London Government Act 1963

Enforcement of paragraphs 1 to 9 E+W

[F1 9A (1) This paragraph applies where the Council by whom a licence was granted under paragraph 1 of this Schedule in respect of any premises receive a report from the commissioner of police in whose district the premises are situated— E+W

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

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

(2) The Council 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 Council 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 Council; and the Council shall consider any representations within the period of twenty-one days beginning with the day on which they receive them.

(4) After considering any representations, the Council 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 Council shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.

(6) In this paragraph “premises” includes any place.]

Textual Amendments

F1 Sch. 12 para. 9A inserted (1.5.1998) by 1997 c. 49, s. 2(4); S.I. 1998/1009, art. 2 (with art. 3)

10 (1) If at any premises any entertainment in respect of which a licence is required under paragraph 1 [F2 , 3A] or 4 of this Schedule is provided without such a licence being held in respect thereof, then— 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 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.

[F3 (2) Subject to paragraph 11 of this Schedule, if—

(a) any person is the holder of a licence granted under the said paragraph 1 [F4 , 3A] or 4, under section 21 (Licensing of public exhibitions, etc.) of the Greater London Council (General Powers) Act 1966 or under section 5 (Licensing of entertainments booking offices) of the Greater London Council (General Powers) Act 1978 in respect of any premises which have been used in contravention of any term, condition or restriction on or subject to which the licence is held; or

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

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

(ii) let the premises, or otherwise made the premises available, to any person who so used the premises;

he shall be guilty of an offence in respect of the contravention of each such term, condition or restriction.]

[F5 (3) Any person guilty of an offence under sub-paragraph (1) or (2) of this paragraph shall be liable on summary conviction

(a) in the case of an offence to which sub-paragraph (3A) of this paragraph 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 or to imprisonment for a term not exceeding three months or to both.

(3A) This sub-paragraph applies to

(a) any offence under sub-paragraph (1) of this paragraph where the entertainment provided is entertainment in respect of which a licence is required under paragraph 1 of this Schedule; and

(b) any offence under sub-paragraph (2) of this paragraph where the licence held is a licence granted under that paragraph and the term, condition or restriction which is contravened imposes a limit on the number of persons who may be present at the entertainment,

but excluding (in each case) any offence which would not be an offence if section 3 of the M1 Greater London Council (General Powers) Act 1978 (premises used for public entertainment consisting wholly or partly of human posing deemed to be premises used for public dancing) had not been enacted.]

(4) If the holder of a licence under the said paragraph 1 [F6 , 3A] or 4 is convicted by virtue of sub-paragraph (2) (a) of this paragraph, then, subject to paragraph 19 of this Schedule, the Council may revoke the licence.

[F7 (4A) Where a person is convicted by a court of an offence under sub-paragraph (2) of this paragraph in relation to a licence granted under paragraph 1 of this Schedule in respect of any premises, 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 premises or at any premises nearby which are controlled by the holder of the licence; and

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

F7 (4B) The standard of proof for the purposes of sub-paragraph (4A) of this paragraph is that applicable in civil proceedings and in that sub-paragraph “premises” includes any place.]

[F8 (5) Where an offence under sub-paragraph (1) or (2) of this paragraph 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 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.

(6) Where the affairs of a body corporate are managed by its members, sub-paragraph (5) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.]

Textual Amendments

F2 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 8

F3 Sch. 12 para. 10(2) substituted by Greater London Council (General Powers) Act 1979 (c. xxii), s. 3(a)

F4 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 8

F5 Sch. 12 para. 10(3)(3A) substituted by Entertainments (Increased Penalties) Act 1990 (c. 20, SIF 45A), s. 1(1)

F6 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 8

F7 Sch. 12 para. 10(4A)(4B) inserted (1.5.1998) by 1997 c. 49, s. 2(5); S.I. 1998/1009, art. 2 (with art. 3)

F8 Sch. 12 para. 10(5)(6) inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(3)

Marginal Citations

M1 1978 c.xiii.

11 E+W Where, in the case of any premises in respect of which a licence under paragraph 1 of this Schedule is for the time being in force, a special order of exemption on any special occasion has been granted in respect of those premises under section 107 of the M2 Licensing Act 1953, no person shall be guilty of an offence under paragraph 10 (2) of this Schedule 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 by not later than the hour specified in that special order as the hour for closing.

Marginal Citations

M2 1953 c. 46.

Yn ddilys o 21/12/2002

[F9 11A (1) Sub-paragraph (2) below applies where— E+W

(a) a licence under paragraph 1 of this Schedule is for the time being in force in respect of any premises, and

(b) the Special Occasions licensing hours are (subject to any Special Occasions restriction order) added to the permitted hours in the premises.

(2) No person shall be guilty of an offence under paragraph 10(2) of this Schedule 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 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

F9 Sch. 12 para. 11A inserted (21.12.2002) by The Regulatory Reform (Special Occasions Licensing) Order 2002 (S.I. 2002/3205), art. 3

12 (1) A police constable or any person appointed for the purpose by the Council [F10 or the fire authority] may at all reasonable times enter any premises in respect of which a licence under paragraph 1 [F11 , 3A] or 4 of this Schedule is for the time being in force at which he has reason to believe that an entertainment to which [F12 any] of those paragraphs applies is being or is about to be given with a view to seeing whether the provisions of this Schedule applicable to that entertainment and the terms, conditions or restrictions on or subject to which the licence is held are complied with. E+W

(2) A police constable or any person appointed as aforesaid may, if authorised in that behalf by a warrant granted by a justice of the peace, enter any premises in respect of which he has reason to suspect that an offence under this Schedule is being committed.

(3) Any person who refuses to permit any such constable or person to enter or inspect any premises in accordance with the provisions of this paragraph shall for every such refusal be liable on summary conviction to a fine not exceeding [F13 level 3 on the standard scale].

Textual Amendments

F10 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(f)

F11 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 9

F12 Word substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 9

F13 Words substituted by virtue of Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 1(8)(b) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

[F14 12A E+W The provisions of paragraphs 12B and 12C of this Schedule shall have effect in Greater London other than in the outer London boroughs.]

Textual Amendments

F14 Sch. 12 paras. 12A-12C inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(1)

[F15 12B (1) Subject to sub-paragraph (2) of this paragraph, the court by or before which a person is convicted of an offence under sub-paragraph (1) or (2) of paragraph 10 of this Schedule may order any thing produced to the court, and shown to the satisfaction of the court to relate to the offence, to be forfeited and dealt with in such manner as the court may order. E+W

(2) The court shall not order any thing to be forfeited under the foregoing sub-paragraph where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.]

Textual Amendments

F15 Sch. 12 paras. 12A-12C inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(1)

[F16 12C E+W A constable or any person appointed for the purpose by the Council who enters any premises under the authority of a warrant granted under sub-paragraph (2) of paragraph 12 of this Schedule may seize and remove any apparatus or equipment or other thing whatsoever found on the premises which he has reasonable cause to believe may be liable to be forfeited under paragraph 12B of this Schedule.]

Textual Amendments

F16 Sch. 12 paras. 12A-12C inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(1)

13—16. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F17 Sch. 12 paras. 13–16, 19(1)(a)(ii) repealed by Theatres Act 1968 (c. 54), Sch. 3