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ALCOHOL& ENTERTAINMENT LICENSINGLAW

ALCOHOL& ENTERTAINMENT

LICENSINGLAW

ColinManchester,LLB,PhD Professor of Licensing Law, School of Law, University of Birmingham

SusannaPoppleston,LLB,Solicitor

Founding Partner, Poppleston Allen, Licensing Solicitors, Nottingham

JeremyAllen,Solicitor

Founding Partner, Poppleston Allen, Licensing Solicitors, Nottingham

First published in Great Britain 2005 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom

Telephone: + 44 (0)20 7278

8000Facsimile: + 44 (0)20 7278 8080

Email: info@cavendishpublishing.com

Website: www.cavendishpublishing.com

Published in the United States by Cavendish Publishing c/o International Specialized Book Services, 5804 NE Hassalo Street, Portland, Oregon 97213-3644, USA

Published in Australia by Cavendish Publishing (Australia) Pty Ltd 45 Beach Street, Coogee, NSW 2034, Australia

Telephone:+61 (2)9664 0909 Facsimile:+61 (2)9664 5420

Email: info@cavendishpublishing.com.au

Website: www.cavendishpublishing.com.au

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, without the prior permission in writing of Cavendish Publishing Limited, or as expressly permitted by law, or under the terms agreed with the appropriate reprographics rights organisation. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Cavendish Publishing Limited, at the address above.

You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer.

British Library Cataloguing in Publication Data Manchester, Colin, 1952–Alcohol & entertainment licensing law 1 License system – England 2 License system – Wales I Title 343.4'2'08856631

Library of Congress Cataloguing in Publication Data Data available

ISBN 1-85941-672-1

ISBN 978-1-859-41672-3

1 3 5 7 9 10 8 6 4 2

Printed and bound in Great Britain

PREFACE

The Licensing Act 2003 represents the first major attempt to reform the law relating to the sale of alcohol since the introduction of the Licensing Act 1964 (which itself was a consolidating measure) and the law relating to the provision of entertainments since the Local Government (Miscellaneous Provisions) Act 1982. The last legislative reforms of any significance relating to the provision of late night refreshment services, outside of London, took place in the 1960s with the Refreshment Houses Acts 1964–67, which were consolidated in the Late Night Refreshment Houses Act 1969. Inevitably, the leisure industry landscape onto which these earlier legislative provisions were mapped has changed considerably in the intervening years. Indeed, it would probably be accurate to say that there was no concept of a ‘leisure industry’ at the time the previous reforms were implemented. The changing nature of the public house, often no longer devoted solely to the provision of alcohol, but featuring a wide variety of food and a range of entertainment, and the spread of nightclubs, multiplex cinemas and fast food outlets serving into the early hours of the morning, as well as the emergence of the ’24 hour city’, have all transformed the social scene that the previous legislative provisions were seeking to regulate. The 2003 Act represents a long overdue attempt to implement a modern system of licensing suitable for the 21st century.

Our objective in writing this book has been to try to provide a detailed exposition and analysis of the legislative provisions in the 2003 Act, although it is not intended to be simply a ‘Guide to the Licensing Act 2003’, and we have deliberately not chosen this as a title for the book. Whilst the greater part of the book inevitably focuses on the provisions of the new Act, the book professes to be more than an annotated version of the statute. It seeks to examine and address other issues raised by the legislation, notably changes to the framework within which licensing decisions are made and the human rights implications of the 2003 Act’s provisions. We hope that it is a better book for doing so. We have included in appendices the full text of the Act and the regulations and other secondary legislation introduced under it (without Schedules where these contain application forms), but not the Guidance issued by the Secretary of State for Culture, Media and Sport under s 182 of the Act. This was due to a combination of factors – the length of the Guidance (over 170 pages), the repetition of parts of the Act are in the Guidance, the fact that significant sections of the Guidance are incorporated into the text of the book and, ultimately, the pressure on space. As the Guidance is likely to be subject to amendment from time to time, it is best accessed on the Department of Culture, Media and Sport’s website (www.culture.gov.uk), where the full text is available.

