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Session 2002 - 03 Internet Publications Other Bills before Parliament

Licensing Bill [HL]

Licensing Bill [HL] Part 9 — Miscellaneous and supplementary     102
Interpretation
185   Location of sales
(1)    This section applies where the place where a contract for the sale of alcohol is
made is different from the place where the alcohol is appropriated to the
contract.	5
(2)    For the purposes of this Act the sale of alcohol is to be treated as taking place
where the alcohol is appropriated to the contract.
186   Meaning of “alcohol”
(1)    In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented,
distilled or spirituous liquor, but does not include—	10
(a)           alcohol which is of a strength not exceeding 0.5% at the time of the sale
or supply in question,
(b)           perfume,
(c)           flavouring essences recognised by the Commissioners of Customs and
Excise as not being intended for consumption as or with dutiable	15
alcoholic liquor,
(d)           the aromatic flavouring essence commonly known as Angostura
bitters,
(e)           alcohol which is, or is included in, a medicinal product,
(f)           denatured alcohol,	20
(g)           methyl alcohol,
(h)           naphtha, or
(i)           alcohol contained in liqueur confectionery.
(2)    In this section—
“denatured alcohol” has the same meaning as in section 5 of the Finance	25
Act 1995 (c. 4);
“dutiable alcoholic liquor” has the same meaning as in the Alcoholic
Liquor Duties Act 1979 (c. 4);
“liqueur confectionery” means confectionery which—
(a)                 contains alcohol in a proportion not greater than 0.2 litres of	30
alcohol (of a strength not exceeding 57%) per kilogram of the
confectionery, and
(b)                 either consists of separate pieces weighing not more than 42g or
is designed to be broken into such pieces for the purpose of
consumption;	35
“medicinal product” has the same meaning as in section 130 of the
Medicines Act 1968 (c. 67); and
“strength” is to be construed in accordance with section 2 of the Alcoholic
Liquor Duties Act 1979.
187   Meaning of “sale by retail”	40
(1)    For the purposes of this Act “sale by retail”, in relation to any alcohol, means a
sale of alcohol to any person, other than a sale of alcohol that—
(a)           is within subsection (2),
Licensing Bill [HL] Part 9 — Miscellaneous and supplementary     103
(b)           is made from premises owned by the person making the sale, or
occupied by him under a lease to which the provisions of Part 2 of the
Landlord and Tenant Act 1954 (c. 56) (security of tenure) apply, and
(c)           if made for consumption off the premises.
(2)    A sale of alcohol is within this subsection if it is—	5
(a)           to a trader for the purposes of his trade,
(b)           to a club, which holds a club premises certificate, for the purposes of
that club,
(c)           to the holder of a personal licence for the purpose of making sales
authorised by a premises licence,	10
(d)           to the holder of a premises licence for the purpose of making sales
authorised by that licence, or
(e)           to the premises user in relation to a temporary event notice for the
purpose of making sales authorised by that notice.
188   Other definitions	15
In this Act—
“beer” has the same meaning as in the Alcoholic Liquor Duties Act 1979
(c. 4);
“cider” has the same meaning as in that Act;
“crime prevention objective” means the licensing objective mentioned in	20
section 4(2)(a) (prevention of crime and disorder);
“licensed premises” means premises in respect of which a premises
licence has effect;
“licensing functions” is to be construed in accordance with section 4(1);
“order”, except so far as the contrary intention appears, means an order	25
made by the Secretary of State;
“premises” means any place and includes a vehicle, vessel or moveable
structure;
“prescribed” means prescribed by regulations;
“recognised club” means a club which satisfies conditions 1 to 3 of the	30
general conditions in section 61;
“regulations” means regulations made by the Secretary of State;
“vehicle” means a vehicle intended or adapted for use on roads;
“vessel” includes a ship, boat, raft or other apparatus constructed or
adapted for floating on water;	35
“wine” means—
(a)                 “wine” within the meaning of the Alcoholic Liquor Duties Act
1979, and
(b)                 “made-wine” within the meaning of that Act;
“working day” means any day other than a Saturday, a Sunday,	40
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 (c. 80) in England and Wales.
189   Index of defined expressions
In this Act the following expressions are defined or otherwise explained by the
provisions indicated—	45
Licensing Bill [HL] Part 9 — Miscellaneous and supplementary     104
