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Licensing Practice and Procedure

Licensing Practice and Procedure


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About the Book

Licensing Practice and Procedure is a convenient and practical guide to the complexities of alcohol licensing and the licensing of betting, gaming and lotteries. Part I covers liquor, entertainment and other licensable leisure activities, dealing with the principles under the Licensing Act 2003, and with premises licences, clubs, permitted temporary activities, personal licences, the offences which may be committed, the closure of premises, and appeals. This ninth edition of Licensing Practice and Procedure takes account of developments in the law since the 2003 Act came into force. Part II, on betting and gaming, has been completely re-written to take account of the Gambling Act 2005. The policy behind the new Act and the key concepts are explained, as are the roles of the Gambling Commission and of the licensing authorities. The text goes on to deal with the new classes of operating licence for casinos, bingo, general betting, pool betting, betting intermediaries, gaming machines, gambling software, and lotteries. Also covered are personal licences, premises licences, the temporary use of premises; gaming machines; lotteries; clubs, pub and fairs; prize gaming; enforcement; advertising of gambling; and the offences which may be committed in connection with gambling.

Table of Contents:
I: LIQUOR, ENTERTAINMENT AND OTHER LICENSABLE LEISURE ACTIVITIES; 1: Introduction; General philosophy and policy; licensable activities; qualifying club activities; regulated entertainment; late night refreshments; exclusions; types of authorisation; jurisdiction; licensing authorities; licensing functions and licensing objectives; licensing committees; the register; proceedings of licensing committees; delegation; ministerial guidance; information; fees; interpretation and definitions.; 2: Premises Licences; The licence; the relevant licensing authority; authorised persons; interested parties; responsible authorities; the applicant; the application; the operating schedule; advertising; plans; consents of designated premises supervisors; notices to responsible authorities; inspection of premises; determination of the application; notices of hearing; procedure at hearings; mandatory conditions; prohibited conditions; notification of outcome; the duty to act judicially; the licence and summary; theft or loss of licence or summary; duration of licence; lapse; surrender; provisional statements; change of name or address; variation of licence; change or removal of specified premises supervisor; transfer of licence; interim authority notice on lapse of licence; reinstatement of lapsed licence; review of licence; summary review of premises licences; updating documents; duty to keep and produce licence.; 3. Clubs; Club premises certificate; qualifying clubs and general conditions; establishment and conduct; industrial and provident societies, friendly societies etc.; miners' welfare institutes; interpretation; the application; representations; determination of the application; procedure at the hearing; mandatory condition: films; prohibited conditions; certificate authorising off-sales; notification of outcome; the certificate and summary; theft or loss of certificate or summary; duration of certificate; surrender; variation; review; withdrawal; fees; authority's duty to update certificate; duty to keep and produce certificate; inspection of premises; procedural irregularities and errors.; 4: Permitted Temporary Activities; Meaning of "permitted temporary activity"; the relevant licensing authority; temporary event notice; meaning of "supply of alcohol"; period between temporary events; acknowledgement of notice; withdrawal of notice; police objections; counter notice following police objection; time limits for service of counter notice; checklist; modification of notice; counter notice where permitted limits exceeded; rights of entry; duty to keep and produce notice; theft or loss of temporary event notice; hearings.; 5: Personal Licences; Eligibility; the application; forms; accompanying documentation; period of validity; time for renewal; continuation pending renewal; surrender; prohibition on multiple licences; determination of application; determination of application for renewal; notification of outcome; checklists; the duty to disclose convictions; revocation of licence following conviction; form of personal licence; theft or loss of licence; duty to notify changes; duty to notify courts that a licence is held; court order for forfeiture or suspension of licence on conviction; power to suspend forfeiture or suspension; licensing authority's duty to update licence; duty to produce licence.; 6: Offences; Unauthorised licensable activities; exposing alcohol for unauthorised sale; keeping alcohol for unauthorised sale; the "due diligence" defence; disorderly conduct; sale of alcohol to drunken persons; obtaining alcohol for a drunken person; failure to leave licensed premises etc.; keeping smuggled goods; prohibition on unaccompanied children; sale of alcohol to children; persistently selling alcohol to children; allowing sales to children; sales of liqueur confectionery to children under 16; purchase of alcohol by or on behalf of children; consumption of alcohol by children; delivering alcohol to children for consumption off the premises; sending a child to obtain alcohol; prohibition of unsupervised sales by children; confiscation of alcohol; prohibition on sales on or from moving vehicles and trains; false statements; prosecutions; bodies corporate, partnerships etc.; the standard scale of penalties.; 7: The Closure of Premises; Areas experiencing disturbance; closure of identified premises; exemption of police from liability.; 8: Other Provisions; Relaxation of hours on special occasions; activities in certain locations not licensable; activities exempt by their nature; garages and service areas; dancing and live music in small premises; right of freeholder, etc. to notification; rights of entry: licensable