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Lap dancing and other sex encounter venues etc: transitional provision |
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Effect of section 25: cases where no existing resolutions passed |
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1 | A resolution made on or after the coming into force of section 25 by a local |
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authority under section 2 of the 1982 Act that Schedule 3 to that Act is to |
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apply to the area of the local authority applies to that Schedule as amended |
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Effect of section 25: cases where existing resolutions in force |
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2 (1) | Sub-paragraph (2) applies if a local authority has, before the coming into |
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force of section 25, resolved under section 2 of the 1982 Act that Schedule 3 |
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to that Act is to apply to the area of the local authority. |
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(2) | The amendments made by section 25 do not apply to the area of the local |
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authority concerned and the resolution concerned does not apply to the |
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Schedule as amended by section 25 but the local authority may resolve that |
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the Schedule as amended by section 25 is to apply to their area. |
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(3) | Section 2 of the 1982 Act has effect in relation to a resolution under sub- |
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paragraph (2) that Schedule 3 to that Act as amended by section 25 is to |
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apply to the area of a local authority as section 2 of that Act has effect in |
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relation to any resolution under that section that the Schedule is to apply to |
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the area of a local authority. |
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(4) | The definition of “the appropriate authority” in paragraph 5 of Schedule 3 to |
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the 1982 Act has effect as if the reference to a resolution under section 2 of |
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that Act included a reference to a resolution under sub-paragraph (2). |
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Power to make transitional provision on adoption of Schedule 3 of the 1982 Act as amended |
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3 (1) | The relevant national authority may by order make such transitional, |
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transitory or saving provision as the relevant national authority considers |
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appropriate in connection with the coming into force, in consequence of a |
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resolution of a local authority under section 2 to the 1982 Act (including that |
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section as applied by paragraph 2(3) above), of Schedule 3 to that Act as |
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(2) | An order under this paragraph may, in particular, make different provision |
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from that made by paragraphs 28 and 29 of Schedule 3 to that Act (and may |
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accordingly provide for those paragraphs not to apply). |
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(3) | The power of the relevant national authority under this paragraph— |
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(a) | is exercisable by statutory instrument, |
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(b) | may be exercised so as to make different provision for different |
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purposes or different areas, |
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(c) | includes power to make supplementary, incidental or consequential |
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“the 1982 Act” means the Local Government (Miscellaneous |
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Provisions) Act 1982 (c. 30), |
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“relevant national authority” means— |
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(a) | in relation to England, the Secretary of State, and |
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(b) | in relation to Wales, the Welsh Ministers, |
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“local authority” has the same meaning as in Part 2 of the 1982 Act (see |
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section 2(5) of that Act). |
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General licensing conditions relating to alcohol |
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Types of mandatory conditions |
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1 | After section 19(3) of the Licensing Act 2003 (c. 17) (mandatory conditions |
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where licence authorises supply of alcohol) insert— |
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“(4) | The other conditions are any conditions specified in an order under |
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section 19A and applicable to the premises licence.” |
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Power of Secretary of State to impose section 19(4) mandatory conditions |
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2 | After section 19 of that Act insert— |
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“19A | Power of Secretary of State to impose section 19(4) mandatory |
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(1) | The Secretary of State may by order specify conditions relating to the |
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supply of alcohol and applicable to all relevant premises licences or |
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relevant premises licences of a particular description if the Secretary |
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of State considers it appropriate to do so for the promotion of the |
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(2) | The number of conditions in force by virtue of subsection (1) in |
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relation to all relevant premises licences and the number of |
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conditions in force by virtue of that subsection in relation to relevant |
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premises licences of particular descriptions must not (when added |
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together) exceed at any time nine. |
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(3) | An order under subsection (1) may relate to existing or future |
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relevant premises licences. |
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(4) | Any conditions specified by an order under subsection (1) in relation |
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to existing relevant premises licences are to be treated as— |
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(a) | included in those licences from the coming into force of the |
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(b) | overriding any conditions already included in those licences |
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(“the existing conditions”) so far as they are— |
