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Paterson's Licensing Acts 2017

Paterson's Licensing Acts 2017

          
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About the Book

This authoritative work provides a summary of the major changes in licensing law of England and Wales over the past 12-months. This fully comprehensive text has been streamlined to one volume for ease of use but still incorporates updated legislation, regulations, orders, standard forms and precedents. The accompanying CD-ROM replicates the book and features historical materials no longer included in the print copy. Plus, an updated CD-ROM is released mid-year for no extra charge. Paterson's is the definitive work of reference dealing comprehensively with licensing law in England and Wales. It provides a detailed and clear analysis of new and forthcoming changes one practical and portable volume. The existing statutes and statutory instruments are all updated and new statutory material added where relevant.

Table of Contents:
Preface Table of Statutes Table of Statutory Instruments Table of Cases Table of Materials for Further Reading Table of Forms PART 1 ALCOHOL, REFRESHMENT AND ENTERTAINMENT LICENSING SECTION 1 COMMENTARY Children and young persons: tobacco and alcohol Children and young persons: employment and entertainment Health and safety in licensed premises Theatres Cinematograph exhibitions Regulated entertainment Development of licensing legislation Licensing Act 200 Introduction Licensable activities The licensing authority Premises licences The licence document Clubs Personal licences Offences Closure of premises Miscellaneous and supplemental Appeals Night cafes Freedom of Information Act 2000 SECTION 2 STATUTES Metropolitan Police Act 1839 Licensing Act 1902 Children and Young Persons Act 1933 Hypnotism Act 1952 Children and Young Persons Act 1963 Theatres Act 1968 Local Government Act 1972 Local Government (Miscellaneous Provisions) Act 1976 Greater London Council (General Powers) Act 1978 Alcoholic Liquor Duties Act 1979 Indecent Displays (Control) Act 1981 Sporting Events (Control of Alcohol etc) Act 1985 Housing Act 1985 Children and Young Persons (Protection from Tobacco) Act 1991 Education Act 1996 Confiscation of Alcohol (Young Persons) Act 1997 London Local Authorities Act 2000 Local Government Act 2000 Criminal Justice and Police Act 2001 Licensing Act 2003 Violent Crime Reduction Act 2006 Police Reform and Social Responsibility Act 2011 Protection of Freedoms Act 2012 Anti-social Behaviour, Crime and Policing Act 2014 SECTION 3 STATUTORY INSTRUMENTS Alcoholic Liquor Duties (Beer-Based Beverages) Order 1994, SI 1994/2904 Licensing Act 2003 (Personal Licences) Regulations 2005, SI 2005/41 Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005, SI 2005/42 Licensing Act 2003 (Licensing Authority's Register) (Other Information) Regulations 2005, SI 2005/43 Licensing Act 2003 (Hearings) Regulations 2005, SI 2005/44 Licensing Act 2003 (Fees) Regulations 2005, SI 2005179 Airports Licensing (Liquor) Order 2005, SI 2005/1733 Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005, SI 2005/2918 Sports Grounds and Sporting Events (Designation) Order 2005, SI 2005/3204 Children and Young Persons (Sale of Tobacco etc) Order 2007, SI 2007/1767 Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2007, SI 2007/806 Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007, SI 2007/2502 Local Authorities (Alcohol Disorder Zones) Regulations 2008, SI 2008/1430 Magistrates' Courts (Drinking Banning Orders) Rules 2009, SI 2009/2937 Provision of Services Regulations 20091 SI 2009/2999 Tobacco Advertising and Promotion (Display) (England) Regulations 2010,512010/445 Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010, 512010/860 Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010, 512010/864 Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2011, 512011/2331 Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of Closure Notice) Regulations 2012, SI 2012/963 Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012, SI 2012/2550 Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012, SI 2012/2551 Late Night Levy (Application and