Crown Court against the decision. | |
(2) An appeal under subsection (1) must be commenced by notice of appeal given | 20 |
by the appellant to the justices’ chief executive for the magistrates’ court within | |
the period of 21 days beginning with the day the decision appealed against was | |
made. | |
164 Review of premises licence following closure order | |
(1) This section applies where— | 25 |
(a) a closure order has come into force in relation to premises in respect of | |
which a premises licence has effect, and | |
(b) the relevant licensing authority has received a notice under section | |
162(4) (notice of magistrates’ court’s determination), in relation to the | |
order and any extension of it. | 30 |
(2) The relevant licensing authority must review the premises licence. | |
(3) The authority must reach a determination on the review no later than 28 days | |
after the day on which it receives the notice mentioned in subsection (1)(b). | |
(4) The Secretary of State must by regulations— | |
(a) require the relevant licensing authority to give, to the holder of the | 35 |
premises licence and each responsible authority, notice of— | |
(i) the review, | |
(ii) the closure order and any extension of it, and | |
(iii) any order made in relation to it under section 162(2); | |
(b) require the authority to advertise the review and invite representations | 40 |
about it to be made to the authority by responsible authorities and | |
interested parties; | |
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(c) prescribe the period during which representations may be made by the | |
holder of the premises licence, any responsible authority or any | |
interested party; | |
(d) require any notice under paragraph (a) or advertisement under | |
paragraph (b) to specify that period. | 5 |
(5) The relevant licensing authority must— | |
(a) hold a hearing to consider— | |
(i) the closure order and any extension of it, | |
(ii) any order under section 162(2), and | |
(iii) any relevant representations, and | 10 |
(b) take such of the steps mentioned in subsection (6) (if any) as it considers | |
necessary for the promotion of the licensing objectives. | |
(6) Those steps are— | |
(a) to modify the conditions of the premises licence, | |
(b) to exclude a licensable activity from the scope of the licence, | 15 |
(c) to remove the designated premises supervisor from the licence, | |
(d) to suspend the licence for a period not exceeding three months, or | |
(e) to revoke the licence; | |
and for this purpose the conditions of a premises licence are modified if any of | |
them is altered or omitted or any new condition is added. | 20 |
(7) Subsection (5)(b) is subject to sections 19 and 20 (requirement to include certain | |
conditions in premises licences). | |
(8) Where the authority takes a step within subsection (6)(a) or (b), it may provide | |
that the modification or exclusion is to have effect only for a specified period | |
(not exceeding three months). | 25 |
(9) In this section “relevant representations” means representations which— | |
(a) are relevant to one or more of the licensing objectives, and | |
(b) meet the requirements of subsection (10). | |
(10) The requirements are— | |
(a) that the representations are made by the holder of the premises licence, | 30 |
a responsible authority or an interested party within the period | |
prescribed under subsection (4)(c), | |
(b) that they have not been withdrawn, and | |
(c) if they are made by an interested party (who is not also a responsible | |
authority), that they are not, in the opinion of the relevant licensing | 35 |
authority, frivolous or vexatious. | |
(11) Where the relevant licensing authority determines that any representations are | |
frivolous or vexatious, it must notify the person who made them of the reasons | |
for that determination. | |
(12) Where a licensing authority determines a review under this section it must | 40 |
notify the determination and its reasons for making it to— | |
(a) the holder of the licence, | |
(b) any person who made relevant representations, and | |
(c) the chief officer of police for the police area (or each police area) in | |
which the premises are situated. | 45 |
(13) Section 165 makes provision about when the determination takes effect. | |
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(14) In this section “interested party” and “responsible authority” have the same | |
meaning as in Part 3. | |
165 Provision about decisions under section 164 | |
(1) Subject to this section, a decision under section 164 does not have effect until | |
the relevant time. | 5 |
(2) In this section “the relevant time”, in relation to any decision, means— | |
(a) the end of the period given for appealing against the decision, or | |
(b) if the decision is appealed against, the time the appeal is disposed of. | |
(3) Subsections (4) and (5) apply where— | |
(a) the relevant licensing authority decides on a review under section 164 | 10 |
to take one or more of the steps mentioned in subsection (6)(a) to (d) of | |
that section, and | |
(b) the premises to which the licence relates have been closed, by virtue of | |
an order under section 162(2)(b), (c) or (d), until that decision was | |
made. | 15 |
(4) The decision by the relevant licensing authority to take any of the steps | |
mentioned in section 164(6)(a) to (d) takes effect when it is notified to the | |
holder of the licence under section 164(12). | |
This is subject to subsection (5) and paragraph 18(3) of Schedule 5 (power of | |
magistrates’ court to suspend decision pending appeal). | 20 |
(5) The relevant licensing authority may, on such terms as it thinks fit, suspend the | |
operation of that decision (in whole or in part) until the relevant time. | |
(6) Subsection (7) applies where— | |
(a) the relevant licensing authority decides on a review under section 164 | |
