Local Government (Miscellaneous Provisions) Act 1982
| Year | 1982 |
Local Government (Miscellaneous Provisions) Act 1982
1982 CHAPTER 30
An Act to make amendments for England and Wales of provisions of that part of the law relating to local authorities or highways which is commonly amended by local Acts; to make provision for the control of sex establishments; to make further provision for the control of refreshment premises and for consultation between local authorities in England and Wales and fire authorities with regard to fire precautions for buildings and caravan sites; to repeal the Theatrical Employers Registration Acts 1925 and 1928; to make further provision as to the enforcement of section 8 of the Public Utilities Street Works Act 1950 and sections 171 and 174 of the Highways Act 1980; to make provision in connection with the computerisation of local land charges registers; to make further provision in connection with the acquisition of land and rights over land by boards constituted in pursuance of section 1 of the Town and Country Planning Act 1971 or reconstituted in pursuance of Schedule 17 to the Local Government Act 1972; to exclude from the definition of ‘construction or maintenance work’ in section 20 of the Local Government, Planning and Land Act 1980 work undertaken by local authorities and development bodies pursuant to certain agreements with the Manpower Services Commission which specify the work to be undertaken and under which the Commission agrees to pay the whole or part of the cost of the work so specified; to define ‘year’ for the purposes of Part III of the said Act of 1980; to amend section 140 of the Local Government Act 1972 and to provide for the insurance by local authorities of persons voluntarily assisting probation committees; to make provision for controlling nuisance and disturbance on educational premises; to amend section 137 of the Local Government Act 1972; to make further provision as to arrangements made by local authorities under the Employment and Training Act 1973; to extend the duration of certain powers to assist industry or employment conferred by local Acts; to make corrections and minor improvements in certain enactments relating to the local administration of health and planning functions; and for connected purposes.
[13th July 1982]
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:—
Part I
Licensing of Public Entertainments
1 Licensing of public entertainments.
(1) Subject to subsection (2) below, Schedule 1 to this Act shall have effect with respect to the licensing outside Greater London of the public entertainments referred to in that Schedule.
(2) Paragraphs 3 and 4 of the Schedule shall not have effect in the area of a local authority unless the authority so resolve.
(3) If a local authority do so resolve, those paragraphs shall come into force in their area on the day specified in that behalf in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).
(4) A local authority shall publish notice that they have passed a resolution under this section in two consecutive weeks in a local newspaper circulating in their area.
(5) The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of the paragraphs in the local authority's area.
(6) The notice shall state the general effect of the paragraphs.
(7) The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on subsections (1) to (6) above.
(8) In Schedule 12 to the London Government Act 1963—
(a ) in paragraph 10(3) (penalties for offences relating to entertainments held without licences or contravening licences) for ‘five hundred pounds’ there shall be substituted ‘1,000’; and
(b ) in paragraph 12(3) (penalty for refusal to permit entry to or inspection of premises) for ‘twenty pounds’ there shall be substituted ‘200’.
(9) Subsection (8) above has effect only in relation to offences committed after 1st January 1983.
(10) So much of any local enactment passed before 1974 as relates to the regulation by means of licensing of public entertainments of any description referred to in Schedule 1 to this Act shall cease to have effect.
(11) In this section ‘local authority’ means—
(a ) the council of a district; and
(b ) the Council of the Isles of Scilly.
(12) This section shall come into force on 1st January 1983.
Part II
Control of Sex Establishments
2 Control of sex establishments.
(1) A local authority may resolve that Schedule 3 to this Act is to apply to their area; and if a local authority do so resolve, that Schedule shall come into force in their area on the day specified in that behalf in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).
(2) A local authority shall publish notice that they have passed a resolution under this section in two consecutive weeks in a local newspaper circulating in their area.
(3) The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of Schedule 3 to this Act in the local authority's area.
(4) The notice shall state the general effect of that Schedule.
(5) In this Part of this Act ‘local authority’ means—
(a ) the council of a district;
(b ) the council of a London borough; and
(c ) the Common Council of the City of London.
Part III
Street Trading
3 Power of district council to adopt Schedule 4.
3. A district council may resolve that Schedule 4 to this Act shall apply to their district and, if a council so resolve, that Schedule shall come into force in their district on such day as may be specified in the resolution.
Part IV
Control of Refreshment Premises
Take-away food shops
4 Closing hours for take-away food shops.
(1) A district council may make an order under this subsection (in this Part of this Act referred to as a ‘closing order’) with respect to any premises in their district where meals or refreshments are supplied for consumption off the premises, other than—
(a ) any premises that are a late night refreshment house, as defined in section 1 of the Late Night Refreshment Houses Act 1969 ; and
(b ) any premises that are exempt licensed premises as defined in that section,
if they are satisfied that it is desirable to make such an order to prevent residents in the neighbourhood of the premises being unreasonably disturbed either by persons resorting to the premises or by the use of the premises for the supply of meals or refreshments.
(2) A closing order shall be an order specifying individual premises and prohibiting the use of the premises for the supply of meals and refreshments to the public between such hours as may be specified in the order.
(3) The hours specified in a closing order shall commence not earlier than midnight and finish not later than 5 o'clock in the morning.
(4) A closing order may prohibit the use of the premises to which it relates for the supply of meals and refreshments to the public between different hours on different days of the week.
(5) A district council may vary a closing order by an order under this subsection (in this Part of this Act referred to as a ‘variation order’).
(6) A district council may revoke a closing order by an order under this subsection (in this Part of this Act referred to as a ‘revocation order’).
(7) A variation order or a revocation order may be made on the written application of the keeper of the premises to which the closing order relates, or without such an application.
(8) Subject to subsection (9) below, a closing order shall cease to have effect 3 years from the date on which it was made, but without prejudice to the power of the district council to make a further closing order.
(9) Subsection (8) above shall have effect in relation to a closing order which has been varied as if the reference to the date on which it was made were a reference to the date on which it was last varied.
(10) In this Part of this Act ‘the keeper’, in relation to any premises, means the person having the conduct or management of the premises.
(11) Until section 7(1) and (2) below come into force this section shall have effect as if the following paragraph were substituted for subsection (1)(b ) above—
‘(b ) a house, room, shop or building which is licensed for the sale of beer, cider, wine or spirits,’.
5 Closing orders etc.— procedure and appeals.
(1) A district council shall take all relevant circumstances into consideration when determining whether to make—
(a ) a closing order; or
(b ) a variation order which varies a closing order or a previous variation order by specifying—
(i) an hour later than that specified in the order which it varies as the hour at which the use of the premises for the supply of meals and refreshments to the public may begin; or
(ii) an hour earlier than that so specified as the hour at which their use for that purpose...
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