Office of Public Sector Information
SCHEDULE 12 continued
(4)If the holder of a licence under the said paragraph 1 [F5, 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.
[F6(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.
F6(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.]
[F7(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.]
F1Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 8
F2Sch. 12 para. 10(2) substituted by Greater London Council (General Powers) Act 1979 (c. xxii), s. 3(a)
F3Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 8
F4Sch. 12 para. 10(3)(3A) substituted by Entertainments (Increased Penalties) Act 1990 (c. 20, SIF 45A), s. 1(1)
F5Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 8
F6Sch. 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)
F7Sch. 12 para. 10(5)(6) inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(3)
M11978 c.xiii.
11Where, 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 M1Licensing 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.
[F111A(1)Sub-paragraph (2) below applies where—
(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.]
F1Sch. 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 [F1or the fire authority] may at all reasonable times enter any premises in respect of which a licence under paragraph 1 [F2, 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 [F3any] 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.
(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 [F4level 3 on the standard scale].
F1Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 1(1)(f)
F2Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 9
F3Word substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 9
F4Words 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
[ F112AThe provisions of paragraphs 12B and 12C of this Schedule shall have effect in Greater London other than in the outer London boroughs.]
F1Sch. 12 paras. 12A-12C inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(1)
[ F112B(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.
(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.]
F1Sch. 12 paras. 12A-12C inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(1)
[ F112CA 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.]
F1Sch. 12 paras. 12A-12C inserted by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 4(1)
13—16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1Sch. 12 paras. 13–16, 19(1)(a)(ii) repealed by Theatres Act 1968 (c. 54), Sch. 3
17(1)Where application is made to the Council for the grant of a licence under . . . F1, . . . F2 paragraph 1 [F3, 3A] or 4 of this Schedule in respect of premises which are to be, or are in the course of being, constructed, extended or altered and the Council are satisfied that the premises would, if completed in accordance with plans deposited in accordance with the requirements of the Council, be such that the Council would grant the licence, the Council may grant the licence subject to a condition that it shall be of no effect until confirmed by the Council.
(2)The Council shall confirm any licence granted by virtue of the foregoing sub-paragraph if and when they are satisfied that the premises have been completed in accordance with the plans aforesaid, or in accordance with those plans as modified with the approval of the Council, and that the licence is held by a fit and proper person.
F1Words repealed by Theatres Act 1968 (c. 54), Sch. 3
F2Words repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3
F3Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 10
18The holder of a licence in respect of any premises—
(a)granted under paragraph 1 [F1, 3A] or 4 of this Schedule or,
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 11
F2Sch. 12 para. 18(b) repealed by Cinemas Act 1985 (c. 13, SIF 45A),ss. 24(2), Sch. 3
[ F118AThe person making an application for the variation of a licence under paragraph 18 of this Schedule shall on making the application pay to the Council such reasonable fee as the Council may fix.]
F1Sch. 12 para. 18A inserted by Greater London Council (General Powers) Act 1986 (c. iv), Pt. II s. 3
19(1)Any of the following persons, that is to say—
(a)an applicant for—
(i)the grant, renewal or transfer of a licence in respect of any premises under paragraph 1 [F1, 3A] or 4 of this Schedule; or
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(iii)the variation of the terms, conditions or restrictions on or subject to which any such licence as aforesaid is held,
whose application is refused;
(b)the holder of any such licence as aforesaid whose licence is revoked by the Council or who is aggrieved by any term, condition or restriction on or subject to which the licence is held,
may at any time before the expiration of the [F3relevant period] appeal to a magistrates’ court acting for the petty sessions area in which the premises are situated; and the court may make such order as it thinks fit and, subject to [F3sub-paragraph (2) of this paragraph], that order shall be binding on the Council.
[F4(1A)In this paragraph “relevant period” means the period of twenty-one days beginning with the date when the person in question is notified of—
(a)the refusal of his application;
(b)the revocation of his licence; or
(c)the imposition of the term, condition or restriction by which he is aggrieved;
but in a case where a decision is made under paragraph 2A(5) or 9A(4) of this Schedule means the date on which the person in question is notified of the decision.]
