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(i) the premises user, or | |
(ii) any individual aged 18 or over who is authorised for the | |
purposes of this section by the premises user. | |
151 Enforcement role for weights and measures authorities | |
(1) It is the duty of every local weights and measures authority in England and | 5 |
Wales to enforce within its area the provisions of sections 143 and 144, so far as | |
they apply to sales of alcohol made on or from premises to which the public | |
have access. | |
(2) A weights and measures inspector may make, or authorise any person to make | |
on his behalf, such purchases of goods as appear expedient for the purpose of | 10 |
determining whether those provisions are being complied with. | |
Confiscation of alcohol | |
152 Confiscation of sealed containers of alcohol | |
(1) In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) | |
(right to require surrender of alcohol)— | 15 |
(a) in subsection (1), omit the words “(other than a sealed container)”, | |
(b) after that subsection insert— | |
“(1A) But a constable may not under subsection (1) require a person | |
to surrender any sealed container unless the constable | |
reasonably believes that the person is, or has been, consuming, | 20 |
or intends to consume, alcohol in any relevant place.”, and | |
(c) in subsection (6), after “subsection (1)” insert “and (1A)”. | |
(2) In section 12(2)(b) of the Criminal Justice and Police Act 2001 (c. 16) (right to | |
require surrender of alcohol), omit the words “(other than a sealed container)”. | |
Vehicles and trains | 25 |
153 Prohibition on sale of alcohol on moving vehicles | |
(1) A person commits an offence under this section if he sells by retail alcohol on | |
or from a vehicle at a time when the vehicle is not permanently or temporarily | |
parked. | |
(2) A person guilty of an offence under this section is liable on summary | 30 |
conviction to imprisonment for a term not exceeding three months or to a fine | |
not exceeding £20,000, or to both. | |
(3) In proceedings against a person for an offence under this section, it is a defence | |
that— | |
(a) his act was due to a mistake, or to reliance on information given to him, | 35 |
or to an act or omission by another person, or to some other cause | |
beyond his control, and | |
(b) he took all reasonable precautions and exercised all due diligence to | |
avoid committing the offence. | |
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154 Power to prohibit sale of alcohol on trains | |
(1) A magistrates’ court acting for a petty sessions area may make an order | |
prohibiting the sale of alcohol, during such period as may be specified, on any | |
railway vehicle— | |
(a) at such station or stations as may be specified, being stations in that | 5 |
area, or | |
(b) travelling between such stations as may be specified, at least one of | |
which is in that area. | |
(2) A magistrates’ court may make an order under this section only on the | |
application of a senior police officer. | 10 |
(3) A magistrates’ court may not make not make such an order unless it is satisfied | |
that the order is necessary to prevent disorder. | |
(4) Where an order is made under this section, the responsible senior police officer | |
must, forthwith, serve a copy of the order on the train operator (or each train | |
operator) affected by the order. | 15 |
(5) A person commits an offence if he knowingly— | |
(a) sells or attempts to sell alcohol in contravention of an order under this | |
section, or | |
(b) allows the sale of alcohol in contravention of such an order. | |
(6) A person guilty of an offence under this section is liable on summary | 20 |
conviction to imprisonment for a term not exceeding three months or to a fine | |
not exceeding £20,000, or to both. | |
(7) In this section— | |
“railway vehicle” has the meaning given by section 83 of the Railways Act | |
1993 (c. 43); | 25 |
“responsible senior police officer”, in relation to an order under this | |
section, means the senior police officer who applied for the order or, if | |
the chief officer of police of the force in question has designated another | |
senior police officer for the purpose, that other officer; | |
“senior police officer” means a police officer of, or above, the rank of | 30 |
inspector; | |
“specified” means specified in the order under this section; | |
“station” has the meaning given by section 83 of the Railways Act 1993; | |
and | |
“train operator” means a person authorised by a licence under section 8 of | 35 |
that Act to operate railway assets (within the meaning of section 6 of | |
