|
| |
|
(3) | References in this Chapter to premises’ being in a locality (however described) |
| |
include references to their being partly in that locality. |
| |
(4) | The powers of the Secretary of State to make regulations under this Chapter |
| |
shall be exercisable by statutory instrument subject to annulment in pursuance |
| |
of a resolution of either House of Parliament. |
| 5 |
(5) | Those powers all include power— |
| |
(a) | to make different provision for different cases; |
| |
(b) | to make provision subject to such exemptions and exceptions as the |
| |
Secretary of State thinks fit; and |
| |
(c) | to make such incidental, supplemental, consequential and transitional |
| 10 |
provision as he thinks fit. |
| |
(6) | Subsection (5)(b) is subject to the restriction on exemptions contained in section |
| |
| |
| |
| 15 |
| |
18 | Power of police to require review of premises licence |
| |
After section 53 of the Licensing Act 2003 (c. 17), insert— |
| |
“Summary reviews in serious cases of crime or disorder |
| |
53A | Summary reviews on application of senior police officer |
| 20 |
(1) | The chief officer of police of a police force for a police area may apply |
| |
under this section to the relevant licensing authority for a review of the |
| |
premises licence for any premises wholly or partly in that area if— |
| |
(a) | the premises are licensed premises in relation to the sale of |
| |
| 25 |
(b) | a senior member of that force has given a certificate that it is his |
| |
opinion that the premises are associated with serious crime or |
| |
serious disorder or both; |
| |
| and that certificate must accompany the application. |
| |
(2) | On receipt of such an application, the relevant licensing authority |
| 30 |
| |
(a) | within 48 hours of the time of its receipt, consider under section |
| |
53B whether it is necessary to take interim steps pending the |
| |
determination of a review of the premises licence; and |
| |
(b) | within 28 days after the day of its receipt, review that licence in |
| 35 |
accordance with section 53C and reach a determination on that |
| |
| |
(3) | The Secretary of State must by regulations— |
| |
(a) | require a relevant licensing authority to whom an application |
| |
for a review under this section has been made to give notice of |
| 40 |
the review to the holder of the premises licence and to every |
| |
| |
|
| |
|
| |
|
(b) | prescribe the period after the making of the application within |
| |
which the notice under paragraph (a) must be given; |
| |
(c) | require a relevant licensing authority to advertise the review, |
| |
inviting representations about it to be made to the authority by |
| |
the responsible authorities and interested parties; |
| 5 |
(d) | prescribe the period after the making of the application within |
| |
which the advertisement must be published; |
| |
(e) | prescribe the period after the publication of the advertisement |
| |
during which representations may be made by the holder of the |
| |
premises licence, any responsible authority or any interested |
| 10 |
| |
(f) | require a notice or advertisement under paragraph (a) or (c) to |
| |
specify the period prescribed under paragraph (e). |
| |
| |
‘senior member’, in relation to a police force, means a police |
| 15 |
officer who is a member of that force and of or above the rank |
| |
| |
‘serious crime’ has the same meaning as in the Regulation of |
| |
Investigatory Powers Act 2000 (c. 23) (see section 81(2) and (3) |
| |
| 20 |
(5) | In computing the period of 48 hours mentioned in subsection (2)(a) |
| |
time that is not on a working day is to be disregarded. |
| |
53B | Interim steps pending review |
| |
(1) | This section applies to the consideration by a relevant licensing |
| |
authority on an application under section 53A whether it is necessary |
| 25 |
to take interim steps pending the determination of the review applied |
| |
| |
(2) | The consideration may take place without the holder of the premises |
| |
licence having been given an opportunity to make representations to |
| |
the relevant licensing authority. |
| 30 |
(3) | The interim steps the relevant licensing authority must consider taking |
| |
| |
(a) | the modification of the conditions of the premises licence; |
| |
(b) | the exclusion of the sale of alcohol by retail from the scope of the |
| |
| 35 |
(c) | the removal of the designated premises supervisor from the |
| |
| |
(d) | the suspension of the licence. |
| |