We hope also that the book will be benefit from a measure of both academic and practitioner evaluation and input. Colin Manchester’s book Entertainment Licensing Law and Practice (ELLP), although covering matters of licensing practice, was written essentially from an academic perspective with no direct experience of legal practice. (This may have been all too apparent to those with a deep knowledge and understanding of legal practice in this area.) The present work on the new Act should remedy any deficiencies of the earlier work in this respect, since both Jeremy Allen and Susanna Poppleston have a wide knowledge of and expertise in legal practice in all of the areas covered in the new legislation. Those familiar with ELLP may recognise a few passages replicated in the present work. Rewriting a passage is neither an easy task nor, indeed, a productive one and, although copyright in the ELLP material remains with Colin Manchester, we are grateful to Butterworths for their agreement that verbatim inclusion of these sections did not contravene their exclusive right to publish.

It was always our intention that the writing of the book would be done by Colin Manchester, since, after all, writing is supposed to be one of the things that he is employed to do. Colin Manchester has duly obliged by writing first drafts of all of the chapters and incorporating all subsequent amendments as the chapters have progressed from first draft to final format. This has made the book more cohesive and has ensured a consistency of expression and style (or lack of it). We have, over the course of our work on the chapters, revised our views on a number of matters and the book as published reflects our current thinking. In due course it may be that in some instances our views will change from those expressed in the text and, where this is the case, each of us will have to fall back on the comforting words of Bramwell B in Andrews v Styrap (1872) 26 LT 704, 706: ‘The matter does not appear to me now as it appears to have appeared to me then.’

When writing the first drafts of the chapters, we made extensive use of crossreferencing to help readers navigate their way round the book and to make it more user-friendly. At that time the secondary legislation had not been published and when we incorporated it some of the paragraphs (for example, para 2.4.13 and para 6.3.1) grew considerably in length. Given the extensive cross-referencing, any attempt to change paragraph numbering would assume nightmare proportions and we have had no choice but to retain the original paragraph numbering. We hope that the benefits of cross-referencing will outweigh the fact that a number of single paragraphs run to several or more pages.

We have done our best to ensure, first, that there are no numerical errors in sections of the Act or in Articles, paragraphs or regulations in secondary legislation and, secondly, that text does not appear from earlier versions of the Bill or drafts of the secondary legislation or the Guidance and which does not correspond with the final text version. However, as is perhaps inevitable when writing a work based on legislation, as it is being passed and where it undergoes numerous changes during the course of its enactment, some errors will invariably have crept in. We can only hope that we have managed to keep errors to a minimum and will be grateful if any errors can be drawn to the attention of Colin Manchester by email (C.D.Manchester@bham.ac.uk) so that they can be rectified in subsequent editions of the book.

We are grateful to everyone who has given us assistance in the writing of this book. We are particularly indebted to Graeme Cushion, David Lucas, Lisa Sharkey, Jonathan Smith and Paddy Whur of Poppleston Allen for their helpful comments and valuable insights into various aspects of the legislation; to Adrian Hunt and Jeremy McBride of the University of Birmingham for their help with the chapter on licensing and human rights; and to a number of people with wide experience in and knowledge of the licensing field, including Yvonne Bacon, James Button, Pat Crowley, David Daycock and Peter Keown. Our thanks are also due to Cavendish Publishing, and in particular to Ruth Massey and Ruth Phillips, Sanjeevi Perera and Kara Milne, with whom we have worked closely on the project. Long delays in publication of the final version of both the Secretary of State’s Guidance and the secondary legislation has meant that the book has had a long gestation period and during this time the publishers, anxious to get the book published, have shown a remarkable degree of tolerance and patience. We were unanimous in our view that the book should not be published until the legislative process was virtually complete (for there are one or two areas on which secondary legislation is still to be published, for example, temporary event notices)

and we hope that in this respect we have made the right decision. Last, but by no means least, our thanks go to our families for putting up with our preoccupation with work on the book and for enduring frequent absences, both physical and mental, and it is to them that the book is dedicated.

