72Soliciting for custom
(1)Section 22 (soliciting for custom) of the London Local Authorities Act 2004 (c. i) is amended as follows.
(2)For subsection (1) substitute—
“(1)Subject to the following provisions of this section, it is an offence in the area of a borough council to solicit persons, or to permit the soliciting of persons, to attend premises—
(a)if the impression is given, by the soliciting, that licensable activities, within the meaning of section 1 of the Licensing Act 2003 (c. 17), are carried on or from the premises;
(b)which are a sex establishment within the meaning of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (if that Schedule has effect in the borough).”.
(3)After subsection (2), the following subsection is inserted—
“(2A)It shall be a defence in any proceedings for an offence under subsection (1)(a) if the premises concerned were licensed under Part 3 of the Licensing Act 2003 (c. 17) at the time of the alleged offence.”.
(4)Subsection (4) is omitted.