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(i) | identical to the existing conditions, or |
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(ii) | inconsistent with, and more onerous than, the |
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“existing relevant premises licence”, in relation to an order, |
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means a relevant premises licence granted before the coming |
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into force of the order and in effect, or capable of having |
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effect, on its coming into force, |
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“future relevant premises licence”, in relation to an order, |
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means a relevant premises licence granted on or after the |
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coming into force of the order, |
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“relevant premises licence” means a premises licence |
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authorising the supply of alcohol.” |
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Power of relevant licensing authorities to impose general conditions in particular localities |
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3 | After section 21 of that Act (mandatory condition: door supervision) insert— |
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“21A | General conditions in particular localities |
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(1) | The relevant licensing authority may resolve to impose such |
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permitted conditions as it considers appropriate on existing relevant |
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premises licences in a particular locality in its area if it considers |
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(a) | there has been nuisance or annoyance to members of the |
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public, or a section of the public, or disorder, in or near the |
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(b) | the nuisance, annoyance or disorder is associated with the |
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consumption of alcohol in the locality or with the |
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consumption of alcohol supplied at premises in the locality, |
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(c) | there is likely to be a repetition of nuisance, annoyance or |
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disorder that is so associated, and |
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(d) | it is appropriate to impose the conditions for the purposes of |
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mitigating or preventing the nuisance, annoyance or disorder |
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(2) | Any conditions included in a resolution under subsection (1) which |
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is in force are to be treated as— |
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(a) | included in all the relevant premises licences in the locality |
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(b) | overriding any conditions already included in those licences |
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(“the existing conditions”) so far as they are— |
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(i) | identical to the existing conditions, or |
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(ii) | inconsistent with, and more onerous than, the |
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(3) | The relevant licensing authority for premises in a locality must |
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consider whether to make a resolution under subsection (1) if any |
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responsible authority for the premises requests such a resolution. |
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(4) | Before deciding whether to make a resolution under subsection (1), |
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the relevant licensing authority must have regard to any guidance |
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issued under section 182 which is relevant. |
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(5) | The Secretary of State may by regulations make provision about— |
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(a) | the procedure to be followed in connection with requests |
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(b) | consultation before making a resolution under subsection (1), |
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(c) | bringing such a resolution to the attention of those affected |
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(d) | varying, reviewing or appealing conditions imposed by |
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(6) | Regulations under subsection (5)(b) must, in particular, ensure that |
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the responsible authorities for the premises in the locality and the |
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holders of relevant premises licences for premises in the locality are |
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consulted before a resolution is made. |
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“existing relevant premises licence”, in relation to a resolution |
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to impose permitted conditions, means a relevant premises |
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licence granted before the coming into force of the resolution |
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and in effect, or capable of having effect, on the coming into |
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“permitted conditions” means such conditions relating to the |
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supply of alcohol as the Secretary of State may by order |
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“relevant premises licence” means a premises licence |
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authorising the supply of alcohol.” |
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Club premises certificates |
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Mandatory conditions relating to the supply of alcohol to members or guests |
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4 | After section 73 of the Licensing Act 2003 (c. 17) (certificate authorising |
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supply of alcohol for consumption off the premises) insert— |
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“73A | Mandatory conditions relating to the supply of alcohol to members or |
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Where a club premises certificate authorises the supply of alcohol to |
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members or guests, the certificate must include any conditions |
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specified in an order under section 73B and applicable to the |
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Power of Secretary of State to impose section 73A mandatory conditions |
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5 | After section 73A of that Act (as inserted by paragraph 4 above) insert— |
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“73B | Power of Secretary of State to impose section 73A mandatory |
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(1) | The Secretary of State may by order specify conditions relating to the |
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supply of alcohol to members or guests and applicable to all relevant |
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club premises certificates or relevant club premises certificates of a |
