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Private Places of Entertainment (Licensing) Act 1967 (repealed)

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Version Superseded: 24/11/2005

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4 Enforcement.E+W

(1)If at any premises any entertainment in respect of which a licence is required under this Act is provided without such a licence being held in respect thereof, then—

(a)any person concerned in the organisation or management of that entertainment; and

(b)any other person who, knowing or having reasonable cause to suspect that such an entertainment would be so provided at those premises—

(i)allowed the premises to be used for the provision of that entertainment; or

(ii)let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the entertainment has been committed,

shall be guilty of an offence.

(2)If the terms, conditions or restrictions on or subject to which a licence in respect of any premises has been granted under this Act are contravened or not complied with, then—

(a)the holder of the licence; and

(b)any other person who, knowing or having reasonable cause to suspect that the premises would be used otherwise than in accordance with those terms, conditions or restrictions—

(i)allowed the premises to be so used; or

(ii)let the premises, or otherwise made the premises available, to any person by whom an offence in connection with that use of the premises has been committed,

shall be guilty of an offence.

[F1(3)Any person guilty of an offence under this section shall be liable on summary conviction—

(a)in the case of an offence to which subsection (3A) of this section applies, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding six months or to both;

(b)in any other case, to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(3A)This subsection applies to—

(a)any offence under subsection (1) of this section; and

(b)any offence under subsection (2) of this section where the terms, conditions or restrictions which are contravened or not complied with include one which imposes a limit on the number of persons who may be present at the entertainment.]

(4)If the holder of a licence under this Act is convicted by virtue of subsection (2) of this section then, subject to section 5 of this Act, the licensing authority may revoke the licence.

(5)Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Textual Amendments

Modifications etc. (not altering text)

C1S. 4: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B14

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