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| Tuesday 14th February 2006 |
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| New ClauseS RELATING TO PART 1 AND TO THE AGE FOR SALE OF TOBACCO |
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| | Smoke-free premises: exemptions |
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| | Read a second time, on division nc5 |
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| To move the following Clause:— |
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| | ‘(1) | The appropriate national authority may make regulations providing for specified |
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| | descriptions of premises, or specified areas within specified descriptions of |
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| | premises, not to be smoke-free despite section 2. |
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| | (2) | Descriptions of premises which may be specified under subsection (1) include, in |
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| | (a) | any premises where a person has his home, or is living whether |
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| | permanently or temporarily (including hotels, care homes, and prisons |
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| | and other places where a person may be detained), |
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| | (b) | except as mentioned in subsection (5), any premises in respect of which |
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10 | | a club premises certificate (within the meaning of section 60 of the |
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| | Licensing Act 2003 (c. 17)) has effect. |
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| | (3) | The power to make regulations under subsection (1) is not exercisable so as to |
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| | specify any description of premises in respect of which a premises licence under |
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| | the Licensing Act 2003 (c. 17) authorising the consumption of alcohol on the |
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| | (4) | But subsection (3) does not prevent the exercise of that power so as to specify any |
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| | area, within a specified description of premises mentioned in subsection (3), |
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| | where a person has his home, or is living whether permanently or temporarily. |
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| | (5) | If both a club premises certificate and a premises licence authorising the |
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20 | | consumption of alcohol on the premises have effect in respect of any premises, |
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| | those premises are to be treated for the purposes of this section as if only the |
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| | premises licence had effect in respect of them. |
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| | (6) | The regulations may provide, in relation to any description of premises or areas |
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| | of premises specified in the regulations, that the premises or areas are not smoke- |
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| | (a) | in specified circumstances, |
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| | (b) | if specified conditions are satisfied, or |
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| | | or any combination of those. |
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30 | | (7) | The conditions may include conditions requiring the designation in accordance |
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| | with the regulations, by the person in charge of the premises, of any rooms in |
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| | which smoking is to be permitted.’. |
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| | As Amendments to Ms Secretary Hewitt’s proposed New Clause (Smoke-free |
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| | premises: exemptions) (NC5):— |
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| | Agreed to on division (a) |
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| Line 9, leave out paragraph (b). |
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| | ‘(c) | premises of specialist tobacconists, as defined in section 6 of the Tobacco |
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| | Advertising and Promotion Act 2002 (c. 36).’. |
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| Line 13, after first ‘of’ insert ‘(a)’. |
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| | ‘(b) | premises in respect of which a club premises certificate (within the |
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| | meaning of section 60 of that Act) has effect.’. |
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| Line 19, leave out subsection (5). |
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| | ‘( ) | Regulations made under subsection (1) shall not provide for premises or areas of |
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| | premises in respect of which a club premises certificate has effect if they are |
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| | premises or areas of premises open to the public to which children have access.’. |
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| Line 30, after second ‘conditions’, insert ‘(a)’. |
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| | ‘(b) | requiring the physical segregation of rooms where smoking is permitted |
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| | from those where it is not; |
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| | (c) | stipulating what food or drink may be consumed in any rooms where |
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| | smoking is permitted; and |
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| | (d) | requiring all staff who enter such rooms to do so only on a voluntary |
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| | Clause, as amended, added on division. |
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| | Power to amend age for sale of tobacco etc |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may from time to time by order amend the following |
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| | enactments by substituting, in each place where a person’s age is specified, a |
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| | different age specified in the order— |
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| | (a) | section 7 of the Children and Young Persons Act 1933 (c. 12) (sale of |
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| | tobacco etc to persons under 16), |
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| | (b) | section 4 of the Children and Young Persons (Protection from Tobacco) |
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| | Act 1991 (c. 23) (display of warning statements in retail premises and on |
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| | (2) | But the age specified in an order under subsection (1) may not be lower than 16.’. |
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| | Age of purchase of tobacco products |
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| To move the following Clause:— |
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| | ‘(1) | The appropriate national authority may issue regulations modifying the Children |
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| | and Young Persons (Protection from Tobacco) Act 1991 (c. 23) so as to substitute |
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| | for the age specified in any of its provisions such other higher age or ages as they |
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| | (2) | In section 1 of the Children and Young Persons Act 1933 (c. 12) leave out “of |
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| | sixteen years” and insert “specified by regulations under the Health Act 2006 |
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| Page 1, line 1, leave out clauses 1 to 12. |
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| Page 2, line 25 [Clause 2], leave out ‘Section 3’ and insert ‘Section (Smoke-free |
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| Page 2, line 30, leave out Clause 3. |
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| Page 2, line 31 [Clause 3], leave out subsections (1) to (4) and insert— |
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| | ‘( ) | Despite section 2, the following descriptions of premises, may not be smoke- |
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| | (a) | premises where a person has his home, or is living whether permanently |
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| | (c) | premises in respect of which a club premises certificate is in force.’. |
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| Page 2, line 33 [Clause 3], at end insert— |
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| | ‘(1A) | The regulations may provide for local authorities to licence designated rooms in |
