A. W. & C. Barsby: Legal Research and Publishing

Chapter 5 - Licensing

5-2 Different rules applies to wholesale businesses - these are covered by the Customs and Excise legislation.

5-3 Repeat convictions may mean that the offender loses his licence, if he has one, or is banned from obtaining one.

5-10 The legislation is lengthy and complex, and the explanation in the text is only a brief outline. More detail can be added here if there is a demaand for it.

5-14 Link to the Gaming Board of Great Britain. The site has very useful background on gaming machines and other matters for which the Board is responsible, including bingo and lotteries.

5-16 Link to British Waterways for further information.

5-17 Link to HMSO for the Breeding and Sale of Dogs (Welfare) Act 1999.

5-17 The definition is complicated, and needs to be studied carefully by anyone breeding dogs, to see whether the Act applies.

5-20 Link to DEFRA for information about caravan sites and exemptions.

5-25 Exhibitions in private dwelling houses are also exempt.

5-25 In addition to a licence under the Act, copyright consent may be needed to show a video or film to the public.

5-25 In addition to a licence under the Act, copyright consent may be needed to show a video or film to the public.

5-29 The definition of "pleasure fair" comes from the Public Health Act 1961, s. 75(2). Within the Greater London area, public entertainments are regulated under the London Government Act 1963.

5-36 It is not entirely clear whether the 1994 Act would apply to an event for which there was an entertainments licence, where there the terms of the licence had been exceeded, for example in relation to noise limits, hours, or numbers attending.

5-36 The practitioner's book on markets and fairs is Pease and Chitty's Law of Markets and Fairs, 5th ed, 1998, by E. F. Cousins and R. Anthony, ISBN 0 406 90008 6.

5-37 Where the right to hold a market comes from a local Act, the market will be regulated by the Markets and Fairs Clauses Act 1847.

5-40 The 1951 Act was amended by the Pet Animals (Amendment) Act 1983.

5-41 The extension to ornamental animals is presumably designed to covers animals such as fish.

5-47 Responsibility for byelaws now rests with the ODPM. Link to ODPM for further information on byelaws. For the time being, the Home Office's arrangements for confirming byelaws will continue to apply. Link to Home Office for Circular 25/1996.

5-50 There are some exemptions, including establishments concerned with police horses.

5-51 "Approved certificate" meansþ(a) any one of the following certificates issued by the British Horse Society, namely, Assistant Instructor's Certificate, Instructor's Certificate and Fellowship; (b) Fellowship of the Institute of the Horse; or (c) any other certificate for the time being prescribed by order by the Secretary of State (s. 6(4) of the 1964 Act, as amended).

5-58 Section 269(9) provides that the section shall not apply where local legislation (including byelaws) is in force which covers the same ground; but the local authority may ask the DFT to declare that the section is in force, and the declaration then automatically repeals the local legislation.

5-59 Link to DEFRA for information about camping and exemptions.

5-63 Link to DEFRA for consultation exercise on wild animals.