(4) | For the purposes of subsection (3)(a) the conditions of a premises |
| |
licence are modified if any of them is altered or omitted or any new |
| 40 |
| |
(5) | Where on its consideration of whether to take interim steps the relevant |
| |
licensing authority does take one or more such steps— |
| |
(a) | its decision takes effect immediately or as soon after that as that |
| |
| 45 |
(b) | it must give immediate notice of its decision and of its reasons |
| |
| |
(i) | the holder of the premises licence; and |
| |
|
| |
|
| |
|
(ii) | the chief officer of police for the police area in which the |
| |
premises are situated (or for each police area in which |
| |
they are partly situated). |
| |
(6) | If the holder of the premises licence makes, and does not withdraw, |
| |
representations against any interim steps taken by the relevant |
| 5 |
licensing authority, the authority must, within 48 hours of the time of |
| |
its receipt of the representations, hold a hearing to consider those |
| |
| |
(7) | The relevant licensing authority must give advance notice of the |
| |
| 10 |
(a) | the holder of the premises licence; |
| |
(b) | the chief officer of police for the police area in which the |
| |
premises are situated (or for each police area in which they are |
| |
| |
(8) | At the hearing, the relevant licensing authority must— |
| 15 |
(a) | consider whether the interim steps are necessary for the |
| |
promotion of the licensing objectives; and |
| |
(b) | determine whether to withdraw or modify the steps taken. |
| |
(9) | In considering those matters the relevant licensing authority must have |
| |
| 20 |
(a) | the certificate that accompanied the application; |
| |
(b) | any representations made by the chief officer of police for the |
| |
police area in which the premises are situated (or for each police |
| |
area in which they are partly situated); and |
| |
(c) | any representations made by the holder of the premises licence. |
| 25 |
(10) | In computing the period of 48 hours mentioned in subsection (6) time |
| |
that is not on a working day is to be disregarded. |
| |
53C | Review of premises licence following review notice |
| |
(1) | This section applies to a review of a premises licence which a relevant |
| |
licensing authority has to conduct on an application under section 53A. |
| 30 |
(2) | The relevant licensing authority must— |
| |
(a) | hold a hearing to consider the application for the review and |
| |
any relevant representations; |
| |
(b) | take such steps mentioned in subsection (3) (if any) as it |
| |
considers necessary for the promotion of the licensing |
| 35 |
| |
(c) | secure that, from the coming into effect of the decision made on |
| |
the determination of the review, any interim steps having effect |
| |
pending that determination cease to have effect (except so far as |
| |
they are comprised in steps taken in accordance with paragraph |
| 40 |
| |
| |
(a) | the modification of the conditions of the premises licence, |
| |
(b) | the exclusion of a licensable activity from the scope of the |
| |
| 45 |
(c) | the removal of the designated premises supervisor from the |
| |
| |
|
| |
|
| |
|
(d) | the suspension of the licence for a period not exceeding three |
| |
| |
(e) | the revocation of the licence. |
| |
(4) | For the purposes of subsection (3)(a) the conditions of a premises |
| |
licence are modified if any of them is altered or omitted or any new |
| 5 |
| |
(5) | Subsection (2)(b) is subject to sections 19, 20 and 21 (requirement to |
| |
include certain conditions in premises licences). |
| |
(6) | Where the authority takes a step within subsection (3)(a) or (b), it may |
| |
provide that the modification or exclusion is to have effect only for a |
| 10 |
specified period (not exceeding three months). |
| |
(7) | In this section ‘relevant representations’ means representations |
| |
| |
(a) | are relevant to one or more of the licensing objectives, and |
| |
(b) | meet the requirements of subsection (8). |
| 15 |
(8) | The requirements are— |
| |
(a) | that the representations are made by the holder of the premises |
| |
licence, a responsible authority or an interested party within the |
| |
period prescribed under subsection 53A(3)(e), |
| |
(b) | that they have not been withdrawn, and |
| 20 |
(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 authority, frivolous or vexatious. |
| |
(9) | Where the relevant licensing authority determines that any |
| |
representations are frivolous or vexatious, it must notify the person |
