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(c) subsection (2) does not apply. | |
(2) This subsection applies if— | |
(a) the alcohol consists of or includes alcohol not in a sealed container, | |
(b) any prize in the lottery is a money prize, | |
(c) a ticket or chance in the lottery is sold or issued, or the result of the | 5 |
lottery is declared, other than at the premises where the entertainment | |
takes place and during the entertainment, or | |
(d) the opportunity to participate in a lottery or in gaming is the only or | |
main inducement to attend the entertainment. | |
(3) For the purposes of subsection (1)(b), the following are relevant expenses— | 10 |
(a) the expenses of the entertainment, excluding expenses incurred in | |
connection with the lottery, | |
(b) the expenses incurred in printing tickets in the lottery, | |
(c) such reasonable and proper expenses as the promoters of the lottery | |
appropriate on account of any expenses they incur in buying prizes in | 15 |
the lottery. | |
(4) In this section— | |
“exempt entertainment” has the same meaning as in section 3(1) of the | |
Lotteries and Amusements Act 1976 (c. 32); | |
“gaming” has the meaning given by section 52 of the Gaming Act 1968 | 20 |
(c. 65); | |
“money” and “ticket” have the meaning given by section 23 of the | |
Lotteries and Amusements Act 1976; and | |
“private gain”, in relation to the proceeds of an entertainment, is to be | |
construed in accordance with section 22 of that Act. | 25 |
Service areas and garages etc. | |
173 Prohibition of alcohol sales at service areas, garages etc. | |
(1) No premises licence, club premises certificate or temporary event notice has | |
effect to authorise the sale by retail or supply of alcohol on or from excluded | |
premises. | 30 |
(2) In this section “excluded premises” means— | |
(a) premises situated on land acquired or appropriated by a special road | |
authority, and for the time being used, for the provision of facilities to | |
be used in connection with the use of a special road provided for the use | |
of traffic of class I (with or without other classes); or | 35 |
(b) premises used primarily as a garage or which form part of premises | |
which are primarily so used. | |
(3) The Secretary of State may by order amend the definition of excluded premises | |
in subsection (2) so as to include or exclude premises of such description as | |
may be specified in the order. | 40 |
(4) For the purposes of this section— | |
(a) “special road” and “special road authority” have the same meaning as | |
in the Highways Act 1980 (c. 66), except that “special road” includes a | |
trunk road to which (by virtue of paragraph 3 of Schedule 23 to that | |
Act) the provisions of that Act apply as if the road were a special road, | 45 |
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(b) “class I” means class I in Schedule 4 to the Highways Act 1980 (c. 66) as | |
varied from time to time by an order under section 17 of that Act, but if | |
that Schedule is amended by such an order so as to add to it a further | |
class of traffic, the order may adapt the reference in subsection (2)(a) to | |
traffic of class I so as to take account of the additional class, and | 5 |
(c) premises are used as a garage if they are used for one or more of the | |
following— | |
(i) the retailing of petrol, | |
(ii) the retailing of derv, | |
(iii) the sale of motor vehicles, | 10 |
(iv) the maintenance of motor vehicles. | |
Rights of entry | |
174 Rights of entry to investigate licensable activities | |
(1) Where a constable or an authorised person has reason to believe that any | |
premises are being, or are about to be, used for a licensable activity, he may | 15 |
enter the premises with a view to seeing whether the activity is being, or is to | |
be, carried on under and in accordance with an authorisation. | |
(2) An authorised person exercising the power conferred by this section must, if so | |
requested, produce evidence of his authority to exercise the power. | |
(3) A person exercising the power conferred by this section may, if necessary, use | 20 |
reasonable force. | |
(4) A person commits an offence if he intentionally obstructs an authorised person | |
exercising a power conferred by this section. | |
(5) A person guilty of an offence under subsection (4) is liable on summary | |
conviction to a fine not exceeding level 3 on the standard scale. | 25 |
(6) In this section— | |
“authorisation” means— | |
(a) a premises licence, | |
(b) a club premises certificate, or | |
(c) a temporary event notice in respect of which the conditions of | 30 |
section 96(2) to (4) are satisfied; and | |
“authorised person” means an authorised person within the meaning of | |
