The Policing and Crime Act 2009 (Commencement No. 1 and Transitional and Saving Provisions) (England) Order 2010

Interpretation

2.—(1) In this Order—

“the 2009 Act” means the Policing and Crime Act 2009,

“the 2007 Act” means the London Local Authorities Act 2007(1),

“the 2003 Act” means the Licensing Act 2003(2),

“the 1986 Act” means the Greater London Council (General Powers) Act 1986(3),

“the 1982 Act” means the Local Government (Miscellaneous Provisions) Act 1982(4),

“the first appointed day”, in relation to the area of a local authority, means the day on which Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act comes into force in that area in consequence of a resolution of the local authority under section 2 of the 1982 Act or paragraph 2(2) of Schedule 3 to the 2009 Act,

“hostess bar” has the meaning given by paragraph 3B of Schedule 3 to the 1982 Act as it has effect by virtue of section 33 of the 2007 Act,

“local authority” has the meaning given by section 2(5) of the 1982 Act,

“premises” (other than in the expressions “premises licence” and “club premises certificate”) has the meaning given by paragraph 2A(14) of Schedule 3 to the 1982 Act,

“premises licence” (and “club premises certificate”) have the same meaning as in the 2003 Act,

“relevant entertainment” has the same meaning as in paragraph 2A of Schedule 3 to the 1982 Act,

“the second appointed day”, in relation to the area of a local authority, means the first day after the end of the period of 6 months beginning with the day which is the first appointed day in relation to that area,

“sex cinema” has the meaning given by paragraph 3 of Schedule 3 to the 1982 Act,

“sex encounter establishment” has the meaning given by paragraph 3A of Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act,

“sex shop” has the meaning given by paragraph 4 of Schedule 3 to the 1982 Act,

“sexual entertainment venue” (and references to the use of premises as such a venue) have the meanings given by paragraph 2A of Schedule 3 to the 1982 Act,

“the third appointed day”, in relation to the area of a local authority, means the first day after the end of the period of 12 months beginning with the day which is the first appointed day in relation to that area.

(2) The references in articles 7(1), 8(1) and 9(1) to an application for the grant of a licence under Schedule 3 to the 1982 Act in relation to a sexual entertainment venue include references to an application for a variation or renewal of a licence under Schedule 3 to the 1982 Act for a sex shop, sex cinema or hostess bar so as also to enable the use of the premises concerned as a sexual entertainment venue.

(3) The references in articles 7 to 9 to the determination of an application do not include references to the determination of any appeal against a refusal to grant such an application.

(1)

2007 c. ii.

(2)

2003 c. 17.

(3)

1986 c. iv. There are amendments to that Act not relevant to this Order.

(4)

1982 c. 30. Schedule 3 to that Act has been amended by section 52 of, and paragraph 7 of Schedule 14 to, the Police and Justice Act 2006 (c. 48), section 198 of, and paragraphs 82 and 85 of Schedule 6 to, the Licensing Act 2003 (c. 17), section 24 of, and paragraph 16 of Schedule 2 to, the Cinemas Act 1985 (c. 13), section 26(1) of the Police and Criminal Evidence Act 1984 (c. 60), sections 111 and 174 of, and paragraph 22 of Schedule 7 and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005 (c. 15), S.I. 1984/447, S.I. 2005/886 and in relation to certain London boroughs by section 12 of the Greater London Council (General Powers) Act 1986 (c. iv), section 33 of the London Local Authorities Act 2007 (c. ii) and S.I. 2005/1541. It will also be amended by section 27 of the Policing and Crime Act 2009 (c. 26) as from 6th April 2010.