that Act). | |
False statement relating to licensing etc. | |
155 False statements made for the purposes of this Act | |
(1) A person commits an offence if he knowingly or recklessly makes a false | 40 |
statement in or in connection with— | |
(a) an application for the grant, variation, transfer or review of a premises | |
licence or club premises certificate, | |
(b) an application for a provisional statement, | |
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(c) a temporary event notice, an interim authority notice or any other | |
notice under this Act, or | |
(d) an application for the grant or renewal of a personal licence. | |
(2) For the purposes of subsection (1) a person is to be treated as making a false | |
statement if he produces, furnishes, signs or otherwise makes use of a | 5 |
document that contains a false statement. | |
(3) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 5 on the standard scale. | |
Interpretation | |
156 Interpretation of Part 7 | 10 |
In this Part— | |
“authorisation” has the meaning given in section 134(3); | |
“relevant premises” means— | |
(a) licensed premises, or | |
(b) premises in respect of which there is in force a club premises | 15 |
certificate, or | |
(c) premises which may be used for a permitted temporary activity | |
by virtue of Part 5; | |
“table meal” means a meal eaten by a person seated at a table, or at a | |
counter or other structure which serves the purpose of a table and is not | 20 |
used for the service of refreshments for consumption by persons not | |
seated at a table or structure serving the purpose of a table; and | |
“weights and measures inspector” means an inspector of weights and | |
measures appointed under section 72(1) of the Weights and Measures | |
Act 1985 (c. 72). | 25 |
Part 8 | |
Closure of premises | |
Closure of premises in an identified area | |
157 Orders to close premises in area experiencing disorder | |
(1) Where there is or is expected to be disorder in any petty sessions area, a | 30 |
magistrates’ court acting for the area may make an order requiring all | |
premises— | |
(a) which are situated at or near the place of the disorder or expected | |
disorder, and | |
(b) in respect of which a premises licence or a temporary event notice has | 35 |
effect, | |
to be closed for a period, not exceeding 24 hours, specified in the order. | |
(2) A magistrates’ court may make an order under this section only on the | |
application of a police officer who is of the rank of superintendent or above. | |
(3) A magistrates’ court may not make such an order unless it is satisfied that it is | 40 |
necessary to prevent disorder. | |
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(4) Where an order is made under this section, a person to whom subsection (5) | |
applies commits an offence if he knowingly keeps any premises to which the | |
order relates open, or allows any such premises to be kept open, during the | |
period of the order. | |
(5) This subsection applies— | 5 |
(a) to any manager of the premises, | |
(b) in the case of licensed premises, to— | |
(i) the holder of a premises licence in respect of the premises, and | |
(ii) the designated premises supervisor (if any) under such a | |
licence, and | 10 |
(c) in the case of premises in respect of which a temporary event notice has | |
effect, to the premises user in relation to that notice. | |
(6) A person guilty of an offence under subsection (4) is liable on summary | |
conviction to a fine not exceeding level 3 on the standard scale. | |
(7) A constable may use such force as may be necessary for the purpose of closing | 15 |
premises ordered to be closed under this section. | |
Closure of identified premises | |
158 Closure orders for identified premises | |
(1) A senior police officer may make a closure order in relation to any relevant | |
premises if he reasonably believes that— | 20 |
(a) there is, or is likely imminently to be, disorder on, or in the vicinity of | |
and related to, the premises and their closure is necessary in the | |
interests of public safety, or | |
(b) a public nuisance is being caused by noise coming from the premises | |
and the closure of the premises is necessary to prevent that nuisance. | 25 |
(2) A closure order is an order under this section requiring relevant premises to be | |
closed for a period not exceeding 24 hours beginning with the coming into | |
force of the order. | |
(3) In determining whether to make a closure order in respect of any premises, the | |
senior police officer must have regard, in particular, to the conduct of each | 30 |
appropriate person in relation to the disorder or disturbance. | |