Part 3 or 4 or an authorised officer within the meaning of section 106(5). | |
(7) Nothing in this section applies in relation to premises in respect of which there | |
is a club premises certificate but no other authorisation. | 35 |
175 Right of entry to investigate offences | |
(1) A constable may enter and search any premises in respect of which he has | |
reason to believe that an offence under this Act has been, is being or is about to | |
be committed. | |
(2) A constable exercising a power conferred by this section may, if necessary, use | 40 |
reasonable force. | |
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Appeals | |
176 Appeals against decisions of licensing authorities | |
(1) Schedule 5 (which makes provision for appeals against decisions of licensing | |
authorities) has effect. | |
(2) On an appeal in accordance with that Schedule against a decision of a licensing | 5 |
authority, a magistrates’ court may— | |
(a) dismiss the appeal, | |
(b) substitute for the decision appealed against any other decision which | |
could have been made by the licensing authority, or | |
(c) remit the case to the licensing authority to dispose of it in accordance | 10 |
with the direction of the court, | |
and may make such order as to costs as it thinks fit. | |
Guidance, hearings etc. | |
177 Guidance | |
(1) The Secretary of State must issue guidance (“the licensing guidance”) to | 15 |
licensing authorities on the discharge of their functions under this Act. | |
(2) But the Secretary of State may not issue the licensing guidance unless a draft of | |
it has been laid before, and approved by resolution of, each House of | |
Parliament. | |
(3) The Secretary of State may, from time to time, revise the licensing guidance. | 20 |
(4) A revised version of the licensing guidance does not come into force until the | |
Secretary of State lays it before Parliament. | |
(5) Where either House, before the end of the period of 40 days beginning with the | |
day on which a revised version of the licensing guidance is laid before it, by | |
resolution disapproves that version— | 25 |
(a) the Secretary of State must, under subsection (3), make such further | |
revisions to the licensing guidance as appear to him to be required in | |
the circumstances, and | |
(b) before the end of the period of 40 days beginning with the date on | |
which the resolution is made, lay a further revised version of the | 30 |
licensing guidance before Parliament. | |
(6) In reckoning any period of 40 days for the purposes of subsection (5), no | |
account is to be taken of any time during which— | |
(a) Parliament is dissolved or prorogued, or | |
(b) both Houses are adjourned for more than four days. | 35 |
(7) The Secretary of State must arrange for any guidance issued or revised under | |
this section to be published in such manner as he considers appropriate. | |
178 Hearings | |
(1) Regulations may prescribe the procedure to be followed in relation to a hearing | |
held by a licensing authority under this Act and, in particular, may— | 40 |
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(a) require a licensing authority to give notice of hearings to such persons | |
as may be prescribed; | |
(b) make provision for expedited procedures in urgent cases; | |
(c) make provision about the rules of evidence which are to apply to | |
hearings; | 5 |
(d) make provision about the legal representation at hearings of the parties | |
to it; | |
(e) prescribe the period within which an application, in relation to which a | |
hearing has been held, must be determined or any other step in the | |
procedure must be taken. | 10 |
(2) But a licensing authority may not make any order as to the costs incurred by a | |
party in connection with a hearing under this Act. | |
179 Giving of notices, etc. | |
(1) This section has effect in relation to any document required or authorised by or | |
under this Act to be given to any person (“relevant document”). | 15 |
(2) Where that person is a licensing authority, the relevant document must be | |
given by addressing it to the authority and leaving it at or sending it by post | |
to— | |
(a) the principal office of the authority, or | |
(b) any other office of the authority specified by it as one at which it will | 20 |
accept documents of the same description as that document. | |
(3) In any other case the relevant document may be given to the person in question | |
by delivering it to him, or by leaving it at his proper address, or by sending it | |
by post to him at that address. | |
(4) A relevant document may— | 25 |
(a) in the case of a body corporate (other than a licensing authority), be | |
given to the secretary or clerk of that body; | |