Expression Interpretation provision     alcohol section 186     associate member section 66(2)     authorised person, in Part 3 section 13     authorised person, in Part 4 section 68   5   beer section 188     cider section 188     club premises certificate section 59     conviction (in Part 6) section 112     crime prevention objective section 188   10   designated premises supervisor section 15     foreign offence section 111     given, in relation to a notice, etc. section 179     guest section 66     interested party, in Part 3 section 13   15   interested party, in Part 4 section 68     interim authority notice section 46     late night refreshment Schedule 2     licensable activity section 1(1)     licensed premises section 188   20   licensing authority section 3(1)     licensing authority’s area section 3(2)     licensing functions sections 4(1) and 188     licensing objectives section 4(2)     order section 188   25   permitted temporary activity section 96     personal licence section 109(1)     premises section 188     premises licence section 11     premises user, in relation to a temporary event section 98(2)   30   notice
Licensing Bill [HL] Part 9 — Miscellaneous and supplementary     105
Expression Interpretation provision     prescribed section 188     provisional statement section 28(3)     qualifying club section 60     qualifying club activity section 1(2)   5   recognised club section 188     regulated entertainment Schedule 1     regulations section 188     relevant licensing authority, in Part 3 section 12     relevant licensing authority, in Part 4 section 67   10   relevant licensing authority, in Part 5 section 97     relevant licensing authority, in Part 6 section 110     relevant offence, in Part 6 section 111     responsible authority, in Part 3 section 13     responsible authority, in Part 4 section 68   15   sale by retail, in relation to alcohol section 187     secretary, in Part 4 section 69     supply of alcohol, in Part 3 section 14     supply of alcohol to members or guests, in section 69     relation to a club, in Part 4     20   temporary event notice section 98(1)     vehicle section 188     vessel section 188     wine section 188     working day section 188   25
Supplementary and general
190   Crown application
(1)    This Act binds the Crown and has effect in relation to land in which there is—
(a)           an interest belonging to Her Majesty in right of the Crown,
(b)           an interest belonging to a government department, or	30
(c)           an interest held in trust for Her Majesty for the purposes of such a
department.
Licensing Bill [HL] Part 9 — Miscellaneous and supplementary     106
(2)    This Act also applies to—
(a)           land which is vested in, but not occupied by, Her Majesty in right of the
Duchy of Lancaster, and
(b)           land which is vested in, but not occupied by, the possessor for the time
being of the Duchy of Cornwall.	5
(3)    No contravention by the Crown of any provision made by or under this Act
makes the Crown criminally liable; but the High Court may declare unlawful
any act or omission of the Crown which constitutes such a contravention.
(4)    Provision made by or under this Act applies to persons in the public service of
the Crown as it applies to other persons.	10
(5)    But nothing in this Act affects Her Majesty in Her private capacity.
191   Removal of privileges and exemptions
No privilege or exemption mentioned in section 199(a) or (b) of the Licensing
Act 1964 (c. 26) (University of Cambridge and the Vintners of the City of
London) operates to exempt any person from the requirements of this Act.	15
192   Regulations and orders
(1)    Any power of the Secretary of State to make regulations or an order under this
Act is exercisable by statutory instrument.
(2)    Regulations or an order under this Act—
(a)           may include incidental, supplementary, consequential or transitional	20
provision or savings;
(b)           may make provision generally or only in relation to specified cases;
(c)           may make different provision for different purposes.
(3)    A statutory instrument containing regulations or an order under this Act, other
than one containing—	25
(a)           an order under section 5(2) (order appointing start of first period for
which statement of licensing policy to be prepared),
(b)           an order under section 169 (relaxation of opening hours for special
occasions),
(c)           an order under section 173(3) (order amending definition of “excluded	30
premises” where alcohol sales are prohibited),
(d)           an order under section 196 (commencement), or
(e)           an order under paragraph 4 of Schedule 1 (power to amend meaning of
regulated entertainment),
is subject to annulment in pursuance of a resolution of either House of	35
Parliament.
(4)    A statutory instrument containing an order within subsection (3)(b), (c) or (e)
is not to be made unless a draft of the instrument containing the order has been
laid before and approved by a resolution of each House of Parliament.
(5)    If a draft of an order within subsection (3)(b) would, apart from this subsection,	40
be treated for the purposes of the Standing Orders of either House of
Parliament as a hybrid instrument, it is to proceed in that House as if it were
not such an instrument.

© Parliamentary copyright 2002	Revised 20 November 2002