Administration) Regulations 2012, SI 2012/2730 Licensing Act 2003 (Mandatory Conditions) Order 2014, SI 201411252 Children (Performances and Activities) (England) Regulations 2014, SI 2014/3309 Children (Performances and Activities) (Wales) Regulations 2015, SI 2015/1757 PART 1A SEX ESTABLISHMENTS SECTION 1 COMMENTARY Introduction SECTION 2 STATUTES Local Government (Miscellaneous Provisions) Act 1982 Policing and Crime Act 2009 SECTION 3 STATUTORY INSTRUMENTS Policing and Crime Act 2009 (Commencement No 1 and Transitional and Saving Provisions) Order 2009, 512009/3096 Policing and Crime Act 2009 (Commencement No 2) Order 2010, 512010/152 Policing and Crime Act 2009 (Commencement No 3) Order 2010, 512010/125 Policing and Crime Act 2009 (Commencement No 4) Order 2010, 512010/507 Policing and Crime Act 2009 (Commencement No 1 and Transitional and Saving Provisions) (England) Order 2010, SI 2010/722 Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010, 512010/723 Policing and Crime Act 2009 (Commencement No 5) Order 2010, 512010/999 Policing and Crime Act 2009 (Commencement No 1) (Wales) Order 2010, 512010/1375 Policing and Crime Act 2009 (Transitional and Saving Provisions) (Wales) Order 2010, 512010/1395 Policing and Crime Act 2009 (Commencement No 6 and Commencement No 5 (Amendment)) Order 2010, SI 2010/1986 PART 2 HACKNEY CABS (TAXIS) AND PRIVATE HIRE VEHICLES SECTION 1 COMMENTARY Introduction Licensing authorities Delegation of functions by licensing authorities Policy Child sexual exploitation House of Commons briefing paper: Taxi and Private Hire Vehicle Licensing (August 2015) DFT guidance Regulators' Code The licensing requirement Taxis in London Plying for hire (Taxi) vehicle licences in London (Taxi) drivers' licences in London Appeals Offences Taxis outside London (Taxi) vehicle licences outside London (Taxi) drivers' licences outside London Private hire vehicle licensing Introduction Exemptions PHV licensing outside London Deregulation Act 2015 Equality Act 2010 House of Commons briefing paper: Taxi and Private Hire Vehicle Licensing (August 2015) Uber Adoption of Part II of the LG(MP)A 1976 PHV operator's licences outside London PHV vehicle licences outside London PHV driver's licences outside London Appeals Offences PHV licensing in London PHV operator's licences in London PHV vehicle licences in London Offences Appeals (operators, vehicles and drivers' licences) Licence fees Outside London Inside London SECTION 2 STATUTES London Hackney Carriage Act 1831 London Hackney Carriages Act 1843 Town Police Clauses Act 1847 London Hackney Carriages Act 1850 London Hackney Carriage Act 1853 Metropolitan Public Carriage Act 1869 Public Health Act 1875 Town Police Clauses Act 1889 London Cab Act 1896 London Cab and Stage Carriage Act 1907 Public Health Act 1925 Public Health Act 1936 London Government Act 1963 London Cab Act 1968 Local Government Act 1972 Rehabilitation of Offenders Act 1974 Plymouth City Council Act 1975 Local Government (Miscellaneous Provisions) Act 1976 Transport Act 1980 Public Passenger Vehicles Act 1981 Transport Act 1981 Transport Act 1985 Plymouth City Council Act 1987 Criminal Justice and Public Order Act 1994 Private Hire Vehicles (London) Act 1998 Greater London Authority Act 1999 Local Government Act 2000 Transport for London Act 2008 Equality Act 2010 SECTION 3 STATUTORY INSTRUMENTS London Cab Order 1934, SI 1934/1346 London Cab Order 1955, SI 1955/1853 London Cab Order 1972, SI 1972/1047 London Cab (No 2) Order 1973, SI 1973/1671 Local Authorities etc (Miscellaneous Provision) Order 1974, SI 1974/482 Health and Safety (First-Aid) Regulations 1981, SI 1981/917 Local Services (Operation by Taxis) (London) Regulations 1986, SI 1986/566 Local Services (Operation by Taxis) Regulations 1986, SI 1986/ London Taxis (Licensing Appeals) Regulations 1986, SI 1986/1188 Licensed Taxis (Hiring at Separate Fares) Order 1986, SI 1986/1386 Licensed Taxis (Hiring at Separate Fares) (London) Order 1986, SI 1986/1387 London Taxi Sharing Scheme Order 1987, SI 1987/1535 Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993, SI 1993/31 Motor Vehicles (Wearing of Seat Belts) Regulations 1993, SI 19931176 Units of Measurement