Licensed Premises (Exclusion of Certain Persons) Act 1980
Licensed Premises(Exclusion of CertainPersons) Act 1980
1980 CHAPTER 32
An Act to empower the courts to make orders excluding certain categories of convicted persons from licensed premises.
[30th June 1980]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Exclusion orders.
(1) Where a court by or before which a person is convicted of an offence committed on licensed premises is satisfied that in committing that offence he resorted to violence or offered or threatened to resort to violence, the court may, subject to subsection (2) below, make an order (in this Act referred to as an ‘exclusion order’) prohibiting him from entering those premises or any other specified premises, without the express consent of the licensee of the premises or his servant or agent.
(2) An exclusion order may be made either—
(a ) in addition to any sentence which is imposed in respect of the offence of which the person is convicted; or
(b ) where the offence was committed in England or Wales, notwithstanding the provisions of sections 2, 7 and 13 of the Powers of Criminal Courts Act 1973 (cases in which probation orders and absolute and conditional discharges may be made, and their effect), in addition to a probation order or an order discharging him absolutely or conditionally; or
(c ) where the offence was committed in Scotland, notwithstanding the provisions of sections 182, 183, 191, 383, 384 and 392 of the Criminal Procedure (Scotland) Act 1975 (cases in which probation orders and absolute discharges may be made, and their effect), in addition to a probation order or an order discharging him absolutely;
but not otherwise.
(3) An exclusion order shall have effect for such period, not less than three months or more than two years, as is specified in the order, unless it is terminated under section 2(2) below.
2 Penalty for non-compliance with exclusion order.
(1) A person who enters any premises in breach of an exclusion order shall be guilty of an offence and shall be liable on summary conviction or, in Scotland, on conviction in a court of summary jurisdiction to a fine not exceeding 200 or to imprisonment for a term not exceeding one month or both.
(2) The court by which a person is convicted of an offence under subsection (1) above shall consider whether or not the exclusion order should continue in force, and may, if it thinks fit, by order terminate the exclusion order or vary it by deleting the name of any specified premises, but an exclusion order shall not otherwise be affected by a...
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