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(1)If any occupier or other person concerned in the conduct or management of premises in the borough which are not currently licensed by the council under this Part of this Act—
(a)uses them as near beer premises; or
(b)permits them to be so used knowing or having reasonable cause to suspect that they are not currently so licensed;
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
(2)If any premises in respect of which a near beer licence is in force are used as near beer premises otherwise than in accordance with the terms, conditions or restrictions on or subject to which the near beer licence is held then the holder of the licence or other person concerned in the conduct or management of the premises shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3)Subject to section 23 (Appeals under Part IV) of this Act, the council may revoke a near beer licence if its holder is convicted of an offence under subsection (2) above.
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