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amend
the Licensing act 2003 in relation to touring circuses; and for
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Application
of Licensing Act to touring circuses: annual licences etc. |
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(1) |
The Licensing
Act 2003 (c. 17) is amended as follows. |
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(2) |
In section 1 (licensable
activities and qualifying club activities) after subsection |
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“(8) |
The provision of a touring
circus is a licensable activity to which section |
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189A
applies; and the remaining provisions of this Act apply to touring
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circuses
subject to the provisions of that section.” |
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(3) |
After section 189 insert— |
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(1) |
Not more than three months
after the passing of the Licensing Act 2003 |
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(Amendment)
Act 2005 the Secretary of State shall make regulations |
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amending,
supplementing or modifying the provisions of this Act in |
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relation
to touring circuses. |
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(2) |
In particular those regulations
shall— |
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(a) |
prescribe a body (which
need not be a licensing authority listed |
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in
section 3) to perform the functions of a licensing authority in
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relation
to touring circuses; |
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(b) |
provide that a touring circus
licensed by virtue of paragraph (a) |
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does
not require to be licensed by any other licensing authority; |
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(c) |
provide for the duration
of a licence for a touring circus to be |
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(d) |
provide
that the tent in which the performance of a touring |
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circus
takes place, and not the land on which the tent is erected, |
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requires
to be licensed; and |
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(e) |
provide that a fresh application
for a licence shall be required |
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only
in the case of changes to the layout of the tent during the |
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(3) |
Before making regulations
under this section the Secretary of State shall |
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consult
such persons as appear to him to be representative of the |
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interests
of touring circuses.” |
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(4) |
In section 193 (other definitions)
insert at the appropriate point— |
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““touring circus”
has such meaning as shall be prescribed;”. |
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2 |
Temporary
event notices in respect of travelling circuses |
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(1) |
The Licensing
Act 2003 (c. 17) is amended as follows. |
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(2) |
After section 99 insert— |
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“99A |
Application
to touring circuses |
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(1) |
The provisions of this
Part shall have effect in relation to a touring |
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circus
with such modifications as shall be prescribed. |
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(2) |
In this section “touring
circus” has such meaning as shall be prescribed. |
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(3) |
The Secretary of State
shall make regulations under this section not |
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more
than three months after the passing of the Licensing Act 2003
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(4) |
Before making regulations
under this section the Secretary of State shall |
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consult
such persons as appear to him to be representative of the |
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interests
of touring circuses.” |
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3 |
Exemption
of touring circuses from provisions of principal Act |
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(1) |
The Licensing
Act 2003 is amended as follows. |
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(2) |
After section 175 insert— |
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“175A |
Exemption
for touring circuses |
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(1) |
The provision of a touring
circus is not a licensable activity. |
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(2) |
In this section “touring
circus” has such meaning as shall be prescribed. |
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(3) |
The Secretary of State
shall make regulations under this section not |
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more
than three months after the passing of the Licensing Act 2003
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(3) |
In section 1(6) for “175”
substitute “175A”. |
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4 |
Commencement
and repeal |
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(1) |
The preceding provisions
of this Act shall come into force, or be repealed, in |
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accordance with an order
made by the Secretary of State. |
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(2) |
The
power to make an order under this section is exercisable by statutory
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(3) |
A statutory instrument containing
an order under this section is subject to |
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annulment in pursuance of
a resolution of either House of Parliament. |
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(4) |
Not more than three months
after the passing of this Act the Secretary of State |
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(a) |
bringing section 1 into force
and repealing sections 2 and 3; or |
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(b) |
bringing section 2 into force
and repealing sections 1 and 3; or |
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(c) |
bringing section 3 into force
and repealing sections 1 and 2. |
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10 |
This Act may be cited as
the Licensing Act 2003 (Amendment) Act 2005. |
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