Part 9Miscellaneous and supplementary

Small premises

177Dancing F5... in certain small premises

1

Subsection (2) applies where—

a

a premises licence authorises—

i

the supply of alcohol for consumption on the premises, and

ii

F10dancing, and

b

the premises—

i

are used primarily for the supply of alcohol for consumption on the premises, and

ii

have a permitted capacity of not more than 200 persons.

2

At any time when—

a

the premises—

i

are open for the purposes of being used for the supply of alcohol for consumption on the premises, and

ii

are being used for F11dancing, F12...

F12b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any licensing authority imposed condition of the premises licence which relates to F11dancing does not have effect F13... unless it falls within subsection (5) or (6).

F143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A condition falls within this subsection if the premises licence specifies that the licensing authority which granted the licence considers the imposition of the condition F4appropriate on one or both of the following grounds—

a

the prevention of crime and disorder,

b

public safety.

6

A condition falls within this subsection if, on a review of the premises licence—

a

it is altered so as to include a statement that this section does not apply to it, or

b

it is added to the licence and includes such a statement.

7

This section applies in relation to a club premises certificate as it applies in relation to a premises licence except that, in the application of this section in relation to such a certificate, the definition of “licensing authority imposed condition” in subsection (8) has effect as if for “section 18(3)(b)” to the end there were substituted “section 72(3)(b) (but is not referred to in section 72(2)) or which is imposed by virtue of section 85(3)(b) or 88(3)”.

8

In this section—

  • “licensing authority imposed condition” means a condition which is imposed by virtue of section 18(3)(b) (but is not referred to in section 18(2)(a)) or which is imposed by virtue of 35(3)(b), 52(3) or 167(5)(b) or in accordance with section 21;

  • “F7dancing” means—

    1. a

      entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1) F8... (g) of Schedule 1, F9...

    2. b

      F9...

  • “permitted capacity”, in relation to any premises, means—

    1. a

      F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. b

      F2. . . the limit on the number of persons who may be on the premises at any one time in accordance with a recommendation made by, or on behalf of, the F3fire and rescue authority for the area in which the premises are situated (or, if the premises are situated in the area of more than one F3fire and rescue authority, those authorities); and

  • “supply of alcohol” means—

    1. a

      the sale by retail of alcohol, or

    2. b

      the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

177AF6Licence review for live music

1

Subsection (2) applies where live music takes place on premises authorised to be used for the supply of alcohol for consumption on the premises by a premises licence or club premises certificate, and—

a

at the time of the live music, the premises are open for the purposes of being used for the supply of alcohol for consumption on the premises,

b

either—

i

the live music is unamplified, or

ii

the live music is amplified and takes place in the presence of an audience of no more than 200 persons, and

c

the live music takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect, between the hours specified in that order).

2

Any condition of the premises licence or club premises certificate which relates to live music does not have effect in relation to the live music, unless it falls within subsection (3) or is added to the licence in accordance with subsection (4).

3

A condition falls within this subsection if, on a review of the premises licence or club premises certificate it is altered so as to include a statement that this section does not apply to it.

4

On a review of a premises licence or club premises certificate a licensing authority may (without prejudice to any other steps available to it under this Act) add a condition relating to live music as if—

a

the live music were regulated entertainment, and

b

the licence or certificate licensed the live music.

5

In this section—

  • “condition” means a condition—

    1. a

      included in a premises licence by virtue of section 18(2)(a) or (3)(b), 35(3)(b), 52(3) or 167(5)(b),

    2. b

      included in a club premises certificate by virtue of section 72(2)(a) or (3)(b), 85(3)(b) or 88(3),

    3. c

      added to a premises licence by virtue of its inclusion in an application to vary the licence in accordance with section 34 or 41A which is granted under section 35(2) or 41B(3) (as the case may be), or

    4. d

      added to a club premises certificate by virtue of its inclusion in an application to vary the certificate in accordance with section 84 or 86A which is granted under section 85(2) or 86B(3) (as the case may be);

  • “live music” means entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) of Schedule 1;

  • “supply of alcohol” means—

    1. a

      the sale by retail of alcohol, or

    2. b

      the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.