The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009

• Citation: S.I. 2009/1724
• Sections: 6

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009 and comes into force on the twenty-ninth day after the day on which it is made.

(2) This Order extends to England and Wales only.

Section 2 Amendment of the Licensing Act 2003

The Licensing Act 2003 is amended as set out in articles 3 to 6.

Section 3 Application for licence in respect of community premises: supervision of alcohol sales

After section 25 insert—

Grant of premises licence: supply of alcohol from community premises

(25A)

(1) Where a management committee of community premises makes an application under section 17 for a premises licence authorising the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

(2) In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

(3) In a case where an application under section 17 includes an application under subsection (1), sections 17 to 19 are modified as follows.

(4) Section 17 has effect as if subsections (3)(c) and (4)(e) were omitted.

(5) Section 18 has effect as if—

(a) subsection (4)(c) were omitted;

(b) in subsection (6)(c), the reference to the identity of the person named in the application as the proposed premises supervisor were to the inclusion of the alternative licence condition;

(c) in subsection (9)(b), the reference to the designation of the person concerned as the premises supervisor under the premises licence were to the inclusion of the alternative licence condition.

(6) Section 19 has effect as if at the end there were inserted—

(4) But where—

(a) the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and

(b) if any representations are made pursuant to section 18(6)(c), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be necessary to promote the crime prevention objective,

the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 25A(2) instead.

Section 4 Variation of licence in respect of community premises: supervision of alcohol sales

After section 41C insert—

Variation of premises licence: supply of alcohol from community premises

(41D)

(1) Where a management committee which holds a premises licence in respect of community premises makes an application under section 34 for variation of the licence so as to authorise the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

(2) A management committee which holds a premises licence in respect of community premises which includes the conditions in section 19(2) and (3) may make an application under section 34 for (or which includes an application for) variation of the licence to include the alternative licence condition instead of those conditions.

(3) In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

(4) In a case where an application under section 34 includes an application under subsection (1), or is made pursuant to subsection (2), section 19 (as it applies by virtue of section 35(7)) and section 35 are modified as follows.

(5) Section 19 has effect as if at the end there were inserted—

(4) But where—

(a) the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and

(b) if any representations are made pursuant to section 35(5)(aa), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be necessary to promote the crime prevention objective,

the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 41D(3) instead.

(6) Section 35 has effect as if—

(a) after subsection (5)(a) there were inserted—

(aa) if they relate to the inclusion of the alternative licence condition referred to in section 41D(3)—

(i) were made by the chief officer of police for a police area in which the premises are situated, and

(ii) include a statement that, due to the exceptional circumstances of the case, he is satisfied that including the alternative licence condition instead of the conditions in section 19(2) and (3) would undermine the crime prevention objective, and

(b) in subsection (6)-

(i) in paragraph (a) “by an interested party or responsible authority” were omitted, and

(ii) paragraph (c) were omitted.

Section 5 Review of licence in respect of community premises: supervision of alcohol sales

After section 52 insert—

Review: supply of alcohol from community premises

(52A)

(1) In a case where an application is made under section 51 for review of a premises licence which—

(a) is held by a management committee in respect of community premises, and

(b) includes the alternative licence condition,

section 52 is modified as follows.

(2) Subsection (4) has effect as if paragraph (c) were omitted.

(3) Subsection (5) has effect as if for that subsection there were substituted—

(5) Subsection (3) is subject—

(a) to the requirement that the licence must include—

(i) the conditions in section 19(2) and (3), or

(i) the alternative licence condition referred to in section 52A(4)

(but not both), and

(b) to sections 20 and 21 (requirement to include certain conditions in premises licences).

(4) In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

Section 6 Miscellaneous amendments

(1) In section 193—

(a) after the definition of “cider” insert—

“community premises” means premises that are or form part of—

a church hall, chapel hall or other similar building, or

a village hall, parish hall, community hall or other similar building;

(b) after the definition of “licensing functions” insert—

“management committee”, in relation to any community premises, means a committee or board of individuals with responsibility for the management of the premises;

(2) In the table in section 194—

(a) after the entry for “club premises certificate” insert the following entry—

community premises section 193

(b) after the entry for “licensing objectives” insert the following entry—

management committee section 193