The Policing and Crime Act 2009 (Transitional and Saving Provisions)(Wales) Order 2010

Interpretation

2.—(1) In this Order—

• “the 2009 Act” (“Deddf 2009”) means the Policing and Crime Act 2009,

• “the 2003 Act” (“Deddf 2003”) means the Licensing Act 2003(1),

• “the 1982 Act” (“Ddeddf 1982”) means the Local Government (Miscellaneous Provisions) Act 1982(2),

• “the first appointed day” (“y diwrnod penodedig cyntaf”) 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,

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

• “premises” (“mangre”) (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” (“trwydded i fangre”) (and “club premises certificate” (“tystrsgrif mangre clwb”)) have the same meaning as in the 2003 Act,

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

• “the second appointed day” (“yr ail ddiwrnod penodedig”) 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” (“sinema ryw”) has the meaning given by paragraph 3 of Schedule 3 to the 1982 Act,

• “sex shop” (“siop ryw”) has the meaning given by paragraph 4 of Schedule 3 to the 1982 Act,

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

• “the third appointed day” (“y trydydd diwrnod penodedig”), 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 6(1), 7(1) and 8(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 or sex cinema so as to enable the use of the premises concerned as a sexual entertainment venue.

(3) The references in articles 6 to 8 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)

2003 c. 17.

(2)

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 5 to, the Licensing Act 2003, 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 to, the Serious Organised Crime and Police Act 2005 (c. 15), S.I. 1984/447, S.I. 2005/886, S.I. 2009/2999, 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 the 6 April 2010 in relation to England and the 8 May 2010 in relation to Wales.