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| | which smoking is to be permitted under appropriate conditions.’. |
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| Page 2, line 37 [Clause 3], leave out from ‘hotels’ to end of line 38 and insert ‘and |
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| care homes, but not including prisons)’. |
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| Page 2, line 38 [Clause 3], at end insert— |
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| | ‘( ) | premises in respect of which there are designated areas in which smoking |
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| Page 4, line 3 [Clause 5], at end insert— |
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| | ‘(c) | any private motor vehicle not available for hire or reward. |
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| | (d) | any occupant of a private motor vehicle not available for hire or reward.’. |
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| Page 5, line 31 [Clause 7], leave out ‘3’ and insert ‘(Smoke-free premises: |
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| Page 6, line 3 [Clause 8], after ‘section’ insert ‘6(5) or’. |
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| Ms Secretary Hewitt | Agreed to |
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| That Clause No. 8 be transferred to end of line 38 on page 6. |
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| To move the following Clause:— |
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| | ‘(1) | In section 108 of the Medicines Act 1968 (c. 67) (enforcement in England and |
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| | (a) | in subsection (1), at the beginning insert “Subject to the provisions of |
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| | subsection (6C) of this section,”, |
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| | (b) | after subsection (6) insert— |
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| | “(6A) | The Pharmaceutical Society shall be under a duty, concurrently |
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| | with the appropriate Minister, to enforce the provisions of |
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| | subsections (4) and (5) of section 72A of this Act in their |
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| | application to England and Wales. |
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| | (6B) | The Pharmaceutical Society shall be under a duty to enforce the |
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| | other provisions of section 72A of this Act, and any regulations |
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| | made under them, in their application to England and Wales. |
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| | (6C) | The appropriate Minister shall be under no duty to enforce those |
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| | other provisions, or any regulations made under them, in their |
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| | application to England and Wales. |
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| | (6D) | Notwithstanding subsection (6C) of this section the appropriate |
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| | Minister is to be treated for the purposes of sections 111 to 114 |
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| | (a) | as empowered by this section to enforce those other |
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| | provisions, or any regulations made under them, in their |
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| | application to England and Wales, and |
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| | (b) | to that extent as an enforcement authority in relation to |
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| | those other provisions or those regulations in their |
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| | application to England and Wales.”, |
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| | (c) | in subsection (9)(a), after “hospital” insert “(except in relation to so much |
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| | of the hospital premises as is a registered pharmacy)”, |
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| | (d) | in subsection (10), for “(4) to (8)” substitute “(4) to (6A), (7) and (8)”. |
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| | (2) | In section 109 of the Medicines Act 1968 (c. 67) (enforcement in Scotland), in |
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| | subsection (1), at the beginning insert “Subject to the provisions of section |
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| | 108(6C) of this Act as applied by subsection (2) of this section,”. |
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| | (3) | In section 110 of the Medicines Act 1968 (c. 67) (enforcement in Northern |
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| | (a) | in subsection (1), for “subsection (4)” substitute “subsections (3C) and |
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| | (b) | after subsection (3) insert— |
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| | “(3A) | The Pharmaceutical Society shall be under a duty, concurrently |
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| | with the Minister, to enforce the provisions of subsections (4) |
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| | and (5) of section 72A of this Act in their application to Northern |
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| | (3B) | The Pharmaceutical Society shall be under a duty to enforce the |
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| | other provisions of section 72A of this Act, and any regulations |
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| | made under them, in their application to Northern Ireland. |
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| | (3C) | The Minister shall be under no duty to enforce those other |
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| | provisions, or any regulations made under them, in their |
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| | application to Northern Ireland. |
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| | (3D) | Notwithstanding subsection (3C) of this section the Minister is to |
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| | be treated for the purposes of sections 111 to 114 of this Act— |
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| | (a) | as empowered by this section to enforce those other |
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| | provisions, or any regulations made under them, in their |
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| | application to Northern Ireland, and |
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| | (b) | to that extent as an enforcement authority in relation to |
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| | those other provisions or those regulations in their |
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| | application to Northern Ireland.”, |
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| | (c) | in subsection (5)(a), for “and (3)” substitute “to (3D)”, |
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| | (d) | in subsection (5)(b), for “(4) to (8)” substitute “(4) to (6A), (7) and (8)”.’. |
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| To move the following Clause:— |
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| | ‘(1) | Subject to subsection (2), it is an offence deliberately to prevent or stop a person |
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| | in charge of a child from feeding milk to that child in a public place or on licensed |
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| | (2) | Subsection (1) does not apply if the child, at the material time, is not lawfully |
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| | permitted to be in the public place or on the licensed premises otherwise than for |
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| | the purpose of being fed milk. |
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| | (3) | A person guilty of an offence under subsection (1) is liable on summary |
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| | conviction to a fine not exceeding level 4 on the standard scale. |
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| | “child” means a person who has not yet attained the age of two years;
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| | (b) | feeding from a bottle or other container; |
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| | | “licensed premises” means premises used for licensable activity under Part III of |
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| | the Licensing Act 2003 (c. 17);
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| | “milk” means breastmilk, cow’s milk or infant formula;
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| | “public place” means any place to which, at the material time, the public or any |
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| | section of the public has access, on payment or otherwise, as of right or by virtue |
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| | of express or implied permission.’. |
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