Office of Public Sector Information
PART XII continued
(1)A relevant person shall not permit drunkenness or any violent, quarrelsome or riotous conduct to take place in licensed premises.
(2)If a relevant person is charged under subsection (1) of this section with permitting drunkenness, and it is proved that any person was drunk in the licensed premises, the burden of proving that the relevant person and any persons employed by him took all reasonable steps for preventing drunkenness in the premises shall lie upon him.
(3)A relevant person shall not, in licensed premises, sell intoxicating liquor to a drunken person.
(4)If any person contravenes this section he shall be liable to a fine not exceeding level 3 on the standard scale.
(5)This section is without prejudice to the liability under section 172 of this Act of the holder of a justices’ licence for acts or omissions of persons other than himself.
(6)In this section “relevant person" means any person (other than the holder of the justices’ licence for the licensed premises concerned) who—
(a)in a case falling within subsection (1) of this section, works in the licensed premises in a capacity, whether paid or unpaid, which gives him authority to prevent the drunkenness or (as the case may be) conduct concerned;
(b)in a case falling within subsection (3) of this section, works in the licensed premises in a capacity, whether paid or unpaid, which gives him authority to sell the intoxicating liquor concerned.]
F1S. 172A inserted (1.12.2001) by 2001 c. 16, s. 32(2); S.I. 2001/3736, art. 2
(1)If any person in licensed premises procures or attempts to procure any intoxicating liquor for consumption by a drunken person he shall be guilty of an offence under this section.
(2)If any person aids a drunken person in obtaining or consuming intoxicating liquor in licensed premises he shall be guilty of an offence under this section.
(3)A person guilty of an offence under this section shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding [F1level 1 on the standard scale].
F1Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
(1)Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, the holder of a justices’ licence [F1or a relevant person] may refuse to admit to, or may expel from, the licensed premises any person who is drunken, violent, quarrelsome [F2and the holder of a justices’ licence may refuse to admit to, or may expel from, the licensed premises any person] disorderly, or whose presence in the licensed premises would subject the licence holder to a penalty under this Act.
(2)If any person liable to be expelled from licensed premises under this section, when requested by the holder of the justices’ licence or his agent or servant or [F3(as the case may be) the relevant person or any agent or servant of his or by]any constable to leave the premises, fails [F4without reasonable excuse] to do so, he shall be liable to a fine not exceeding [F5level 1 on the standard scale].
(3)Any constable shall, on the demand of the holder of a justices’ licence or his agent or servant [F6or (as the case may be) a relevant person or any agent or servant of his], help to expel from the licensed premises any person liable to be expelled from them under this section, and may use such force as may be required for the purpose.
[F7(4)In this section “relevant person" means any person who works in licensed premises in a capacity, whether paid or unpaid, which gives him authority to prevent such drunkenness or such conduct as is mentioned in section 172A(1) of this Act.]
F1Words in s. 174(1) inserted (1.12.2001) by 2001 c. 16, s. 32(3)(a); S.I. 2001/3736, art. 2
F2Words in s. 174(1) substituted (1.12.2001) by 2001 c. 16, s. 32(3)(b); S.I. 2001/3736, art. 2
F3Words in s. 174(2) inserted (1.12.2001) by 2001 c. 16, s. 32(4); S.I. 2001/3736, art. 2
F4Words in s. 174(2) inserted (1.12.2001) by 2001 c. 16, s. 18(2) (with s. 18(5)); S.I. 2001/3732, art. 2
F5Words substituted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 6 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F6Words in s. 174(3) inserted (1.12.2001) by 2001 c. 16, s. 32(5); S.I. 2001/3736, art. 2
F7S. 174(4) inserted (1.12.2001) by 2001 c. 16, s. 32(6); S.I. 2001/3736, art. 2
(1)The holder of a justices’ licence shall not knowingly allow the licensed premises to be the habitual resort or place of meeting of reputed prostitutes, whether the object of their so resorting or meeting is or is not prostitution; but this section does not prohibit his allowing any such persons to remain in the premises for the purpose of obtaining reasonable refreshment for such time as is necessary for that purpose.
(2)If the holder of a justices’ licence contravenes this section he shall be liable, on a first conviction to a fine not exceeding [F1£25], and on a subsequent conviction to a fine not exceeding [F1£50].
F1Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9)
C1S. 175(2): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
(1)If the holder of a justices’ licence permits the licensed premises to be a brothel, he shall be liable to a fine not exceeding [F1level 2 on the standard scale].
(2)If the holder of a justices’ licence is convicted, whether under this section or under any other enactment, of permitting his premises to be a brothel, he shall forfeit the licence.
F1Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
(1)If the holder of a justices’ licence suffers any game to be played in the premises in such circumstances that an offence under [F1the M1Gaming Act 1968] is committed or a requirement or restriction for the time being in force under [F1section 6] of that Act is contravened, he shall be liable, on a first conviction to a fine not exceeding ten pounds, and on a subsequent conviction to a fine not exceeding twenty pounds.
(2)The conviction of the holder of a justices’ licence of an offence in connection with the licensed premises under section 1(1) of the M2Betting, Gaming and Lotteries Act 1963 shall for the purposes of this Act be deemed to be a conviction of an offence under this section.
F1Words substituted by Gaming Act 1968 (c. 65, SIF 12:1), Sch. 11 Pt. III
C1S. 177(1): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
M11968 c. 65 (12:1).
M21963 c. 2 (12:1).
If the holder of a justices’ licence—
(a)knowingly suffers to remain on the licensed premises any constable during any part of the time appointed for the constable’s being on duty, except for the purpose of the execution of the constable’s duty, or
(b)supplies any liquor or refreshment, whether by way of gift or sale, to any constable on duty except by authority of a superior officer of the constable, or
(c)bribes or attempts to bribe any constable,
he shall be liable, on a first conviction to a fine not exceeding [F1£25], and on a subsequent conviction to a fine not exceeding [F1£50].
F1Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9)
C1S. 178: Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
(1)This Part of this Act shall apply in relation to a licensed canteen—
(a)as if references to a justices’ licence included references to a canteen licence and references to licensed premises or a bar in licensed premises included references to a licensed canteen; and
(b)as if [F1subsections (3A) to (3C) of section 168, section 168A,][F2subsection (2) of section 169C, and sections 169D, 169F, 169G and 171]were omitted.
(2)In the application of this Part of this Act to licensed premises which are licensed premises by reason of being a place where intoxicating liquor is sold under an occasional licence, references in sections 172 to 178 to the holder of a justices’ licence shall be construed as references to the holder of the occasional licence.
Licensing Act 1964