Public Entertainments Licences (Drug Misuse) Act 1997 (repealed)
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Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 (licensing of public entertainments outside Greater London) is amended as follows.
In sub-paragraph (1) of paragraph 5 (licence to remain in force for a year or shorter specified period unless cancelled or revoked under paragraph 12(4)), for “12(4)” substitute “11A or 12(4) or (5)”.
After paragraph 6 insert—
Before paragraph 12 insert—
Where a person is convicted by a court of an offence under sub-paragraph (2) above in relation to a licence under paragraph 1 above in respect of a place, the court may revoke the licence if satisfied that— and the standard of proof for the purposes of this sub-paragraph is that applicable in civil proceedings.
In paragraph 17 (appeals)—
in sub-paragraph (1)(d) (appeal against revocation under paragraph 12(4)), before “12(4)” insert “11A or”;
in sub-paragraph (2) (start of period within which appeal may be brought), at the end insert “; but in a case where a decision is made under paragraph 6A(5) or 11A(4) above means the date on which the person in question is notified of the decision.”;
in sub-paragraph (3) (appeals against decision of magistrates' court), after “under this paragraph” insert “or under paragraph 12(5) above”;
in sub-paragraph (7) (effect of revocation or refusal of licence), for “refused,” substitute “refused otherwise than on the ground specified in paragraph 6A(2) above,”; and
A court which revokes an entertainments licence under paragraph 12(5) above may, if in the particular circumstances it would be unfair not to do so, order that the licence shall remain in force—
“controlled drugs” has the same meaning as in the Misuse of Drugs Act 1971;
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Schedule 12 to the London Government Act 1963 (licensing of public entertainments in Greater London) is amended as follows.
In sub-paragraph (3) of paragraph 1 (licence to remain in force for a year or shorter specified period unless cancelled or revoked under paragraph 10(4)), for “10(4)” substitute “9A or 10(4) or (4A)”.
After paragraph 2 insert—
Before paragraph 10 insert—
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— 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.
In paragraph 19 (appeals)—
in sub-paragraph (1) (right of appeal), for the words from “period of” to “as the case may be,” substitute “relevant period” and for “the next following sub-paragraph” substitute “sub-paragraph (2) of this paragraph”;
In this paragraph “relevant period” means the period of twenty-one days beginning with the date when the person in question is notified of— 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.
in sub-paragraph (2) (appeals against decision of magistrates' court), for “on an appeal under the foregoing sub-paragraph” substitute “under sub-paragraph (1) of this paragraph or under paragraph 10(4A) of this Schedule”;
in sub-paragraph (3) (effect of revocation or refusal of licence), omit “or 16(2)” and for “refused,” substitute “refused otherwise than on the ground specified in paragraph 2A(2) of this Schedule,”; and
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—
After that paragraph insert—
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This Act may be cited as the Public Entertainments Licences (Drug Misuse) Act 1997.
Sections 1 to 3 shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
An order under subsection (2) may include such transitional provisions as the Secretary of State considers appropriate in connection with the provisions to which it applies.
This Act extends to England and Wales only.