Regulations 1995, SI 199511804 London Cab Order 1934 (Modification) Order 2000, SI 2000/1666 Local Authorities (Functions and Responsibilities) (England) Regulations 2000, 512000/2853 Disability Discrimination Act 1995 (Taxis) (Carrying of Guide Dogs etc) (England and Wales) Regulations 2000, SI 2000/2990 Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, 512000/3146 Disability Discrimination Act 1995 (Private Hire Vehicles) (Carrying of Guide Dogs etc) (England and Wales) Regulations 2003, SI 2003/3122 Private Hire Vehicles (London PHV Driver's Licences) Regulations 2003 Private Hire Vehicles (London PHV Licences) Regulations 2004 Local Services (Operation by Licensed Hire Cars) Regulations 2009, SI 2009/2863 Driving Licences (Exchangeable Licences) (Amendment) Order 2013, SI 2013/22 PART 3 DOOR SUPERVISORS/SECURITY INDUSTRY AUTHORITY SECTION 1 STATUTES Private Security Industry Act 2001 SECTION 2 STATUTORY INSTRUMENTS Private Security Industry Act 2001 (Licences) Regulations 2007, SI 2007/810 PART 4 STREET TRADING SECTION 1 COMMENTARY Commentary 'Touting for trade' Greater London SECTION 2 STATUTES Local Government (Miscellaneous Provisions) Act 1982 City of London (Various Powers) Act 1987 London Local Authorities Act 1990 London Local Authorities Act 2007 PART 5 APPEALS, CIVIL PROCEDURE AND CRIME (MISCELLANEOUS) SECTION 1 COMMENTARY Part A: Magistrates' court and Crown Court Appeals under the Licensing Act 2003 Part A: Appeals under the Gambling Act 2005 Part B: Appeals and applications to the High Court Part Bl: Judicial review - summary of the current procedure Part B2: Case stated - summary of the current procedure Part C: Human Rights SECTION 2 STATUTES Licensing Act 1872 Innkeepers Act 1878 Licensing Act 1902 Liability for War Damage (Miscellaneous Provisions) Act 1939 Hotel Proprietors Act 1956 Public Bodies (Admission to Meetings) Act 1960 Criminal Justice Act 1967 Local Government Act 1972 Local Government Act 1974 Licensed Premises (Exclusion of Certain Persons) Act 1980 Magistrates' Courts Act 1980 Senior Courts Act 1981 Criminal Justice Act 1982 Sporting Events (Control of Alcohol etc) Act 1985 Weights and Measures Act 1985 Deregulation and Contracting Out Act 1994 Human Rights Act 1998 Criminal Justice and Police Act 2001, Pts 1 and 2 SECTION 3 STATUTORY INSTRUMENTS Magistrates' Court Rules 1981, SI 19811552 Crown Court Rules 1982, SI 1982/1109 Measuring Equipment (Intoxicating Liquor) Regulations 1983, SI 1983/1656 Weights and Measures (Intoxicating Liquor) Order 1988, SI 1988/2039 Local Justice Areas Order 2011, SI 2011/1168 Local Justice Areas Order 2014, SI 2014/322 Local Authorities (Functions and Responsibilities) (England) Regulations 2000, SI 2000/2853 Openness of Local Government Bodies Regulations 2014, SI 2014/2095 Criminal Procedure Rules 2015, SI 2015/1490 PART 6 GAMBLING ACT 2005 SECTION 1 COMMENTARY Introduction Transitional provisions Part 1: General concepts The licensing objectives Licensing authorities Part 2: The Gambling Commission The duty to promote the licensing objectives The primary functions of the Gambling Commission Part 3: General offences Provision of facilities for gambling Territorial application: the current law Use of premises Miscellaneous offences Part 4: Protection of children and young persons Introduction General points Principal offences Employment offences Miscellaneous offences Penalties Table of offences under Part 4 of the Gambling Act 2005 Part 5: Operating licences Introduction Categories of licences General principles and procedure Conditions to be attached to operating licences Interaction between operating and personal licences Social responsibility Maintenance, regulation and duration Part 6: Personal licences Introduction Definition Criteria for grant and licence conditions Appeals Duration Fees Review Suspension and revocation Financial penalties Offences generally Part 7: Appeals in respect of operating and personal licences and when bets have been voided The First-tier Tribunal Cases which are appealable The timing of appeals Stay pending appeal The powers of the Tribunal Appeals from the Tribunal Part 8: Premises licences Introduction Purpose of the premises licence