(b) in the case of a partnership, be given to a partner or a person having the | |
control or management of the partnership business; | |
(c) in the case of an unincorporated association (other than a partnership), | 30 |
be given to an officer of the association. | |
(5) For the purposes of this section and section 7 of the Interpretation Act 1978 | |
(c. 30) (service of documents by post) in its application to this section, the | |
proper address of any person to whom a relevant document is to be given is his | |
last known address, except that— | 35 |
(a) in the case of a body corporate or its secretary or clerk, it is the address | |
of the registered office of that body or its principal office in the United | |
Kingdom, | |
(b) in the case of a partnership, a partner or a person having control or | |
management of the partnership business, it is that of the principal office | 40 |
of the partnership in the United Kingdom, and | |
(c) in the case of an unincorporated association (other than a partnership) | |
or any officer of the association, it is that of its principal office in the | |
United Kingdom. | |
(6) But if a relevant document is given to a person in his capacity as the holder of | 45 |
a premises licence, club premises certificate or personal licence, or as the | |
designated premises supervisor under a premises licence, his relevant | |
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registered address is also to be treated, for the purposes of this section and | |
section 7 of the Interpretation Act 1978, as his proper address. | |
(7) In subsection (6) “relevant registered address”, in relation to such a person, | |
means the address given for that person in the record for the licence or | |
certificate (as the case may be) which is contained in the register kept under | 5 |
section 8 by the licensing authority which granted the licence or certificate. | |
(8) The following provisions of the Local Government Act 1972 (c. 70) do not | |
apply in relation to the service of a relevant document— | |
(a) section 231 (service of notices on local authorities etc.), | |
(b) section 233 (service of notices by local authorities). | 10 |
180 Provision of information | |
(1) This section applies to information which is held by or on behalf of a licensing | |
authority or a responsible authority (including information obtained by or on | |
behalf of the authority before the coming into force of this section). | |
(2) Information to which this section applies may be supplied— | 15 |
(a) to a licensing authority, or | |
(b) to a responsible authority, | |
for the purposes of facilitating the exercise of the authority’s functions under | |
this Act. | |
(3) Information obtained by virtue of this section must not be further disclosed | 20 |
except to a licensing authority or responsible authority for the purposes | |
mentioned in subsection (2). | |
(4) In this section “responsible authority” means a responsible authority within | |
the meaning of Part 3 or 4. | |
General provisions about offences | 25 |
181 Proceedings for offences | |
(1) In this section “offence” means an offence under this Act. | |
(2) Proceedings for an offence may be instituted— | |
(a) by a licensing authority, | |
(b) by the Director of Public Prosecutions, or | 30 |
(c) in the case of an offence under section 143 or 144 (sale of alcohol to | |
children), by a local weights and measures authority (within the | |
meaning of section 69 of the Weights and Measures Act 1985 (c. 72)). | |
(3) In relation to any offence, section 127(1) of the Magistrates’ Courts Act 1980 | |
(information to be laid within six months of offence) is to have effect as if for | 35 |
the reference to six months there were substituted a reference to 12 months. | |
182 Offences by bodies corporate etc. | |
(1) If an offence committed by a body corporate is shown— | |
(a) to have been committed with the consent or connivance of an officer, or | |
(b) to be attributable to any neglect on his part, | 40 |
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the officer as well as the body corporate is guilty of the offence and liable to be | |
proceeded against and punished accordingly. | |
(2) If the affairs of a body corporate are managed by its members, subsection (1) | |
applies in relation to the acts and defaults of a member in connection with his | |
functions of management as if he were a director of the body. | 5 |
(3) In subsection (1) “officer”, in relation to a body corporate, means— | |
(a) a director, member of the committee of management, chief executive, | |
manager, secretary or other similar officer of the body, or a person | |
purporting to act in any such capacity, and | |
(b) an individual who is a controller of the body. | 10 |