activities, offences; giving of notices etc; vessels, vehicles and moveable structures; the Crown; removal of ancient privileges and exemptions; powers of the Secretary of State; amendments and repeals; savings.; 9: Appeals; Premises licences; club premises certificates; other appeals.; II: BETTING & GAMING; 10: Introduction; The Gambling Act; the background and scheme of the Act; particular changes; casinos; other sources; the impact of the Act; transitional provisions.; 11: Framework and Key Concepts; Gambling and types of gambling activity; remote gambling; gaming; betting; lotteries; paying to participate; participation fees; cross-category activities; non-commercial societies and private gain; the value of prizes; scheme of control: lawful and unlawful gambling; licensing bodies; licensing objectives; further guidance; vessels and aircraft; excluded premises.; 12: The Gambling Commission; Constitution and composition; twin duties; statement of principle; codes of practice; statutory guidance; duty to advise the Secretary of State; compliance; information from local authorities; exchanges of information; consultation.; 13: Operating Licences: Classes and Conditions; Types of operating licence; included entitlements; powers and duties to impose conditions upon grant; rules relating to specific operating licences.; 14: Operating Licences: Maintenance, Duration and Review; Annual fee; change of circumstances; application for variation; submission for amendment; the register; copy licence; production of a licence; notification of conviction; duration; power to limit duration; renewal; surrender; lapse; forfeiture; review of class of operating licence; review of a particular operating licence; powers on review; provision of information; levy.; 15: Personal Licences; The nature of a personal licence; exemption for small-scale operators; the application of part 5.; 16: Applications for Operating and Personal Licences; Applications for operating licences; procedure; considering an application; powers; form of licence; application for a personal licence.; 17: Appeals Against Decisions of the Commission; Right of appeal; powers on appeal; stay pending appeal; tribunal rules; enforcement of costs orders; further appeal.; 18: Premises Licences: Classes and Conditions; Other authority for using premises for gambling; types of premises licence; combination of activities; vehicles and vessels; conditions; regulation of specific premises licences.; 19: Premises Licences: Maintenance, Duration and Review; Annual fee; availability; change of circumstances; application for variation; transfer; copy licence; duration; review.; 20: Premises Licence Applications; The principles; three year licensing policy; casino premises licence resolutions; delegation of functions; applications for premises licences and for provisional statements; casino premises licence application procedure; procedure to vary, transfer, reinstate; regulations relating to applications; representations; default; determining an application; proceedings of the licensing committee; the register; fees; appeals.; 21: Temporary Use of Premises; Nature; effect; form; maximum periods; procedure; availability; withdrawal; vehicles and vessels; delegation of functions; the register.; 22: Gaming Machines; Definition; categories A to D; adult gaming centres and family entertainment centres; regulation of gaming machines; offences; permits; territorial application.; 23: Lotteries; Promoting a lottery; definitions; offences; territorial application; exempt lotteries.; 24: Clubs, Pubs and Fairs; Clubs; pubs etc.; codes of practice; special provision for Scotland; fairs.; 25: Prize Gaming; Prize gaming; prize gaming permits; gaming and entertainment centres; fairs; prize gaming conditions; bingo halls; power to restrict exemptions.; 26: Applications for Permits; Club gaming permits and club machine permits; licensed premises gaming machine permits; prize gaming permits; family entertainment centre gaming machine permits.; 27: Private and Non-Commercial Gaming and Betting; 28: Inspection; Enforcement officers and authorised persons; inspections and powers of entry; powers upon entry; inspection and seizure of records; production of authorisation on demand; other restrictions on rights of entry.; 29: Advertising; The meaning of advertising; regulations; broadcasting; unlawful gambling; foreign gambling; territorial application.; 30: Offences; Providing facilities for gambling; use of premises; gambling software; cheating; chain-gift schemes; unlawful facilities abroad; children and young persons; gaming machines and lotteries; other offences; the prosecution of offences.; 31: Gambling Contracts; The new position; powers of the Gambling Commission; interim treatment of bet.; Appendix: Fees. Index.

About the Author :
Kevin Pain, MA (Oxon), is a barrister in practice from Pallant Chambers in Chichester. He also has experience as a legal advisor in the magistrates' courts service. Kenneth Pain, B.Sc, was for many years a justices' clerk, before practising as a barrister in Southampton. He has written and lectured widely on his specialist subjects: liquor, betting and gaming, and entertainments licensing. Kevin Pain takes over as author of this ninth edition of Licensing Practice and Procedure, having contributed to the eighth edition, while Kenneth Pain continues his long association with the book as consulting editor.

Review :
"... a clear synopsis of the most important elements of the new law and procedure." (New Law Journal) "... an excellent reference work, not only for solicitors and other practitioners but also for administrators and those involved in making licence applications." (Licensing Review)"


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Product Details
  • ISBN-13: 9781898899976
  • Publisher: Callow Publishing Ltd
  • Publisher Imprint: Callow Publishing Ltd
  • Edition: Revised edition
  • Language: English
  • Returnable: N
  • Width: 152 mm
  • ISBN-10: 1898899975
  • Publisher Date: 25 Feb 2008
  • Binding: Paperback
  • Height: 229 mm
  • No of Pages: 397
  • Spine Width: 20 mm


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