Requirement for a premises licence Exceptions to the requirement for a premises licence The licensing authority Making an application for a premises licence Responsible authorities and interested parties Determination of application Division of premises The use of premises Conditions Particular types of premises Part 9: Temporary use of premises Limited alternative to premises licence Giving notice Objections Part 10: Gaming machines Introduction Gaming machine – definition Skill machines Exceptions Gaming machines: Categories A to D Offences Exceptions to offences Part 11: Lotteries Introduction Promoting a lottery Interpretation Offences Territorial application Permitted lotteries Part 12: Clubs, pubs and fairs Clubs; gaming and gaming machines Alcohol licensed premises; gaming and gaming machines Bingo Travelling fairs Part 13: Prize gaming Introduction Prize gaming conditions Prize gaming permits Adult gaming centres, family entertainment centres and travelling fairs Bingo halls Part 14: Private and non-commercial gaming and betting Part 15: Inspection Permitted activities Suspected offence GA 2005, s 307 inspection of gambling The power to enter premises in respect of which an application for a licence has been made (but not yet determined) The power to enter premises when a licence has already been granted .. Section 316: production of authorisations on demand Powers exercisable on entry Miscellaneous provisions Part 16: Advertising Part 17: Legality and enforceability of gambling contracts Power of Gambling Commission to void bets SECTION 2 STATUTES Gambling Act 2005 Gambling (Licensing and Advertising) Act 2014 SECTION 3 STATUTORY INSTRUMENTS Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006, SI 20061636 Gambling Act 2005 (Licensing Authority Policy Statement) (First Appointed Day) Order 2006, SI 20061637 Gambling Act 2005 (Transitional Provisions) Order 2006, SI 2006/1038 Gambling Act 2005 (Transitional Provisions) (No 2) Order 2006, SI 2006/1758 Gambling Act 2005 (Definition of Small-Scale Operator) Regulations 2006, SI 2006/3266 Gambling (Personal Licences) (Modification of Part 5 of the Gambling Act 2005) Regulations 2006, SI 2006/3267 Gambling Act 2005 (Commencement No 6 and Transitional Provisions) Order 2006 SI 2006/3272 Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006, SI 2006/3284 Gambling (Personal Licence Fees) Regulations 2006, SI 200613285 Gambling Act 2005 (Proceedings of Licensing Committees and Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007, SI 20071173 Gambling Act 2005 (Inspection) (Provision of Information) Regulations 2007, SI 2007/319 Gambling Act 2005 (Family Entertainment Centre Gaming Machine) (Permits) Regulations 2007, SI 2007/454 Gambling Act 2005 (Prize Gaming) (Permits) Regulations 2007, SI 2007/455 Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007, SI 2007/459 Gambling (Premises Licence Fees) (England and Wales) Regulations 2007, SI 2007/479 Gambling Act 2005 (Mandatory and Default Conditions) (England and Wales) Regulations 2007, SI 2007/1409 Gaming Machines in Alcohol Licensed Premises (Notification Fee) (England and Wales) Regulations 2007, SI 2007/1832 Gambling Act 2005 (Licensed Premises Gaming Machine Permits) (England and Wales) Regulations 2007, SI 2007/1833 Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007, SI 2007/1834 Gambling Act 2005 (Exempt Gaming in Alcohol-Licensed Premises) Regulations 2007, SI 200711940 Gambling Act 2005 (Gaming in Clubs) Regulations 2007, SI 200711942 Gambling Act 2005 (Exempt Gaming in Clubs) Regulations 2007, SI 200711944 Gambling Act 2005 (Club Gaming Permits) (Authorised Gaming) Regulations 2007, SI 2007/1945 Gambling Act 2005 (Incidental Non-Commercial Lotteries) Regulations 2007, SI 2007/2040 Gambling Act 2005 (Non-Commercial Equal-Chance Gaming) Regulations 2007, SI 2007/2041 Gambling Act 2005 (Gaming Machines) (Definitions) Regulations 2007, SI 2007/2082 Gambling Act 2005 (Horserace Totalisator Board) Order 2007, SI 2007/2102 Betting and Gaming Duties Act 1981 (Bingo Monetary Amounts) Order 2007, SI 2007/2152 Categories of Gaming Machine Regulations 2007, SI 2007/2158 Gambling Act 2005 (Horserace Betting Levy) Order 