(4) If an offence committed by a partnership is shown— | |
(a) to have been committed with the consent or connivance of a partner, or | |
(b) to be attributable to any neglect on his part, | |
the partner as well as the partnership is guilty of the offence and liable to be | |
proceeded against and punished accordingly. | 15 |
(5) In subsection (4) “partner” includes a person purporting to act as a partner. | |
(6) If an offence committed by an unincorporated association (other than a | |
partnership) is shown— | |
(a) to have been committed with the consent or connivance of an officer of | |
the association or a member of its governing body, or | 20 |
(b) to be attributable to any neglect on the part of such an officer or | |
member, | |
that officer or member as well as the association is guilty of the offence and | |
liable to be proceeded against and punished accordingly. | |
(7) Regulations may provide for the application of any provision of this section, | 25 |
with such modifications as the Secretary of State considers appropriate, to a | |
body corporate or unincorporated association formed or recognised under the | |
law of a territory outside the United Kingdom. | |
(8) In this section “offence” means an offence under this Act. | |
183 Jurisdiction and procedure in respect of offences | 30 |
(1) A fine imposed on an unincorporated association on its conviction for an | |
offence is to be paid out of the funds of the association. | |
(2) Proceedings for an offence alleged to have been committed by an | |
unincorporated association must be brought in the name of the association | |
(and not in that of any of its members). | 35 |
(3) Rules of court relating to the service of documents are to have effect as if the | |
association were a body corporate. | |
(4) In proceedings for an offence brought against an unincorporated association, | |
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the | |
Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as they do in relation to | 40 |
a body corporate. | |
(5) Proceedings for an offence may be taken— | |
(a) against a body corporate or unincorporated association at any place at | |
which it has a place of business; | |
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(b) against an individual at any place where he is for the time being. | |
(6) Subsection (5) does not affect any jurisdiction exercisable apart from this | |
section. | |
(7) In this section “offence” means an offence under this Act. | |
Vessels, vehicles and moveable structures | 5 |
184 Vessels, vehicles and moveable structures | |
(1) This Act applies in relation to a vessel which is not permanently moored or | |
berthed as if it were premises situated in the place where it is usually moored | |
or berthed. | |
(2) Where a vehicle which is not permanently situated in the same place is, or is | 10 |
proposed to be, used for one or more licensable activities while parked at a | |
particular place, the vehicle is to be treated for the purposes of this Act as if it | |
were premises situated at that place. | |
(3) Where a moveable structure which is not permanently situated in the same | |
place is, or is proposed to be, used for one or more licensable activities while | 15 |
set in a particular place, the structure is to be treated for the purposes of this | |
Act as if it were premises situated at that place. | |
(4) Where subsection (2) applies in relation to the same vehicle, or subsection (3) | |
applies in relation to the same structure, in respect of more than one place, the | |
premises which by virtue of that subsection are situated at each such place are | 20 |
to be treated as separate premises. | |
(5) Sections 28 to 30 (which make provision in respect of provisional statements | |
relating to premises licences) do not apply in relation to a vessel, vehicle or | |
structure to which this section applies. | |
Interpretation | 25 |
185 Location of sales | |
(1) This section applies where the place where a contract for the sale of alcohol is | |
made is different from the place where the alcohol is appropriated to the | |
contract. | |
(2) For the purposes of this Act the sale of alcohol is to be treated as taking place | 30 |
where the alcohol is appropriated to the contract. | |
186 Meaning of “alcohol” | |
(1) In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, | |
distilled or spirituous liquor, but does not include— | |
(a) alcohol which is of a strength not exceeding 0.5% at the time of the sale | 35 |
or supply in question, | |
(b) perfume, | |
(c) flavouring essences recognised by the Commissioners of Customs and | |
Excise as not being intended for consumption as or with dutiable | |
alcoholic liquor, | 40 |
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