to revoke the premises licence, and | 25 |
(b) the premises to which the licence relates have been closed, by virtue of | |
an order under section 162(2)(b), (c) or (d), until that decision was | |
made. | |
(7) The premises must remain closed (but the licence otherwise in force) until the | |
relevant time. | 30 |
This is subject to paragraph 18(4) of Schedule 5 (power of magistrates’ court to | |
modify closure order pending appeal). | |
(8) A person commits an offence if, without reasonable excuse, he allows premises | |
to be open in contravention of subsection (7). | |
(9) A person guilty of an offence under subsection (8) is liable on summary | 35 |
conviction to imprisonment for a term not exceeding three months or to a fine | |
not exceeding £20,000, or to both. | |
166 Enforcement of closure order | |
A constable may use such force as may be necessary for the purposes of closing | |
premises in compliance with a closure order. | 40 |
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167 Exemption of police from liability for damages | |
(1) A constable is not liable for relevant damages in respect of any act or omission | |
of his in the performance or purported performance of his functions in relation | |
to a closure order or any extension of it. | |
(2) A chief officer of police is not liable for relevant damages in respect of any act | 5 |
or omission of a constable under his direction or control in the performance or | |
purported performance of a function of the constable’s in relation to a closure | |
order or any extension of it. | |
(3) But neither subsection (1) nor (2) applies— | |
(a) if the act or omission is shown to have been in bad faith, or | 10 |
(b) so as to prevent an award of damages in respect of an act or omission | |
on the grounds that the act or omission was unlawful as a result of | |
section 6(1) of the Human Rights Act 1998 (c. 42) (incompatibility of act | |
or omission with Convention rights). | |
(4) This section does not affect any other exemption from liability for damages | 15 |
(whether at common law or otherwise). | |
(5) In this section, “relevant damages” means damages awarded in proceedings | |
for judicial review, the tort of negligence or misfeasance in public office. | |
Interpretation | |
168 Interpretation of Part 8 | 20 |
(1) This section has effect for the purposes of this Part. | |
(2) Relevant premises are open if a person who is not within subsection (4) enters | |
the premises and— | |
(a) he buys or is otherwise supplied with food, drink or anything usually | |
sold on the premises, or | 25 |
(b) while he is on the premises, they are used for the provision of regulated | |
entertainment. | |
(3) But in determining whether relevant premises are open the following are to be | |
disregarded— | |
(a) where no premises licence has effect in respect of the premises, any use | 30 |
of the premises for activities (other than licensable activities) which do | |
not take place during an event period specified in a temporary event | |
notice having effect in respect of the premises, | |
(b) any use of the premises for a qualifying club activity under and in | |
accordance with a club premises certificate, and | 35 |
(c) any supply exempted under paragraph 3 of Schedule 2 (certain | |
supplies of hot food and drink by clubs, hotels etc. not a licensable | |
activity) in circumstances where a person will neither be admitted to | |
the premises, nor be supplied as mentioned in sub-paragraph (1)(b) of | |
that paragraph, except by virtue of being a member of a recognised club | 40 |
or a guest of such a member. | |
(4) A person is within this subsection if he is— | |
(a) an appropriate person in relation to the premises, | |
(b) a person who usually lives at the premises, or | |
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(c) a member of the family of a person within paragraph (a) or (b). | |
(5) The following expressions have the meanings given— | |
“appropriate person”, in relation to any relevant premises, means— | |
(a) any person who holds a premises licence in respect of the | |
premises, | 5 |
(b) any designated premises supervisor under such a licence, | |
(c) the premises user in relation to any temporary event notice | |
which has effect in respect of the premises, or | |
(d) a manager of the premises; | |
“closure order” has the meaning given in section 158(2); | 10 |
“extension”, in relation to a closure order, means an extension of the order | |
under section 159; | |
“manager”, in relation to any premises, means a person who works at the | |
premises in a capacity, whether paid or unpaid, which authorises him | |
to close them; | 15 |
“relevant licensing authority”, in relation to any licensed premises, has the | |
same meaning as in Part 3; | |
“relevant magistrates’ court”, in relation to any relevant premises, means | |
a magistrates’ court acting for the petty sessions area in which the | |
premises are situated; | 20 |
“relevant premises” has the meaning given in section 158(8); | |
“responsible senior police officer”, in relation to a closure order, means— | |
(a) the senior police officer who made the order, or | |
(b) if another senior police officer is designated for the purpose by | |
the chief officer of police for the police area in which the | 25 |
premises are situated, that other officer; | |
“senior police officer” has the meaning given in section 158(8). | |
(6) A temporary event notice has effect from the time it is given in accordance with | |
Part 5 until— | |
(a) the time it is withdrawn, | 30 |
(b) the time a counter notice is given under that Part, or | |
(c) the expiry of the event period specified in the temporary event notice, | |
whichever first occurs. | |
Part 9 | |
Miscellaneous and supplementary | 35 |
Special occasions | |
169 Relaxation of opening hours for special occasions | |
(1) Where the Secretary of State considers that a period (“the celebration period”) | |
