Part 4 E+W+SProtection of children and young persons

GeneralE+W+S

60Temporary use noticeE+W+S

(1)For the purposes of this Part—

(a)a temporary use notice in respect of the use of premises to carry on an activity shall be treated as if it were a premises licence authorising that activity, and

(b)an occasional use notice in respect of premises shall be treated as if it were a betting premises licence.

(2)Sections 47(6) and 182 shall apply in relation to a notice treated as a premises licence by virtue of subsection (1) above.

Annotations:

Commencement Information

I1S. 60 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

61EmploymentE+W+S

(1)In this Part a reference to employing a person includes a reference to—

(a)employing or engaging the person whether or not under a contract of employment, and

(b)causing or permitting the person to be employed or engaged.

(2)Where a person commits an offence under this Part by employing a person or by being employed, he shall be treated as committing the offence on each day during any part of which the employment continues.

Annotations:

Commencement Information

I2S. 61 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

62PenaltyE+W+S

(1)A person guilty of an offence under this Part shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks,

(b)a fine not exceeding level 5 on the standard scale, or

(c)both.

(2)But in relation to an offence committed by a young person subsection (1) shall have effect as if—

(a)paragraphs (a) and (c) were omitted, and

(b)in paragraph (b) the reference to level 5 were a reference to level 3.

(3)In the application of subsection (1) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Annotations:

Commencement Information

I3S. 62 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

63Reasonable belief about person's ageE+W+S

(1)Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a child it is a defence for the person charged to prove that—

(a)he took all reasonable steps to determine the individual's age, and

(b)he reasonably believed that the individual was not a child.

(2)Where a person is charged with an offence under this Part of doing anything in relation to an individual who is a young person it is a defence for the person charged to prove that—

(a)he took all reasonable steps to determine the individual's age, and

(b)he reasonably believed that the individual was not a young person.

Annotations:

Commencement Information

I4S. 63 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

64Use of children in enforcement operationsE+W+S

(1)Nothing in this Part renders unlawful—

(a)anything done, in the performance of his functions, by a constable, an enforcement officer or an authorised person, or

(b)anything done by a child or young person at the request of a constable, enforcement officer or authorised person acting in the performance of his functions.

(2)Subsection (1) applies to an order under section 59 as to the provisions of this Part.

Annotations:

Commencement Information

I5S. 64 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)