(2)Any person aggrieved by the order of a magistrates’ court [F5under sub-paragraph (1) of this paragraph or under paragraph 10(4A) of this Schedule] may appeal therefrom to a court of quarter sessions.
(3)Where any such licence as aforesaid is revoked under paragraph 10 (4) F6. . .of this Schedule or an application for the renewal of a licence under the said paragraph 1 [F1, 3A] or 4 is [F7refused otherwise than on the ground specified in paragraph 2A(2) of this Schedule] the licence shall be deemed to remain in force—
(a)during any period within which an appeal under this paragraph may be brought and, if such an appeal is brought within the relevant period, until the determination or abandonment of the appeal; and
(b)where such an appeal relating to such a refusal as aforesaid is successful and no further such appeal is available, until the licence is renewed by the Council.
[F8(3A)A court which revokes a licence under paragraph 10(4A) of this Schedule may, if in the particular circumstances it would be unfair not to do so, order that the licence shall remain in force—
(a)during the period within which an appeal against the revocation may be brought; and
(b)if such an appeal is duly brought, until the determination or abandonment of the appeal.]
(4)In the case of an appeal in relation to an application of which, in accordance with paragraph 2 (1) [F9, 3B(1)] or 5 (1) of this Schedule, notice was required to be given to a commissioner of police, notice of that appeal shall be given to that commissioner as well as to any other person to whom it is required to be given apart from this sub-paragraph.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
F1Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), s. 42(2), Sch. 3 para. 12(a)
F2Sch. 12 paras. 13–16, 19(1)(a)(ii) repealed by Theatres Act 1968 (c. 54), Sch. 3
F3Words in Sch. 12 para. 19(1) substituted (1.5.1998) by 1997 c. 49, s. 2(6)(a); S.I. 1998/1009, art. 2 (with art. 3)
F4Sch. 12 para. 19(1A) inserted (1.5.1998) by 1997 c. 49, s. 2(6)(b); S.I. 1998/1009, art. 2 (with art. 3)
F5Words in Sch. 12 para. 19(2) substituted (1.5.1998) by 1997 c. 49, s. 2(6)(c); S.I. 1998/1009, art. 2 (with art. 3)
F6Words in Sch. 12 para. 19(3) omitted (1.5.1998) by virtue of 1997 c. 49, s. 2(6)(d); S.I. 1998/1009, art. 2 (with art. 3)
F7Words in Sch. 12 para. 19(3) substituted (1.5.1998) by 1997 c. 49, s. 2(6)(d); S.I. 1998/1009, art. 2 (with art. 3)
F8Sch. 12 para. 19(3A) inserted (1.5.1998) by 1997 c. 49, s. 2(6)(e); S.I. 1998/1009, art. 2 (with art. 3)
F9Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1),s. 42(2), Sch. 3 para. 12(b)
F10Sch. 12 para. 19(5) repealed by Cinemas Act 1985 (c. 13, SIF 45A), ss. 24(2), Sch. 3
C1Sch. 12 para. 19(2) amended with the substitution of a reference to the Crown Court for the reference to a court of quarter sessions by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I
F1Cross-heading for Sch. 12 para. 19A inserted (1.5.1998) by 1997 c. 49, s. 2(7); S.I. 1998/1009, art. 2 (with art. 3)
[ F119AIn this Schedule “controlled drugs” has the same meaning as in the M1Misuse of Drugs Act 1971.]
F1Sch. 12 para. 19A inserted (1.5.1998) by 1997 c. 49, s. 2(7); S.I. 1998/1009, art. 2 (with art. 3)
M11971 c. 38.
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1Sch. 12 para. 20 repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:1), ss. 42(2), 49(1), Sch. 3 para. 13, Sch. 4
London Government Act 1963