| 25 |
who made them of the reasons for that determination. |
| |
(10) | Where a relevant licensing authority determines a review under this |
| |
section it must notify the determination and its reasons for making it |
| |
| |
(a) | the holder of the premises licence, |
| 30 |
(b) | any person who made relevant representations, and |
| |
(c) | the chief officer of police for the police area in which the |
| |
premises are situated (or for each police area in which they are |
| |
| |
(11) | A decision under this section does not have effect until— |
| 35 |
(a) | the end of the period given for appealing against the decision, |
| |
| |
(b) | if the decision is appealed against, the time the appeal is |
| |
| |
19 | Provisions supplemental to s. 18 |
| 40 |
(1) | In section 10(4) of the Licensing Act 2003 (c. 17) (matters not capable of |
| |
delegation to officers of a relevant licensing authority)— |
| |
(a) | in paragraph (a), after sub-paragraph (vi) insert— |
| |
“(via) | section 53A(2)(a) or 53B (determination of |
| |
interim steps pending summary review),”; |
| 45 |
|
| |
|
| |
|
(b) | after paragraph (b), insert— |
| |
“(ba) | any function under section 53C (review following |
| |
review notice), in a case where relevant representations |
| |
(within the meaning of section 53C(7)) have been |
| |
| 5 |
(2) | In Schedule 5 to that Act (appeals), after paragraph 8 insert— |
| |
“Summary review of premises licence |
| |
8A (1) | This paragraph applies where a review of a premises licence is |
| |
decided under section 53A(2)(b) (review of premises licence |
| |
following review notice). |
| 10 |
(2) | An appeal may be made against that decision by— |
| |
(a) | the chief officer of police for the police area (or each police |
| |
area) in which the premises are situated, |
| |
(b) | the holder of the premises licence, or |
| |
(c) | any other person who made relevant representations in |
| 15 |
relation to the application for the review. |
| |
(3) | In sub-paragraph (2) ‘relevant representations’ has the meaning |
| |
given in section 53C(7).” |
| |
Persistently selling alcohol to children |
| |
20 | Offence of persistently selling alcohol to children |
| 20 |
(1) | After section 147 of the Licensing Act 2003 (c. 17) insert— |
| |
“147A | Persistently selling alcohol to children |
| |
(1) | A person is guilty of an offence if— |
| |
(a) | on 3 or more different occasions within a period of 3 |
| |
consecutive months alcohol is unlawfully sold on the same |
| 25 |
premises to an individual aged under 18; |
| |
(b) | at the time of each sale the premises were either licensed |
| |
premises or premises authorised to be used for a permitted |
| |
temporary activity by virtue of Part 5; and |
| |
(c) | that person was a responsible person in relation to the premises |
| 30 |
| |
(2) | For the purposes of this section alcohol sold to an individual aged |
| |
under 18 is unlawfully sold to him if— |
| |
(a) | the person making the sale believed the individual to be aged |
| |
| 35 |
(b) | that person did not have reasonable grounds for believing the |
| |
individual to be aged 18 or over. |
| |
(3) | For the purposes of subsection (2) a person has reasonable grounds for |
| |
believing an individual to be aged 18 or over only if— |
| |
(a) | he asked the individual for evidence of his age and that |
| 40 |
individual produced evidence that would have convinced a |
| |
| |
|
| |
|
| |
|
(b) | nobody could reasonably have suspected from the individual’s |
| |
appearance that he was aged under 18. |
| |
(4) | A person is, in relation to premises and a time, a responsible person for |
| |
the purposes of subsection (1) if, at that time, he is— |
| |
(a) | the person or one of the persons holding a premises licence in |
| 5 |
respect of the premises; or |
| |
(b) | the person or one of the persons who is the premises user in |
| |
respect a temporary event notice by reference to which the |
| |
premises are authorised to be used for a permitted temporary |
| |
activity by virtue of Part 5. |
| 10 |
(5) | The individual to whom the sales mentioned in subsection (1) are made |
| |
may, but need not be, the same in each case. |
| |
(6) | The same sale may not be counted in respect of different offences for the |
| |
| |
(a) | of enabling the same person to be convicted of more than one |
| 15 |
offence under this section; or |
| |
(b) | of enabling the same person to be convicted of both an offence |
| |
under this section and an offence under section 146 or 147. |