2007, SI 2007/2159 Gambling Act 2005 (Operating Licence Conditions) Regulations 2007, SI 2007/2257 Gambling Act 2005 (Premises Licences) (Review) Regulations 2007, SI 2007/2258 Gaming Machine (Single Apparatus) Regulations 2007, SI 2007/2289 Gaming Machine (Circumstances of Use) Regulations 2007, SI 2007/2319 Gaming Machine (Supply &c) Regulations 2007, SI 2007/2320 Small Society Lotteries (Registration of Non-Commercial Societies) Regulations 2007, SI 2007/2328 Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007, SI 2007/2329 Gambling (Lottery Machine Interval) Order 2007, SI 2007/2495 Gambling Act 2005 (Temporary Use Notices) Regulations 2007, SI 2007/3157 Gambling (Inviting Competing Applications for Large and Small Casino Premises Licences) Regulations 2008, SI 2008/469 Gambling (Geographical Distribution of Large and Small Casino Premises Licences) Order 2008, SI 2008/1327 Categories of Casino Regulations 2008, SI 2008/1330 Tribunal Procedure (Upper Tribunal) Rules 2008, SI 2008/2698 Gambling Act 2005 (Limits on Prize Gaming) Regulations 2009, SI 2009/1272 Gambling Act 2005 (Gaming Tables in Casinos) (Definitions) Regulations 2009, SI 2009/1970 Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, SI 2009/1976 Transfer of Tribunal Functions Order 2010, SI 2010/22 First-Tier Tribunal (Gambling) Fees Order 2010, SI 2010/42 Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) Order 2014, SI 2014/1641 General Betting, Pool Betting and Remote Gaming Duties (Returns, Payments, Information and Records) Regulations 2014, SI 2014/2912 PART 7 MISCELLANEOUS STATUTES AND STATUTORY INSTRUMENTS SECTION 1 BETTING STATUTES Betting, Gaming and Lotteries Act 1963 Horserace Betting Levy Act 1969 Horserace Totalisator and Betting Levy Boards Act 1972 Horserace Betting Levy Act 1981 Betting and Gaming Duties Act 1981 Horserace Betting and Olympic Lottery Act 2004 STATUTORY INSTRUMENTS Betting Levy Appeal Tribunal (England and Wales) Rules 1963, SI 1963/748 General Betting Duty Regulations 2001, SI 2001/3088 Horserace Betting Levy (Bookmakers' Committee) Regulations 2003, SI 2003/1909 Remote Gambling (Double Taxation Relief) Regulations 2012, SI 2012/1900 General Betting, Pool Betting and Remote Gaming Duties (Registration, Records and Agents) Regulations 2014, SI 2014/2257.2255 SECTION 2 GAMING STATUTES Betting and Gaming Duties Act 1981 STATUTORY INSTRUMENTS Amusement Machine Licence Duty Regulations 1995, SI 1995/2631 Amusement Machine Licence Duty (Special Licences) Regulations 1996, SI 1996/1423 Gaming Duty Regulations 1997, SI 1997/2196 Amusement Machine Licence Duty (Small-Prize Machines) Order 1998, SI 1998/2207 Bingo Duty Regulations 2003, SI 2003/2503 Money Laundering Regulations 2003, SI 2003/3075 Remote Gaming Duty Regulations 2007, SI 2007/2192 Machine Games Duty Regulations 2012, SI 2012/2500 Machine Games Duty (Exemptions) Order 2012, SI 2012/2898 Finance Act 2009, Sections 101 and 102 (Machine Games Duty) (Appointed Day) Order 2013, SI 2013/67 SECTION 3 LOTTERIES STATUTES National Lottery etc Act 1993 Horserace Betting and Olympic Lottery Act 2004 Tribunals, Courts and Enforcement Act 2007 STATUTORY INSTRUMENTS Lottery Duty Regulations 1993, SI 1993/3212 National Lottery Regulations 1994, SI 1994/1189 Lottery Duty (Instant Chances) Regulations 1995, SI 1995/2815 National Lottery etc Act 1993 (Amendment of Section 23) Order 1996, SI 1996/3095 National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 1999, SI 1999/137 National Lottery (Licence Fees) Order 2001, SI 2001/2506 National Lottery Distributors Dissolution Order 2006, SI 2006/2915 National Lottery (Annual Licence Fees) Regulations 2010, SI 2010/17 Public Bodies (Merger of the GaITlbling Commission and the National Lottery Commission) Order 2013, SI 2013/2329 Index


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Product Details
  • ISBN-13: 9781405799744
  • Publisher: Lexisnexis UK
  • Publisher Imprint: Butterworths Law
  • Edition: New edition
  • Language: English
  • Weight: 1754 gr
  • ISBN-10: 1405799749
  • Publisher Date: 23 Dec 2016
  • Binding: SA
  • Height: 246 mm
  • No of Pages: 2934
  • Width: 155 mm


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