Licensing (Occasional Permissions) Act 1983

Section 3.

SCHEDULE E+W Offences

Interpretation E+W

1 (1) In this Schedule “authorised premises”, in relation to an occasional permission, means any place where the sale of intoxicating liquor is for the time being authorised by the permission. E+W

(2) Any reference in this Schedule to an agent of the holder of an occasional permission includes a reference to any person assisting the holder of the permission with the sale of intoxicating liquor in the authorised premises.

False statements in applications E+W

2 Any person who in an application for an occasional permission knowingly or recklessly makes any statement which is false in a material respect shall be guilty of an offence. E+W

Failure to comply with conditions or produce permission E+W

3 Any holder of an occasional permission who— E+W

(a) fails to comply with a condition attached to it under section 1(3) of this Act, or

(b) on being ordered by a constable to produce it for examination, fails to do so within a reasonable time,

shall be guilty of an offence.

Sale of liquor to persons under 18 E+W

4 (1) In any authorised premises the holder of the occasional permission or any agent of his shall not— E+W

(a) knowingly sell intoxicating liquor to a person under eighteen, or

(b) knowingly allow a person under eighteen to consume intoxicating liquor in a bar,

and in those premises the holder of the permission shall not knowingly allow any person to sell intoxicating liquor to a person under eighteen.

(2) A person under eighteen shall not in any authorised premises buy or attempt to buy intoxicating liquor, nor consume intoxicating liquor in a bar.

(3) No person shall buy or attempt to buy intoxicating liquor for consumption in a bar in any authorised premises by a person under eighteen.

(4) Sub-paragraphs (1) and (2) above do not prohibit the sale to or purchase by a person who has attained the age of sixteen of beer, porter, cider or perry for consumption at a meal in a part of the premises which is set apart for the service of meals and is not a bar.

(5) Any person who contravenes any provision of this paragraph shall be guilty of an offence.

(6) Where, as regards any authorised premises, the holder of the occasional permission is charged with an offence under sub-paragraph (1) above in a case in which it is proved or admitted that he did not personally have the knowledge required for the commission of the offence charged, he shall not be convicted of the offence on the basis of another’s knowledge if he proves that he exercised all due diligence to avoid the commission of an offence under that sub-paragraph.

(7) References in sub-paragraphs (1) to (3) above to a bar do not include a bar at any time when it is—

(a) set apart for the service of table meals; and

(b) not used for the sale or supply of intoxicating liquor otherwise than to persons having table meals there and for consumption by such persons as ancillary to their meals.

Sale or serving of liquor by persons under 18 E+W

5 (1) Any holder of an occasional permission who allows any person under eighteen to sell or serve any intoxicating liquor in the authorised premises shall be guilty of an offence. E+W

(2) Where in any proceedings under this paragraph it is alleged that a person was at any time under eighteen, and he appears to the court to have then been under that age, he shall be deemed for the purposes of the proceedings to have then been under that age unless the contrary is proved.

Holder of permission not to allow drunkenness etc. E+W

6 (1) The holder of an occasional permission shall not permit drunkenness or any violent, quarrelsome or riotous conduct to take place in the authorised premises. E+W

(2) The holder of an occasional permission shall not sell intoxicating liquor to a drunken person.

(3) Any person who contravenes this paragraph shall be guilty of an offence.

(4) WHere, as regards any authorised premises, the holder of the occasional permission is charged with permitting drunkenness contrary to sub-paragraph (1) above in a case in which it is proved that any person was drunk in the premises, the burden of proving that the holder of the permission and his agents took all reasonable steps for preventing drunkenness in the premises shall lie upon him.

Procuring drink for a drunken person E+W

7 Any person who E+W

(a) in any authorised premises procures or attempts to procure any intoxicating liquor for consumption by a drunken person, or

(b) aids a drunken person in obtaining or consuming intoxicating liquor in any authorised premises,

shall be guilty of an offence.

Power to exclude drunkards etc. from authorised premises E+W

8 (1) Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, the holder of an occasional permission may refuse to admit to, or may expel from, the authorised premises any person who is drunken, violent, quarrelsome or disorderly or whose presence in the authorised premises would subject the holder of the permission to a penalty under this Schedule. E+W

(2) Any person liable to be expelled from any authorised premises under this paragraph who, when requested by the holder of the occasional permission or any agent of his or any constable to leave the premises, fails to do so shall be guilty of an offence.

(3) Any constable shall, on the demand of the holder of an occasional permission or any agent of his, help to expel from the authorised premises any person liable to be expelled from them under this paragraph, and may use such force as may be required for the purpose.

Right of constables to enter premises E+W

9 (1) For the purpose of preventing or detecting the commission of any offence under this Schedule a constable may enter any authorised premises at any time during the hours specified in the occasional permission under section 1(3)(c) of this Act. E+W

(2) Any person who, whether himself or by any person acting with his consent, fails to admit a constable who demands entry to premises in pursuance of this paragraph shall be guilty of an offence.

Penalties for offences E+W

10 Any person guilty of an offence under this Schedule shall be liable on summary conviction— E+W

(a) in the case of an offence under paragraph 2, 3(a) or 4(2) or (3) above, to a fine not exceeding the third level on the standard scale F1 . . .;

(b) in the case of an offence under paragraph 4(1), 5 or 6 above, to a fine not exceeding the second level on that scale; and

(c) in the case of an offence under paragraph 3(b), 7, 8(2) or 9(2) above, to a fine not exceeding the first level on that scale.

Annotations:

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Amendments (Textual)

F1 Words in Sch. para. 10(a) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XIV Group 2.

Proof of sale or consumption of intoxicating liquor E+W

11 (1) Evidence that a transaction in the nature of a sale of intoxicating liquor took place shall, in any proceedings relating to an offence under this Schedule, be evidence of the sale of the liquor without proof that money passed. E+W

(2) Evidence that consumption of intoxicating liquor was about to take place shall in any such proceedings be evidence of the consumption of intoxicating liquor without proof of actual consumption.

(3) Evidence that any person, other than the holder of an occasional permission or any agent of his, consumed or intended to consume intoxicating liquor in the authorised premises shall be evidence that the liquor was sold by or on behalf of the holder of the permission to that person.