marks an occasion of exceptional international, national, or local significance, | |
he may make a licensing hours order. | 40 |
(2) A licensing hours order is an order which provides that during the specified | |
relaxation period premises licences and club premises certificates have effect | |
(to the extent that it is not already the case) as if specified times were included | |
in the opening hours. | |
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(3) An order under this section may— | |
(a) make provision generally or only in relation to premises in one or more | |
specified areas; | |
(b) make different provision in respect of different days during the | |
specified relaxation period; | 5 |
(c) make different provision in respect of different licensable activities. | |
(4) Before making an order under this section, the Secretary of State must consult | |
such persons as he considers appropriate. | |
(5) In this section— | |
“opening hours” means— | 10 |
(a) in relation to a premises licence, the times during which the | |
premises may be used for licensable activities in accordance | |
with the licence, and | |
(b) in relation to a club premises certificate, the times during which | |
the premises may be used for qualifying club activities in | 15 |
accordance with the certificate; | |
“relaxation period” means— | |
(a) if the celebration period does not exceed four days, that period, | |
or | |
(b) any part of that period not exceeding four days; and | 20 |
“specified”, in relation to a licensing hours order, means specified in the | |
order. | |
Exemptions etc. | |
170 Activities in certain locations not licensable | |
(1) An activity is not a licensable activity if it is carried on— | 25 |
(a) aboard an aircraft, hovercraft or railway vehicle engaged on a journey, | |
(b) aboard a vessel engaged on an international journey, | |
(c) at an approved wharf at a designated port or hoverport, | |
(d) at an examination station at a designated airport, | |
(e) at a royal palace, | 30 |
(f) at premises in respect of which a certificate issued under section 171 | |
(exemption for national security) has effect, or | |
(g) at such other place as may be prescribed. | |
(2) For the purposes of subsection (1) the period during which an aircraft, | |
hovercraft, railway vehicle or vessel is engaged on a journey includes— | 35 |
(a) any period ending with its departure when preparations are being | |
made for the journey, and | |
(b) any period after its arrival at its destination when it continues to be | |
occupied by those (or any of those) who made the journey (or any part | |
of it). | 40 |
(3) The Secretary of State may by order designate a port, hoverport or airport for | |
the purposes of subsection (1), if it appears to him to be one at which there is a | |
substantial amount of international passenger traffic. | |
(4) Any port, airport or hoverport where section 86A or 87 of the Licensing Act | |
1964 (c. 26) is in operation immediately before the commencement of this | 45 |
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section is, on and after that commencement, to be treated for the purposes of | |
subsection (1) as if it were designated. | |
(5) But provision may by order be made for subsection (4) to cease to have effect | |
in relation to any port, airport or hoverport. | |
(6) For the purposes of this section— | 5 |
“approved wharf” has the meaning given by section 20A of the Customs | |
and Excise Management Act 1979 (c. 2); | |
“designated” means designated by an order under subsection (3); | |
“examination station” has the meaning given by section 22A of that Act; | |
“international journey” means— | 10 |
(a) a journey from a place in the United Kingdom to an immediate | |
destination outside the United Kingdom, or | |
(b) a journey from a place outside the United Kingdom to an | |
immediate destination in the United Kingdom; and | |
“railway vehicle” has the meaning given by section 83 of the Railways Act | 15 |
1993 (c. 43). | |
171 Certifying of premises on grounds of national security | |
(1) A Minister of the Crown may issue a certificate under this section in respect of | |
any premises, if he considers that it is appropriate to do so for the purposes of | |
safeguarding national security. | 20 |
(2) A certificate under this section may identify the premises in question by means | |
of a general description. | |
(3) A document purporting to be a certificate under this section is to be received | |
in evidence and treated as being a certificate under this section unless the | |
contrary is proved. | 25 |
(4) A document which purports to be certified by or on behalf of a Minister of the | |
Crown as a true copy of a certificate given by a Minister of the Crown under | |
this section is evidence of that certificate. | |
(5) A Minister of the Crown may cancel a certificate issued by him, or any other | |
Minister of the Crown, under this section. | 30 |
(6) The powers conferred by this section on a Minister of the Crown may be | |
exercised only by a Minister who is a member of the Cabinet or by the Attorney | |
General. | |
(7) In this section “Minister of the Crown” has the meaning given by the Ministers | |
of the Crown Act 1975 (c. 26). | 35 |
172 Exemption for raffle, tombola, etc. | |
(1) The conduct of a lottery which, but for this subsection, would to any extent | |
constitute a licensable activity by reason of one or more of the prizes in the | |
lottery consisting of alcohol, is not (for that reason alone) to be treated as | |
constituting a licensable activity if— | 40 |
(a) the lottery is promoted as an incident of an exempt entertainment, | |
(b) after the deduction of all relevant expenses, the whole proceeds of the | |
entertainment (including those of the lottery) are applied for purposes | |
other than private gain, and | |
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