(4) A closure order must— | |
(a) specify the premises to which it relates, | |
(b) specify the period for which the premises are to be closed, | |
(c) specify the grounds on which it is made, and | 35 |
(d) state the effect of sections 159 to 165. | |
(5) A closure order in respect of any relevant premises comes into force at the time | |
a constable gives notice of it to an appropriate person who is connected with | |
any of the activities to which the disorder or nuisance relates. | |
(6) A person commits an offence if, without reasonable excuse, he permits relevant | 40 |
premises to be open in contravention of a closure order or any extension of it. | |
(7) A person guilty of an offence under subsection (6) is liable on summary | |
conviction to imprisonment for a term not exceeding three months or to a fine | |
not exceeding £20,000, or to both. | |
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(8) In this section— | |
“relevant premises” means premises in respect of which one or more of | |
the following have effect— | |
(a) a premises licence, | |
(b) a temporary event notice; and | 5 |
“senior police officer” means a police officer of, or above, the rank of | |
inspector. | |
159 Extension of closure order | |
(1) Where, before the end of the period for which relevant premises are to be | |
closed under a closure order or any extension of it (“the closure period”), the | 10 |
responsible senior police officer reasonably believes that— | |
(a) a relevant magistrates’ court will not have determined whether to | |
exercise its powers under section 162(2) in respect of the closure order, | |
and any extension of it, by the end of the closure period, and | |
(b) the conditions for an extension are satisfied, | 15 |
he may extend the closure period for a further period not exceeding 24 hours | |
beginning with the end of the previous closure period. | |
(2) The conditions for an extension are that— | |
(a) in the case of an order made by virtue of section 158(1)(a), closure is | |
necessary in the interests of public safety because of disorder or likely | 20 |
disorder on, or in the vicinity of and related to, the premises, | |
(b) in the case of an order made by virtue of section 158(1)(b), closure is | |
necessary to ensure that no public nuisance is, or is likely to be, caused | |
by noise coming from the premises. | |
(3) An extension in relation to any relevant premises comes into force when a | 25 |
constable gives notice of it to an appropriate person connected with any of the | |
activities to which the disorder or nuisance relates or is expected to relate. | |
(4) But the extension does not come into force unless the notice is given before the | |
end of the previous closure period. | |
160 Cancellation of closure order | 30 |
(1) The responsible senior police officer may cancel a closure order and any | |
extension of it at any time— | |
(a) after the making of the order, but | |
(b) before a relevant magistrates’ court has determined whether to exercise | |
its powers under section 162(2) in respect of the order and any | 35 |
extension of it. | |
(2) The responsible senior police officer must cancel a closure order and any | |
extension of it if he does not reasonably believe that— | |
(a) in the case of an order made by virtue of section 158(1)(a), closure is | |
necessary in the interests of public safety because of disorder or likely | 40 |
disorder on, or in the vicinity of and related to, the premises, | |
(b) in the case of an order made by virtue of section 158(1)(b), closure is | |
necessary to ensure that no public nuisance is, or is likely to be, caused | |
by noise coming from the premises. | |
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(3) Where a closure order and any extension of it are cancelled under this section, | |
the responsible senior police officer must give notice of the cancellation to an | |
appropriate person connected with any of the activities related to the disorder | |
(or anticipated disorder) or nuisance in respect of which the closure order was | |
made. | 5 |
161 Application to magistrates’ court by police | |
(1) The responsible senior police officer must, as soon as reasonably practicable | |
after a closure order comes into force in respect of any relevant premises, apply | |
to a relevant magistrates court for it to consider the order and any extension of | |
it. | 10 |
(2) Where an application is made under this section in respect of licensed | |
premises, the responsible senior officer must also notify the relevant licensing | |
authority— | |
(a) that a closure order has come into force, | |
