United Kingdom Statutory Instruments

Citation and application

1.–(1) This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 1 and Transitional and Saving Provisions) (England) Order 2010.

(2) This Order applies only in relation to England.

Interpretation

2.–(1) In this Order–

"the 2009 Act" means the Policing and Crime Act 2009,

"the 2007 Act" means the London Local Authorities Act 2007(2),

"the 2003 Act" means the Licensing Act 2003(3),

"the 1986 Act" means the Greater London Council (General Powers) Act 1986(4),

"the 1982 Act" means the Local Government (Miscellaneous Provisions) Act 1982(5),

"the first appointed day", in relation to the area of a local authority, means the day on which Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act comes into force in that area in consequence of a resolution of the local authority under section 2 of the 1982 Act or paragraph 2(2) of Schedule 3 to the 2009 Act,

"hostess bar" has the meaning given by paragraph 3B of Schedule 3 to the 1982 Act as it has effect by virtue of section 33 of the 2007 Act,

"local authority" has the meaning given by section 2(5) of the 1982 Act,

"premises" (other than in the expressions "premises licence" and "club premises certificate") has the meaning given by paragraph 2A(14) of Schedule 3 to the 1982 Act,

"premises licence" (and "club premises certificate") have the same meaning as in the 2003 Act,

"relevant entertainment" has the same meaning as in paragraph 2A of Schedule 3 to the 1982 Act,

"the second appointed day", in relation to the area of a local authority, means the first day after the end of the period of 6 months beginning with the day which is the first appointed day in relation to that area,

"sex cinema" has the meaning given by paragraph 3 of Schedule 3 to the 1982 Act,

"sex encounter establishment" has the meaning given by paragraph 3A of Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act,

"sex shop" has the meaning given by paragraph 4 of Schedule 3 to the 1982 Act,

"sexual entertainment venue" (and references to the use of premises as such a venue) have the meanings given by paragraph 2A of Schedule 3 to the 1982 Act,

"the third appointed day", in relation to the area of a local authority, means the first day after the end of the period of 12 months beginning with the day which is the first appointed day in relation to that area.

(2) The references in articles 7(1), 8(1) and 9(1) to an application for the grant of a licence under Schedule 3 to the 1982 Act in relation to a sexual entertainment venue include references to an application for a variation or renewal of a licence under Schedule 3 to the 1982 Act for a sex shop, sex cinema or hostess bar so as also to enable the use of the premises concerned as a sexual entertainment venue.

(3) The references in articles 7 to 9 to the determination of an application do not include references to the determination of any appeal against a refusal to grant such an application.

Provisions coming into force on 6th April 2010

3. The day appointed for the coming into force of the following provisions of the 2009 Act is 6th April 2010:

(a) section 27 (regulation of lap dancing and other sexual entertainment venues etc) so far as not already in force;

(b) Schedule 3 (lap dancing and other sexual entertainment venues etc: transitional provision) so far as not already in force;

(c) paragraph 23 of Schedule 7 (amendment to the 2003 Act) and section 112(1) (minor and consequential amendments and repeals) so far as it relates to that paragraph.

Transitional and saving provisions

4. Articles 5 to 12 apply if Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act comes into force in the area of a local authority in consequence of a resolution of the authority under section 2 of the 1982 Act or paragraph 2(2) of Schedule 3 to the 2009 Act.

5.–(1) Paragraphs 28 and 29 of Schedule 3 to the 1982 Act (existing transitional provision) do not apply in relation to sexual entertainment venues.

(2) Paragraph (1) does not prevent any continued application on or after the first appointed day of paragraphs 28 and 29 of Schedule 3 to the 1982 Act, as modified by article 2(3) of the Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010(6), so far as those paragraphs applied immediately before that day in relation to sex encounter establishments.

6.–(1) It is lawful for any person who, immediately before the first appointed day–

(a) has a 2003 Act licence, but not a sex encounter establishment licence, in relation to any premises, and

(b) uses the premises as a sexual entertainment venue under the 2003 Act licence or is undertaking preparatory work to use the premises as such a venue under that licence,

to use the premises as a sexual entertainment venue under a 2003 Act licence until the third appointed day or the determination of any application to which article 7 or 8 applies and which is made by that person (including the determination of any appeal against a refusal to grant the application), whichever is the later.

(2) In paragraph (1) –

"2003 Act licence", in relation to any premises, means a premises licence or club premises certificate under which it is lawful to provide relevant entertainment at those premises,

"sex encounter establishment licence" means a licence for a sex encounter establishment under Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act.

