Supply of Beer (Loan Ties, Licensed Premises and Wholesale Prices) Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/2258 |
| Year | 1989 |
1989No. 2258
MONOPOLIES AND MERGERS
The Supply of Beer (Loan Ties, Licensed Premises and Wholesale
Prices) Order 1989
1stDecember1989
4thDecember1989
for the purposes of articles 2(2) (a) and 3(2) (a)for the purposes of articles 2(2) (a) and 3(2) (a)
1stJanuary1990
for all other purposes
1stMay1990
Whereas the Secretary of State, in accordance with section 91(2) of the Fair Trading Act 1973 ( a) , published on 22nd, 25th and 26th August 1989 a notice stating his intention to make this Order, indicating the nature of the provisions to be embodied in it and stating that any person whose interests were likely to be affected by it and who was desirous of making representations in respect of it should do so in writing before 10th October 1989;
And whereas the Secretary of State has considered the representations made to him in accordance with that notice:
Now, therefore, the Secretary of State, being the appropriate Minister within the meaning of section 56 of the said Act, in exercise of the powers conferred by sections 56(2) and 90(2), (3) and (4) of, and paragraphs 1, 2, 4, 8 and 9 of Schedule 8 to, the said Act, and for the purpose of remedying or preventing adverse effects specified in a report of the Monopolies and Mergers Commission entitled "The Supply of Beer-a report on the supply of beer for retail sale in the United Kingdom" ( b) , hereby makes the following Order:-
1.-(1) This Order may be cited as the Supply of Beer (Loan Ties, Licensed Premises and Wholesale Prices) Order 1989 and shall come into force-
(a) for the purposes of articles 2(2) (a) and 3(2) (a) below, on 1st January 1990, and(b) for all other purposes, on 1st May 1990.(2) In this Order-
"beer" includes any beverage of an alcoholic strength (within the meaning of the Alcoholic Liquor Duties Act 1979 ( c)) exceeding 1.2 per cent which is made with beer;
"brewer" means a person who carries on business in the manufacture of beer which is supplied by retail in the United Kingdom;
"brewery group" means a group which is
(a) a group of interconnected bodies corporate, or(b) a group consisting of a body corporate, or a group of interconnected bodies corporate, all other bodies corporate in which it, or any of them, has a substantial minority holding, and all subsidiaries of those other bodies corporate,and at least one member of which is a brewer;
(a) 1973 c.41.
(b) Cm 651.
(c) 1979 c.4.
"licensed premises" means-
(a) in England and Wales, premises for which a justices' on-licence (within the meaning of the Licensing Act 1964 ( a) other than a Part IV licence (within the meaning of that Act), is in force, or in respect of which a club is registered within the meaning of that Act;(b) in Scotland, premises in respect of which a public house licence, a hotel licence or a refreshment licence (within the meaning of the Licensing (Scotland) Act 1976 ( b) is in force or which are occupied by a registered club within the meaning of that Act;(c) in Northern Ireland, premises in which the sale of intoxicating liquor is authorised by a licence granted under the Licensing Act (Northern Ireland) 1971 ( c) , being premises of a kind mentioned in paragraph (a) or (f) of section 3(1) of that Act, or in respect of which a club is registered within the meaning of the Registration of Clubs (Northern Ireland) Order 1987 ( d) ;"relevant purchase" , in the context of an agreement to which a brewer or a member of a brewery group is a party, means purchase by any other person who is not a member of the same group, for retail sale on licensed premises, of beer or other drink manufactured or supplied by any person not a party to the agreement;
"subsidiary" has the same meaning as in section 736 of the Companies Act 1985 ( e) ;
"substantial minority holding" means a holding by a body corporate of fifteen per cent or more, or an interest in shares conferring fifteen per cent or more, of the voting rights in another body corporate, other than its subsidiary...
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