It is hoped that the work will be of primary interest to legal practitioners, particularly those with some degree of specialisation in the field of licensing law, and to local authorities that have responsibility for administering the new licensing scheme. It may also be of interest to other individuals and bodies who, to a greater or lesser extent, are involved in these areas of licensing, such as magistrates, justices’ chief executives, prosecuting authorities and the various bodies (for example, police, fire authorities and environmental health departments) designated as ‘responsible authorities’ under the 2003 Act.

We have attempted to state the law, or at least the law as we understand it, as at 1 April 2005.

Manchester Susanna Poppleston

Jeremy Allen

April 2005

Colin

6.5Grant

6.6Notification

6.8Provisional

6.9Variation

6.10Transfer

6.11Reinstatement

6.12Review

6.13Updating,

8.1The

Schedule1Provision of regulated entertainment650

Part 1General definitions650

Part 2Exemptions651

Part 3Interpretation652

Schedule2Provision of late night refreshment653

Schedule3Matters to be entered in licensing register655

Schedule4Personal licence: relevant offences656

Schedule5Appeals658

Part 1Premises licences658

Part 2Club premises certificates660

Part 3Other appeals661

Schedule6Minor and consequential amendments663

Schedule7Repeals679

Schedule8Transitional provision etc684

Part 1Premises licences684

Part 2Club premises certificates690

Part 3Personal licences693

Part 4Miscellaneous and general695

APPENDIX2:LICENSINGACT2003(PREMISESLICENCESANDCLUB PREMISESCERTIFICATES)REGULATIONS2005697

APPENDIX3:LICENSINGACT2003(PERSONALLICENCES) REGULATIONS2005707

APPENDIX4:LICENSINGACT2003(HEARINGS)REGULATIONS2005711

APPENDIX5:LICENSINGACT2003(LICENSINGAUTHORITY’S REGISTER)(OTHERINFORMATION)REGULATIONS2005725

APPENDIX6:LICENSINGACT2003(FEES)REGULATIONS2005727

APPENDIX7:LICENSINGACT2003(TRANSITIONALCONVERSION FEES)ORDER2005735

APPENDIX8:LICENSINGACT2003(TRANSITIONALPROVISIONS) ORDER2005739

APPENDIX9:TABLEOFFEES745

APPENDIX10:TABLEOFOFFENCES747

TABLEOFCASES

Adamson v Waveney District Council (1997) 161 JP787

Adolf v Austria (1982) 4 EHRR 313

Ahmed and Others v UK (1998) 29 EHRR 1 .

Albert and Le Compte v Belgium (1983) 5 EHRR 533

Alder v George [1964] 1 All ER 628

Allen v Emmerson [1944] KB 362

Amuur v France (1996) 22 EHRR 533

Archer v Willingrice (1802) 4 Esp 186

Ashdown v Telegraph Group Ltd [2001] Ch 865

Associated Provincial Picture House Ltd v Wednesbury Corporation [1948] 1 KB 223

Attorney General v PYAQuarries Ltd [1957] 2 QB 169

Attorney General for Ontario v Orange Productions Ltd (1971) 21 DLR (3d) 257 .

Attorney General’s Reference (No 4 of 2002) [2005] 1 All ER 237, HL; [2004] 1 All ER 1, CA

Autronic AG v Switzerland (1990) 12 EHRR 485

Avais v Hartford, Shankhouse and District Workingmen’s Social Club and Institute Ltd [1969] 1 AC 1

Axelsson v Sweden (1989) 65 DR 99

Barberà, Messegué and Jabardo v Spain (1988) 11 EHRR 360

Barking and Dagenham London Borough Council v Bass Taverns [1993] COD 453

Batelaan and Huiges v Netherlands (1984) 41 DR 170

Beaumartin v France (1994) 19 EHRR 485

Belgian Linguistic Case (No 2) (1968) 1 EHRR 252

Benthem v Netherlands (1985) 8 EHRR 1

Boddington v British Transport Police [1998] 2 All ER 203

Bracegirdle v Oxley [1947] 1 KB 349

British Amusement Catering Trades Association v Westminster City Council [1989] AC 147

British Oxygen Co Ltd v Board of Trade [1971] AC 610

Brown v London and Northern Western Railway Co (1863) 32 LJQB 318

Bruce v McManus [1915] 3 KB 1

Bryan v UK (1996) 21 EHRR 342

Buchanan v Gresswell [1995] COD 355

Bushell v Newcastle upon Tyne Licensing Justices [2004] LLR 306

Campbell and Cosans v UK (1982) 4 EHRR 293

Campbell and Fell v UK (1984) 7 EHRR 165

Castells v Spain (1992) 14 EHRR 445

Chichester District Council v Ware (1992) 157 JP574

City of Bradford Metropolitan District Council v Booth [2001] LLR 151

City of London Police Commissioner v Little Ship Club [1964] Brewing Tr Rev 702

Civil Service Unions v Minister of State for the Civil Service [1985] AC 374

Cossey v UK (1990) 13 EHRR 622

Darker Enterprises v Dacorum Borough Council [1992] COD 465

Davies v Carmarthenshire County Council (2005) unreported, 3 March

Davies and Atkins v Crawley Borough Council [2002] LLR 68

Dingle v Turner [1972] AC 601

Dombo Beheer BV v Netherlands (1993) 18 EHRR 213

Ellis v Dubowski [1921] 3 KB 621

Elsholz v Germany, Application No 2573/94, 13 July 2000

Fay v Bignell (1883) Cab & El 112

Feldebrugge v Netherlands (1986) 8 EHRR 425

Frank Bucknell and Son Ltd v London Borough of Croydon [1973] 1 WLR 543

French v Hoggett [1968] 1 WLR 94

Gammon (Hong Kong) Ltd v Attorney General of Hong Kong [1985] AC 1

Gardner v Morris (1961) 59 LGR 187

Gaskin v UK (1989) 12 EHRR 36

Golder v UK (1975) 1 EHRR 524

Graff v Evans (1882) 9 QBD 373

Green v Inner London Licensing Justices (1994) 19 Licensing Review 13

Gregory v Tuffs (1833) 6 C & P271

Gregory v UK (1997) 25 EHRR 577

Groppera Radio AG v Switzerland (1990) 12 EHRR 321

Hadjianastassiou v Greece (1992) 16 EHRR 219

Hammett (RC) Ltd v Crabb (1931) 47 TLR 623

Handyside v UK (1979) EHRR 737

Hiro Balani v Spain (1994) 19 EHRR 565

Huaschildt v Denmark (1989) 12 EHRR 266

JS and Others v Netherlands (1995) 20 EHRR CD 41

James v UK (1986) 8 EHRR 123

Kavanagh v Chief Constable of Devon and Cornwall [1974] QB 624; affirming [1973] 3 All ER 657

Khan v UK (2001) 31 EHRR 45

Kingsley v UK (2002) 35 EHRR 177

Konig v Federal Republic of Germany (1978) 2 EHRR 170

Kopecky v Slovakia, Application No 44912/98, 28 September 2004

Lawson v Edminson [1908] 2 KB 952

Le Compte, Van Leuven and De Meyere v Belgium (1981) 4 EHRR 1

Leander v Sweden (1987) 9 EHRR 433

Lidster v Owen [1983] 1 WLR 516

Linde v Sweden (1986) 47 DR 270

Lingens v Austria (1986) 8 EHRR 103 .

