Local Government (Miscellaneous Provisions) Act 1982

Enforcement E+W

[F1 11A (1) This paragraph applies where the authority by whom an entertainments licence was granted under paragraph 1 above in respect of a place receive a report from the chief officer of police— E+W

(a) stating that there is a serious problem relating to the supply or use of controlled drugs at the place or at any place nearby which is controlled by the holder of the licence; and

(b) giving reasons for his view that there is such a problem.

(2) The authority may—

(a) revoke the licence; or

(b) impose terms, conditions or restrictions on or subject to which it is to be held,

on the ground that they are satisfied that to do so will significantly assist in dealing with the problem.

(3) The authority shall give the reasons for their revocation of the licence, or the imposition of the terms, conditions or restrictions, to the holder of the licence who may make representations to the authority; and the authority shall consider any representations within the period of 21 days beginning with the day on which they receive them.

(4) After considering any representations, the authority shall (unless the date of expiry of the licence has passed) either—

(a) confirm that the licence remains revoked or continues to have effect on or subject to the terms, conditions or restrictions which have been imposed; or

(b) reinstate the licence or determine that it has effect free of those terms, conditions or restrictions.

(5) The authority shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.]

Textual Amendments

F1 Sch. 1 para. 11A inserted (1.5.1998) by 1997 c. 49, s. 1(4); S.I. 1998/1009, art. 2

12 (1) If any entertainment to which paragraph 1, 2 or 3 above applies is provided at any place in respect of which a licence under the relevant paragraph is not in force, then, subject to sub-paragraph (3) below— E+W

(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 the place,—

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

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

shall be guilty of an offence . . . F2

(2) If any place in respect of which a licence under paragraph 1, 2 or 4 above is in force is used for any entertainment otherwise than in accordance with the terms, conditions or restrictions on or subject to which the licence is held, then, subject to sub-paragraph (3) and to paragraph 13 below,—

(a) the holder of the licence; and

(b) any other person who, knowing or having reasonable cause to suspect that the place would be so used,—

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

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

shall be guilty of an offence . . . F2

[F3 (2A) Any person guilty of an offence under sub-paragraph (1) or (2) above shall be liable on summary conviction—

(a) in the case of an offence to which sub-paragraph (2B) below 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 5 on the standard scale.

(2B) This sub-paragraph applies to—

(a) any offence under sub-paragraph (1) above where the entertainment provided is entertainment to which paragraph 1 or 3 above applies; and

(b) any offence under sub-paragraph (2) above where the licence in force is a licence under paragraph 1 or 4 above and 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.]

(3) It shall be a defence for a person charged with an offence under this paragraph to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

[F4 (3A) It shall be a defence for a person charged with an offence under this paragraph to show that he holds a licence issued by the Security Industry Authority under section 8 of the Private Security Industry Act 2001 (c. 12) entitling him to act as a door supervisor or that the person he employed as a door supervisor holds such a licence and, in either case, that any conditions applicable to the licence were observed.]

(4) Subject to paragraph 17 below, the authority by whom an entertainments licence was granted may revoke it if its holder is convicted of an offence under sub-paragraph (2)(a) above.

[F5 (5) Where a person is convicted by a court of an offence under sub-paragraph (2) above in relation to a licence under paragraph 1 above in respect of a place, the court may revoke the licence if satisfied that—

(a) there is a serious problem relating to the supply or use of controlled drugs at the place or at any place nearby which is controlled by the holder of the licence; and

(b) it will significantly assist in dealing with the problem to revoke the licence;

and the standard of proof for the purposes of this sub-paragraph is that applicable in civil proceedings.]

Textual Amendments

F2 Words repealed by virtue of Entertainments (Increased Penalties) Act 1990 (c. 20, SIF 45A), s. 1(3)(a)

F3 Sch. 1 para. 12(2A)(2B) inserted by Entertainments (Increased Penalties) Act 1990 (c. 20, SIF 45A), s. 1(3)(b)

F4 Sch. 1 para. 12(3A) inserted (19.4.2004) by The Private Security Industry Act 2001 (Modification of Local Enactments) Order 2004 (S.I. 2004/916), arts. 1, 4

F5 Sch. 1 para. 12(5) inserted (1.5.1998) by 1997 c. 49, s. 1(5); S.I. 1998/1009, art. 2 (with art. 3)

13 E+W Where—

(a) a special order of exemption has been granted in respect of premises under section 74(4) of the M1 Licensing Act 1964; and

(b) the premises form all or part of a place in respect of which a licence under paragraph 1 above is for the time being in force,

no person shall be guilty of an offence under paragraph 12(2) above by reason only of those premises being kept open on that special occasion for any of the purposes authorised by the licence after the latest hour so authorised but not later than the hour specified in that special order of exemption as the hour for closing.

Marginal Citations

M1 1964 c. 26.

[F6 13A (1) Sub-paragraph (2) below applies where— E+W

(a) the Special Occasions licensing hours are (subject to any Special Occasions restriction order) to be added to the permitted hours in any premises, and

(b) the premises form all or part of a place in respect of which a licence under paragraph 1 above is for the time being in force.

(2) No person shall be guilty of an offence under paragraph 12(2) above by reason only of the premises being kept open on New Year’s Eve for any of the purposes authorised by the licence after the latest hour so authorised.

(3) For the purposes of sub-paragraph (2) above, “New Year’s Eve”—

(a) does not include any time specified in a Special Occasions restriction order as not to be added to the permitted hours, but

(b) otherwise, includes any period immediately following New Year’s Eve during which the Special Occasions licensing hours continue.

(4) Where, by virtue of a Special Occasions restriction order, the permitted hours together with any of the Special Occasions licensing hours to be added to them end at different times in different parts of the premises, each part shall be treated as separate premises for the purposes of this paragraph.

(5) In this paragraph expressions used in the Regulatory Reform (Special Occasions Licensing) Order 2001 shall have the same meaning as in that Order.]

Textual Amendments

F6 Sch. 1 para. 13A inserted (21.11.2002) by The Regulatory Reform (Special Occasions Licensing) Order 2002 (S.I. 2002/3205), art. 4

14 (1) Where— E+W

(a) a constable; or

(b) an authorised officer of the appropriate authority; or

(c) an authorised officer of the fire authority,

has reason to believe that an entertainment to which paragraph 1, 2 or 3 above applies is being, or is about to be, given in any place in respect of which an entertainments licence is for the time being in force, he may enter the place with a view to seeing whether the terms, conditions or restrictions on or subject to which the licence is held are complied with.

(2) An authorised officer of the fire authority may, on giving not less than 24 hours’ notice to the occupier of any place in respect of which an entertainments licence is for the time being in force, enter the place for the purpose of—

(a) inspecting the place to ensure that there are adequate fire precautions; and

(b) seeing whether the terms, conditions or restrictions relating to fire precautions on or subject to which the licence is held are being complied with.

(3) A constable or authorised officer of the appropriate authority may enter any place in respect of which he has reason to suspect that an offence under paragraph 12 above is being committed if authorised to do so by a warrant granted by a justice of the peace.

(4) Where an authorised officer of the appropriate authority or of the fire authority enters any place in exercise of any power under this paragraph he shall, if required to do so by the occupier, produce to him his authority.

(5) Any person who without reasonable excuse refuses to permit a constable or officer to enter or inspect any place in accordance with the provisions of this paragraph shall be guilty of an offence and shall for every such refusal be liable on summary conviction to a fine not exceeding [F7 level 3 on the standard scale].

Textual Amendments

F7 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46