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Policing and Crime Act 2009

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This is the original version (as it was originally enacted).

Power of Secretary of State to impose section 73A mandatory conditions

This section has no associated Explanatory Notes

4After section 73A of that Act (as inserted by paragraph 3 above) insert—

73BPower of Secretary of State to impose section 73A mandatory conditions

(1)The Secretary of State may by order specify conditions relating to the supply of alcohol to members or guests and applicable to all relevant club premises certificates or relevant club premises certificates of a particular description if the Secretary of State considers it appropriate to do so for the promotion of the licensing objectives.

(2)The number of conditions in force by virtue of subsection (1) in relation to all relevant club premises certificates and the number of conditions in force by virtue of that subsection in relation to relevant club premises certificates of particular descriptions must not (when added together) exceed at any time nine.

(3)An order under subsection (1) may—

(a)relate to existing or future relevant club premises certificates,

(b)specify conditions which involve, or consist of, the exercise of a discretion by any person.

(4)Any conditions specified by an order under subsection (1) in relation to existing relevant club premises certificates are to be treated as—

(a)included in those certificates from the coming into force of the order, and

(b)overriding any conditions already included in those certificates (“the existing conditions”) so far as they are—

(i)identical to the existing conditions, or

(ii)inconsistent with, and more onerous than, the existing conditions.

(5)Any conditions included, or treated as included, in relevant club premises certificates by virtue of section 73A and this section cease to have effect so far as they cease to be specified under this section in relation to those certificates.

(6)Any conditions treated as mentioned in subsection (4)(b) cease to be so treated so far as they cease to be specified under this section in relation to the relevant club premises certificates concerned.

(7)So far as conditions cease to be treated as mentioned in subsection (4)(b), the existing conditions revive.

(8)Subsections (5) to (7) are subject to any alternative transitional or saving provision made by the order revoking the specification.

(9)In this section—

  • “existing relevant club premises certificate”, in relation to an order, means a relevant club premises certificate granted before the coming into force of the order and in effect, or capable of having effect, on its coming into force,

  • “future relevant club premises certificate”, in relation to an order, means a relevant club premises certificate granted on or after the coming into force of the order,

  • “relevant club premises certificate” means a club premises certificate authorising the supply of alcohol to members or guests.

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