London County Council v Bermondsey Bioscope Co Ltd [1911] 1 KB 445

M v Federal Republic of Germany (1985) 44 DR 203

McCool v Rushcliffe Borough Council [1998] 3 All ER 889

McLeod v Commissioner of Police for the Metropolis [1994] 4 All ER 553

Magill v Porter [2001] 1 All ER 4653

Marshall v South Oxfordshire District Council (1996) unreported

Mendip District Council v Glastonbury Festivals Ltd (1993) 91 LGR 447

Mesler v Police [1967] NZLR 437

Miller (TA) Ltd v Minister of Housing and Local Government [1968] 1 WLR 992

Moreno Gómez v Spain, Application No 4143/02, 16 November 2004

Müller v Switzerland (1988) 13 EHRR 212

Neale v RJME (AMinor) (1985) 80 Cr App R 20

Neumeister v Austria (1989) 1 EHRR 91

Observer and Guardian Newspapers v UK (1992) 14 EHRR 153

Open Door Counselling and Dublin Well Woman v Ireland (1992) 15 EHRR 244

Otto-Preminger v Austria (1994) 19 EHRR 34

Palser v Grinling [1948] AC 292

Payne v Bradley [1962] AC 343

Pepper v Hart [1993] AC 593

Petherick v Sargent (1862) 26 JP135

Piermont v France (1995) 20 EHRR 301

Plattform Ärtze für das Leben v Austria (1988) 13 EHRR 204

Pudas v Sweden (1987) 10 EHRR 380

Quietlynn Ltd v Oldham Borough Council (1984) unreported

Quietlynn Ltd v Plymouth City Council [1988] QB 114; [1987] 2 All ER 1040

R v Birmingham City Council ex p Quietlynn Ltd (1985) 83 LGR 461 .

R v Bromley Licensing Justices ex p Bromley Licensed Victuallers’ Association [1984] 1 All ER 794

R v Caldwell [1982] AC 341

R v Crown Court at Ipswich ex p Baldwin (1990) 72 Cr App R 131

R v Crown Court at Maidstone ex p Olson [1992] COD 496

R v Deller (1952) 36 Cr App R 184

R v Deputy Industrial Injuries Commissioner ex p Moore [1965] 1 QB 456

R v Director of Public Prosecutions ex p Kebiliene [2000] 2 AC 326

R v Dudley Crown Court ex p Pask and Moore (1983) 147 JP417

R v Edwards [1975] QB 27

R v Firth (1989) 91 Cr App R 217

R v G [2004] 1 Cr App R 21

R v Greater London Council ex p Blackburn [1976] 1 WLR 550

R v Greater London Council ex p Rank Organisation [1982] LS Gaz R 643

R v Gullefer [1990] 3 All ER 883

R v Hammersmith and Fulham London Borough Council ex p Earls Court Ltd (1993) The Times, 15 July

R v Hastings Magistrates’ Court ex p McSpirit (1994) 162 JP44

R v Hereford Magistrates’ Court ex p Rowlands [1998] QB 110

R v Howard ex p Farnham Licensing Justices [1902] 2 KB 363

R v Hunt [1987] AC 352

R v Huntingdon District Council ex p Cowan [1984] 1 WLR 501

R v Hyde Justices [1912] 1 KB 645

R v Kearley [1992] 2 AC 228

R v Liverpool Crown Court ex p Goodwin [2002] LLR 689

R v Local Commissioner for Administration in North and North East England ex p Liverpool City Council [2001] 1 All ER 462

R v McNamara (1988) 87 Cr App R 246

R v Mohan [1976] QB 1

R v Montila [2005] 1 All ER 113

R v North Hertfordshire District Council ex p Cobbold [1985] 3 All ER 486 .