(b) of the contents of the order and of any extension of it, and | 15 |
(c) of the application under subsection (1). | |
162 Consideration of closure order by magistrates’ court | |
(1) A relevant magistrates’ court must as soon as reasonably practicable after | |
receiving an application under section 161(1)— | |
(a) hold a hearing to consider whether it is appropriate to exercise any of | 20 |
the court’s powers under subsection (2) in relation to the closure order | |
or any extension of it, and | |
(b) determine whether to exercise any of those powers. | |
(2) The relevant magistrates’ court may— | |
(a) revoke the closure order and any extension of it; | 25 |
(b) order the premises to remain or to be closed until such time as the | |
relevant licensing authority has made a determination in respect of the | |
order for the purposes of section 164; | |
(c) order the premises to remain or to be closed until that time subject to | |
such exceptions as may be specified in the order; | 30 |
(d) order the premises to remain or to be closed until that time unless such | |
conditions as may be specified in the order are satisfied. | |
(3) In determining whether the premises will be, or will remain, closed the | |
relevant magistrates’ court must, in particular, consider whether— | |
(a) in the case of an order made by virtue of section 158(1)(a), closure is | 35 |
necessary in the interests of public safety because of disorder or likely | |
disorder on the premises, or in the vicinity of and related to, the | |
premises; | |
(b) in the case of an order made by virtue of section 158(1)(b), closure is | |
necessary to ensure that no public nuisance is, or is likely to be, caused | 40 |
by noise coming from the premises. | |
(4) In the case of licensed premises, the relevant magistrates’ court must notify the | |
relevant licensing authority of any determination it makes under subsection | |
(1)(b). | |
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(5) Subsection (2) does not apply if, before the relevant magistrates’ court | |
discharges its functions under that subsection, the premises cease to be | |
relevant premises. | |
(6) Any order made under subsection (2) ceases to have effect if the premises cease | |
to be relevant premises. | 5 |
(7) A person commits an offence if, without reasonable excuse, he permits relevant | |
premises to be open in contravention of an order under subsection (2)(b), (c) or | |
(d). | |
(8) A person guilty of an offence under subsection (7) is liable on summary | |
conviction to imprisonment for a term not exceeding three months or to a fine | 10 |
not exceeding £20,000, or to both. | |
(9) The powers conferred on a magistrates’ court by this section are to be exercised | |
in the place required by the Magistrates’ Courts Act 1980 (c. 43) for the hearing | |
of a complaint and may be exercised by a single justice. | |
(10) Evidence given for the purposes of proceedings under this section must be | 15 |
given on oath. | |
163 Appeal from decision of magistrates’ court | |
(1) Any person aggrieved by a decision of a magistrates’ court under section 162 | |
may appeal to the Crown Court against the decision. | |
(2) An appeal under subsection (1) must be commenced by notice of appeal given | 20 |
by the appellant to the justices’ chief executive for the magistrates’ court within | |
the period of 21 days beginning with the day the decision appealed against was | |
made. | |
164 Review of premises licence following closure order | |
(1) This section applies where— | 25 |
(a) a closure order has come into force in relation to premises in respect of | |
which a premises licence has effect, and | |
(b) the relevant licensing authority has received a notice under section | |
162(4) (notice of magistrates’ court’s determination), in relation to the | |
order and any extension of it. | 30 |
(2) The relevant licensing authority must review the premises licence. | |
(3) The authority must reach a determination on the review no later than 28 days | |
after the day on which it receives the notice mentioned in subsection (1)(b). | |
(4) Regulations may— | |
(a) require the relevant licensing authority to give, to the holder of the | 35 |
premises licence and each responsible authority, notice of— | |
(i) the review, | |
(ii) the closure order and any extension of it, and | |
(iii) any order made in relation to it under section 162(2); | |
(b) require the authority to advertise the review and invite representations | 40 |
about it to be made to the authority by responsible authorities and | |
interested parties; | |
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