(3) Paragraph (1) applies despite Schedule 3 to the 1982 Act (and therefore any use authorised by that paragraph is not contrary to paragraph 6 of that Schedule) but is otherwise without prejudice to any other enactment.

7.–(1) This article applies to an application, which is made under Schedule 3 to the 1982 Act on or after the first appointed day but on or before the second appointed day, for the grant of a licence under that Schedule in relation to a sexual entertainment venue.

(2) The local authority concerned must not determine any application to which this article applies until they have considered all such applications.

(3) Where the local authority grant such an application before the third appointed day in relation to premises to which article 6(1) applies, the licence does not take effect until the third appointed day.

(4) Paragraph (3) does not prevent any other licence granted on an application to which this article applies from having immediate effect.

8.–(1) This article applies to an application, which is made under Schedule 3 to the 1982 Act after the second appointed day but before the third appointed day, for the grant of a licence under that Schedule in relation to a sexual entertainment venue.

(2) The local authority concerned must not determine any application to which this article applies until they have determined all the applications to which article 7 applies.

(3) Where the local authority grant an application to which this article applies before the third appointed day in relation to premises to which article 6(1) applies, the licence does not take effect until the third appointed day.

(4) Paragraph (3) does not prevent any other licence granted on an application to which this article applies from having immediate effect.

9.–(1) This article applies to an application, which is made under Schedule 3 to the 1982 Act on or after the third appointed day, for the grant of a licence under that Schedule in relation to a sexual entertainment venue.

(2) The local authority concerned must not determine any application to which this article applies until they have determined all the applications to which article 7 applies.

10.–(1) The amendment made to Schedule 3 to the 1982 Act by section 27(5) of the 2009 Act (grounds for refusal of licences) does not apply to any application made under that Schedule before the first appointed day for the grant or renewal of a licence for a sex shop or sex cinema.

(2) The amendment made to Schedule 3 to the 1982 Act by section 27(7) of the 2009 Act (fees) does not apply to any application made under that Schedule before the first appointed day for the variation of a licence for a sex shop or sex cinema.

(3) The amendment made to Schedule 3 to the 1982 Act by section 27(8) of the 2009 Act (powers of constables and local authority officers) does not apply where a constable or authorised officer of a local authority is acting in relation to a sex shop or sex cinema under the authority of a warrant granted under that Schedule before the first appointed day.

(4) The amendment made to Schedule 3 to the 1982 Act by section 27(9) of the 2009 Act (appeals) does not apply to any application made under that Schedule before the first appointed day for the renewal of a licence for a sex shop or sex cinema.

(5) This article does not apply in relation to any application made, or warrant granted, under Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act or section 33 of the 2007 Act.

11. The amendment made by paragraph 23 of Schedule 7 to the 2009 Act does not apply in relation to premises to which article 6(1) applies until the authority granted by that article to use the premises expires.

12.–(1) Paragraph (2) applies if, on an application to which article 7 or 8 applies in relation to premises to which article 6(1) applies, a person is granted a licence under Schedule 3 to the 1982 Act to use the premises as a sexual entertainment venue.

(2) Any conditions in the premises licence or club premises certificate concerned which–

(a) relate expressly and exclusively to the regulation of relevant entertainment at the premises, or

(b) are inconsistent with, and less onerous than, the conditions in the licence granted under Schedule 3 to the 1982 Act,

are to be treated as if deleted from the premises licence or club premises certificate concerned from the day on which the licence granted under Schedule 3 to the 1982 Act has effect.

EXPLANATORY NOTE

(This note is not part of the Order)

This is the first Commencement Order made under the Policing and Crime Act 2009 ("the 2009 Act") for England only. Article 3 brings the remainder of the provisions of the 2009 Act relating to sexual entertainment venues into force on 6^th April 2009. Articles 4 to 12 contain transitional and saving provisions in relation to these provisions of the Act. Broadly speaking, existing lap dancing clubs with a premises licence or club premises certificate under the Licensing Act 2003, under which it is lawful to provide such entertainment, will continue to be able to operate for one year after local authorities adopt the 2009 Act provisions or, if later, the determination of any application submitted during that year.

The Welsh Ministers have the power to commence and make equivalent transitional and saving provisions for Wales.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force, or will be brought into force, by commencement orders made before the date of this Order: