Licensing Bill [HL]

House of Commons portcullis

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Licensing Bill [HL]

Licensing Bill [HL]

[AS AMENDED IN STANDING COMMITTEE D]

Contents
Part 1
Licensable activities
      1         Licensable activities and qualifying club activities
      2         Authorisation for licensable activities and qualifying club activities
Part 2
Licensing authorities
The authorities
      3         Licensing authorities
Functions of licensing authorities etc.
      4         General duties of licensing authorities
      5         Statement of licensing policy
      6         Licensing committees
      7         Exercise and delegation of functions
      8         Requirement to keep a register
Licensing committees
      9         Proceedings of licensing committee
      10         Sub-delegation of functions by licensing committee etc.
Part 3
Premises licences
Introductory
      11         Premises licence
      12         The relevant licensing authority
      13         Authorised persons, interested parties and responsible authorities
      14         Meaning of “supply of alcohol”

Bill 109 53/2

Licensing Bill [HL]
ii

      15         Meaning of “designated premises supervisor”
Grant of premises licence
      16         Applicant for premises licence
      17         Application for premises licence
      18         Determination of application for premises licence
      19         Mandatory conditions where licence authorises supply of alcohol
      20         Mandatory condition: door supervision
      21         Prohibited conditions: plays
      22         Grant or rejection of application
      23         Form of licence and summary
      24         Theft, loss, etc. of premises licence or summary
Duration of licence
      25         Period of validity of premises licence
      26         Death, incapacity, insolvency etc. of licence holder
      27         Surrender of premises licence
Provisional statement
      28         Application for a provisional statement where premises being built, etc.
      29         Advertisement of application for provisional statement
      30         Determination of application for provisional statement
      31         Restriction on representations following provisional statement
Duty to notify certain changes
      32         Notification of change of name or address
Variation of licences
      33         Application to vary premises licence
      34         Determination of application under section 33
      35         Supplementary provision about determinations under section 34
      36         Application to vary licence to specify individual as premises supervisor
      37         Circumstances in which section 36 application given interim effect
      38         Determination of section 36 application
      39         Duty of applicant following determination under section 38
      40         Request to be removed as designated premises supervisor
Transfer of premises licence
      41         Application for transfer of premises licence
      42         Circumstances in which transfer application given interim effect
      43         Determination of transfer application
      44         Notification of determination under section 43
      45         Duty to notify designated premises supervisor of transfer
Interim authority notices
      46         Interim authority notice following death etc. of licence holder
      47         Cancellation of interim authority notice following police objections

Licensing Bill [HL]
iii

      48         Supplementary provision about interim authority notices
Transfer following death etc. of licence holder
      49         Reinstatement of licence on transfer following death etc. of holder
Review of licences
      50         Application for review of premises licence
      51         Determination of application for review
      52         Supplementary provision about review
General provision
      53         Form etc. of applications and notices under Part 3
      54         Fees
Production of licence, rights of entry, etc.
      55         Licensing authority’s duty to update licence document
      56         Duty to keep and produce licence
      57         Provision supplementary to section 56
      58         Inspection of premises before grant of licence etc.
Part 4
Clubs
Introductory
      59         Club premises certificate
Qualifying clubs
      60         Qualifying clubs
      61         The general conditions
      62         Determining whether a club is established and conducted in good faith
      63         The additional conditions for the supply of alcohol
      64         Industrial and provident societies, friendly societies etc.
      65         Miners’ welfare institutes
Interpretation
      66         Associate members and their guests
      67         The relevant licensing authority
      68         Authorised persons, interested parties and responsible authorities
      69         Other definitions relating to clubs
Grant of club premises certificate
      70         Application for club premises certificate
      71         Determination of application for club premises certificate
      72         Certificate authorising supply of alcohol for consumption off the premises
      73         Prohibited conditions: associate members and their guests

Licensing Bill [HL]
iv

      74         Prohibited conditions: plays
      75         Grant or rejection of application for club premises certificate
      76         Form of certificate and summary
      77         Theft, loss etc. of certificate or summary
Duration of certificate
      78         Period of validity of club premises certificate
      79         Surrender of club premises certificate
Duty to notify certain changes
      80         Notification of change of name or alteration of rules of club
      81         Change of relevant registered address of club
Variation of certificates
      82         Application to vary club premises certificate
      83         Determination of application under section 82
      84         Supplementary provision about applications under section 82
Review of certificates
      85         Application for review of club premises certificate
      86         Determination of application for review
      87         Supplementary provision about review
Withdrawal of certificates
      88         Club ceasing to be a qualifying club
General provision
      89         Form etc. of applications and notices under Part 4
      90         Fees
Production of certificate, rights of entry, etc.
      91         Licensing authority’s duty to update club premises certificate
      92         Duty to keep and produce certificate
      93         Provision supplementary to section 92
      94         Inspection of premises before grant of certificate etc.
      95         Other powers of entry and search
Part 5
Permitted temporary activities
Introductory
      96         Meaning of “permitted temporary activity”
      97         The relevant licensing authority

Licensing Bill [HL]
v

Temporary event notices
      98         Temporary event notice
      99         Minimum of 24 hours between event periods
      100         Acknowledgement of notice
      101         Withdrawal of notice
Police objections
      102         Objection to notice by the police
      103         Counter notice following police objection
      104         Modification of notice following police objection
Limits on temporary event notices
      105         Counter notice where permitted limits exceeded
Rights of entry, production of notice, etc.
      106         Right of entry where temporary event notice given
      107         Duty to keep and produce temporary event notice
Miscellaneous
      108         Theft, loss, etc. of temporary event notice
Part 6
Personal licences
Introductory
      109         Personal licence
      110         The relevant licensing authority
      111         Meaning of “relevant offence” and “foreign offence”
      112         Spent convictions
      113         Period of validity of personal licence
      114         Surrender of personal licence
Grant and renewal of licences
      115         Application for grant or renewal of personal licence
      116         Individual permitted to hold only one personal licence
      117         Licence continued pending renewal
      118         Determination of application for grant
      119         Determination of application for renewal
      120         Notification of determinations
      121         Duty to notify licensing authority of convictions during application period
      122         Convictions coming to light after grant or renewal
      123         Form of personal licence
      124         Theft, loss, etc. of personal licence
Duty to notify certain changes
      125         Duty to notify change of name or address

Licensing Bill [HL]
vi

Conviction of licence holder for relevant offence
      126         Duty to notify court of personal licence
      127         Forfeiture or suspension of licence on conviction for relevant offence
      128         Powers of appellate court to suspend order under section 127
      129         Court’s duty to notify licensing authority of convictions
      130         Licence holder’s duty to notify licensing authority of convictions
General provision
      131         Form etc. of applications and notices under Part 6
      132         Licensing authority’s duty to update licence document
Production of licence
      133         Licence holder’s duty to produce licence
Part 7
Offences
Unauthorised licensable activities
      134         Unauthorised licensable activities
      135         Exposing alcohol for unauthorised sale
      136         Keeping alcohol on premises for unauthorised sale
      137         Defence of due diligence
Drunkenness and disorderly conduct
      138         Allowing disorderly conduct on licensed premises etc.
      139         Sale of alcohol to a person who is drunk
      140         Obtaining alcohol for a person who is drunk
      141         Failure to leave licensed premises etc.
Smuggled goods
      142         Keeping of smuggled goods
Children and alcohol
      143         Sale of alcohol to children
      144         Allowing the sale of alcohol to children
      145         Sale of liqueur confectionery to children under 16
      146         Purchase of alcohol by or on behalf of children
      147         Consumption of alcohol by children
      148         Delivering alcohol to children
      149         Sending a child to obtain alcohol
      150         Prohibition of unsupervised sales by children
      151         Enforcement role for weights and measures authorities
Confiscation of alcohol
      152         Confiscation of sealed containers of alcohol

Licensing Bill [HL]
vii

Vehicles and trains
      153         Prohibition on sale of alcohol on moving vehicles
      154         Power to prohibit sale of alcohol on trains
False statement relating to licensing etc.
      155         False statements made for the purposes of this Act
Interpretation
      156         Interpretation of Part 7
Part 8
Closure of premises
Closure of premises in an identified area
      157         Orders to close premises in area experiencing disorder
Closure of identified premises
      158         Closure orders for identified premises
      159         Extension of closure order
      160         Cancellation of closure order
      161         Application to magistrates’ court by police
      162         Consideration of closure order by magistrates’ court
      163         Appeal from decision of magistrates’ court
      164         Review of premises licence following closure order
      165         Provision about decisions under section 164
      166         Enforcement of closure order
      167         Exemption of police from liability for damages
Interpretation
      168         Interpretation of Part 8
Part 9
Miscellaneous and supplementary
Special occasions
      169         Relaxation of opening hours for special occasions
Exemptions etc.
      170         Activities in certain locations not licensable
      171         Certifying of premises on grounds of national security
      172         Exemption for raffle, tombola, etc.
Service areas and garages etc.
      173         Prohibition of alcohol sales at service areas, garages etc.

© Parliamentary copyright 2003
Revised 21 May 2003