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particular description if the Secretary of State considers it |
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appropriate to do so for the promotion of the licensing objectives. |
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(2) | The number of conditions in force by virtue of subsection (1) in |
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relation to all relevant club premises certificates and the number of |
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conditions in force by virtue of that subsection in relation to relevant |
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club premises certificates of particular descriptions must not (when |
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added together) exceed at any time nine. |
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(3) | An order under subsection (1) may relate to existing or future |
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relevant club premises certificates. |
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(4) | Any conditions specified by an order under subsection (1) in relation |
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to existing relevant club premises certificates are to be treated as— |
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(a) | included in those certificates from the coming into force of |
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(b) | overriding any conditions already included in those |
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certificates (“the existing conditions”) so far as they are— |
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(i) | identical to the existing conditions, or |
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(ii) | inconsistent with, and more onerous than, the |
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| |
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“existing relevant club premises certificate”, in relation to an |
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order, means a relevant club premises certificate granted |
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before the coming into force of the order and in effect, or |
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capable of having effect, on its coming into force, |
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“future relevant club premises certificate”, in relation to an |
| |
order, means a relevant club premises certificate granted on |
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or after the coming into force of the order, |
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“relevant club premises certificate” means a club premises |
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certificate authorising the supply of alcohol to members or |
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Power of relevant licensing authorities to impose general conditions in particular localities |
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6 | After section 74 of that Act (mandatory condition: exhibition of films) |
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“74A | General conditions in particular localities |
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(1) | The relevant licensing authority may resolve to impose such |
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permitted conditions as it considers appropriate on existing relevant |
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club premises certificates in a particular locality in its area if it |
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(a) | there has been nuisance or annoyance to members of the |
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public, or a section of the public, or disorder, in or near the |
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| |
(b) | the nuisance, annoyance or disorder is associated with the |
| |
consumption of alcohol in the locality or with the |
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consumption of alcohol supplied at premises in the locality, |
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(c) | there is likely to be a repetition of nuisance, annoyance or |
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disorder that is so associated, and |
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(d) | it is appropriate to impose the conditions for the purposes of |
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mitigating or preventing the nuisance, annoyance or disorder |
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|
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(2) | Any conditions included in a resolution under subsection (1) which |
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is in force are to be treated as— |
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(a) | included in all the relevant club premises certificates in the |
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(b) | overriding any conditions already included in those |
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certificates (“the existing conditions”) so far as they are— |
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(i) | identical to the existing conditions, or |
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(ii) | inconsistent with, and more onerous than, the |
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(3) | The relevant licensing authority for premises in a locality must |
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consider whether to make a resolution under subsection (1) if any |
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responsible authority for the premises requests such a resolution. |
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(4) | Before deciding whether to make a resolution under subsection (1), |
| |
the relevant licensing authority must have regard to any guidance |
| |
issued under section 182 which is relevant. |
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(5) | The Secretary of State may by regulations make provision about— |
| |
(a) | the procedure to be followed in connection with requests |
| |
| |
(b) | consultation before making a resolution under subsection (1), |
| |
(c) | bringing such a resolution to the attention of those affected |
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(d) | varying, reviewing or appealing conditions imposed by |
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(6) | Regulations under subsection (5)(b) must, in particular, ensure that |
| |
the responsible authorities for the premises in the locality and the |
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holders of relevant club premises certificates for premises in the |
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locality are consulted before a resolution is made. |
| |
| |
“existing relevant club premises certificate”, in relation to a |
| |
resolution to impose permitted conditions, means a relevant |
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club premises certificate granted before the coming into force |
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of the resolution and in effect, or capable of having effect, on |
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the coming into force of the resolution, |
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“permitted conditions” means such conditions relating to the |
| |
supply of alcohol to members or guests as the Secretary of |
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State may by order specify, |
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“relevant club premises certificate” mean a club premises |
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certificate authorising the supply of alcohol to members or |
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