| |
(7) | In determining whether an offence under this section has been |
| |
committed, the following shall be admissible as evidence that there has |
| 20 |
been an unlawful sale of alcohol to an individual aged under 18 on any |
| |
premises on any occasion— |
| |
(a) | the conviction of a person for an offence under section 146 in |
| |
respect of a sale to that individual on those premises on that |
| |
| 25 |
(b) | the giving to a person of a caution (within the meaning of Part |
| |
5 of the Police Act 1997) in respect of such an offence; or |
| |
(c) | the payment by a person of a fixed penalty under Part 1 of the |
| |
Criminal Justice and Police Act 2001 in respect of such a sale. |
| |
(8) | A person guilty of an offence under this section shall be liable, on |
| 30 |
summary conviction, to a fine not exceeding £10,000. |
| |
(9) | The Secretary of State may by order amend subsection (8) to increase |
| |
the maximum fine for the time being specified in that subsection. |
| |
147B | Order suspending a licence in respect of offence under section 147A |
| |
(1) | Where the holder of a premises licence is convicted of an offence under |
| 35 |
section 147A in respect of sales on the premises to which the licence |
| |
relates, the court may order that so much of the licence as authorises the |
| |
sale by retail of alcohol on those premises is suspended for a period not |
| |
| |
(2) | Where more than one person is liable for an offence under section 147A |
| 40 |
relating to the same sales, no more than one order under subsection (1) |
| |
may be made in relation to the premises in question in respect of |
| |
convictions by reference to those sales. |
| |
(3) | Subject to subsections (4) and (5), an order under subsection (1) comes |
| |
into force at the time specified by the court that makes it. |
| 45 |
(4) | Where a magistrates’ court makes an order under subsection (1), it may |
| |
suspend its coming into force pending an appeal. |
| |
|
| |
|
| |
|
(5) | Section 130 (powers of appellate court to suspend section 129 order) |
| |
applies (with the omission of subsection (9)) where an order under |
| |
subsection (1) is made on conviction of an offence under section 147A |
| |
as it applies where an order under section 129 is made on conviction of |
| |
a relevant offence in Part 6.” |
| 5 |
(2) | In section 186(2) of that Act (persons who may institute prosecutions under |
| |
| |
(a) | in paragraph (a) (licensing authority), at the beginning insert “except in |
| |
the case of an offence under section 147A,”; and |
| |
(b) | in paragraph (c) (local weights and measures authority), for “or 147” |
| 10 |
substitute “, 147 or 147A”. |
| |
(3) | In the Criminal Appeal Act 1968 (c. 19)— |
| |
(a) | in sections 31(2C) and 44(3), after “section 129” insert, in each case, “or |
| |
| |
(b) | in section 50(1)(i) for “section 129(2) of the Licensing Act 2003 |
| 15 |
(forfeiture or suspension of personal licence)” substitute “section 129 or |
| |
147B(1) of the Licensing Act 2003 (forfeiture or suspension etc. of |
| |
| |
(4) | A sale of alcohol is not to count for the purposes of the offence under section |
| |
147A of the Licensing Act 2003 (c. 17) if it took place before the commencement |
| 20 |
| |
21 | Closure notices for persistently selling alcohol to children |
| |
(1) | After section 169 of the Licensing Act 2003 insert— |
| |
| |
169A | Closure notices for persistently selling alcohol to children |
| 25 |
(1) | A relevant officer may give a notice under this section (a ‘closure |
| |
notice’) applying to any premises if he has reasonable grounds for |
| |
| |
(a) | that an offence under section 147A (‘the alleged offence’) has |
| |
been committed in relation to those premises; and |
| 30 |
(b) | that a person liable for that offence is still, at the time when the |
| |
notice is given, the holder of a premises licence in respect of |
| |
those premises, or one of the holders of such a licence. |
| |
(2) | A closure notice is a notice which— |
| |
(a) | proposes a prohibition for a period not exceeding 48 hours on |
| 35 |
sales of alcohol on the premises in question; and |
| |
(b) | offers the opportunity to discharge all criminal liability in |
| |
respect of the alleged offence by the acceptance of the |
| |
prohibition proposed by the notice. |
| |
(3) | A closure notice must— |
| 40 |
(a) | be in the form prescribed by regulations made by the Secretary |
| |
| |
(b) | specify the premises to which it applies; |
| |
|
| |
|