R v Pearman (1985) 80 Cr App R 259

R v Peterborough Magistrates’ Court ex p Dowler [1996] 2 Cr App R 561

R v Rai [2000] Crim LR 192

R v Ruffell (David Ian) (1992) 13 Cr App R (S) 204

R v Secretary of State for the Home Department ex p Simms [1999] 3 All ER 400

R v Stafford Crown Court ex p Shipley [1998] 2 All ER 465

R v Tan [1983] 1 QB 1053, CA

R v Tucker (1877) 2 QBD 417

R v Windsor Licensing Justices ex p Hodes [1983] 2 All ER 551

R v Winson [1969] 1 QB 371

R (Grundy and Co Excavations Ltd and Parry) v Halton Division Magistrates’ Court and the Forestry Commission [2003] LLR 335

R (on the application of Aggregate Industries UK Ltd) v English Nature [2002] EWHC 908

R (on the application of Alconbury Developments and Others) v Secretary of State for the Environment [2003] 2 AC 295

R (on the application of Davies and Atkins) v Crawley Borough Council [2002] LLR 68

R (on the application of McCann) v Manchester Crown Court [2003] AC 787

R (on the application of Richardson and Another) v North Yorkshire County Council and Others [2004] 2 All ER 31

R (on the application of S (AChild)) v Brent London Borough Council [2002] EWCACiv 693

R (on the application of Westminster City Council) v Middlesex Crown Court and Chorion plc [2002] LLR 538

R (Wrexham Borough Council) v Chester Crown Court [2004] LLR 802

River Wear Commissioners v Adamson (1877) App Cas 743

Robins v UK (1998) 26 EHRR 527

Robinson v Secretary of State for Northern Ireland [2002] UKHL32

Rogers v Dodd [1968] 1 WLR 548

Rommelfanger v Germany (1989) 62 DR 151

Runa Begum v Tower Hamlets London Borough Council [2003] 2 AC 430

Ruffell

See R v Ruffell (David Ian)— Rushmoor Borough Council v Richards (1996) 160 LG Rev 460

Russell v DPP(1996) 161 JP185

S v UK (1986) 47 DR 274

Sagnata Investments Ltd v Norwich Corporation [1971] 2 QB 614

Salabiaku v France (1988) 13 EHRR 379

Sameen v Abeyewickrema [1963] AC 597

Sammut v Westminster City Council (1994) unreported

Severn View Club and Institute Ltd v Chepstow (Monmouthshire) Licensing Justices [1968] 1 WLR 1512

Shah v Barnet London Borough Council [1983] 1 All ER 226

Sharpe v Wakefield [1891] AC 173

Sheldrake v Director of Public Prosecutions [2005] 1 All ER 237

Soering v UK (1989) 11 EHRR 439

Solomon v Green (1955) 119 JP289

Sporring and Lonnroth v Sweden (1983) 5 EHRR 35

Steel v UK (1999) 28 EHRR 603

Streames v Copping [1985] QB 920

Størksen v Norway (1994) 78 DR 88

Sunday Times v UK (1979) 2 EHRR 245

Sweet v Parsley [1970] AC 132

Taylor’s Central Garages (Exeter) Ltd v Roper [1951] 2 TLR 284

Tehrani v Rostron [1971] 3 All ER 790

Tillmans Butcheries Property Ltd v Australasian Meat Industry Employees Union [1979] 42 FLR 331

Timmins v Millman [1965] 109 SJ 31

Toye v Southwark London Borough Council (2002) 49 Licensing Review 13

Tre Traktörer Aktiebolag v Sweden (1991) 13 EHRR 309

Tyrer v UK (1978) 2 EHRR 1

Vane v Yiannopoullos [1965] AC 486

Vogt v Germany (1995) 21 EHRR 205

W v UK, Commission Report, 15 October 1985

Wainright v Police [1968] NZLR 101

Warner v Metropolitan Police Commissioner [1969] 2 AC 256

Watford Borough Council v Private Alternative Birth Control Information and Education Centres Ltd [1985] Crim LR 594

Wemhoff v Federal Republic of Germany (1968) 1 EHRR 55

Westminster City Council v Croyalgrange Ltd [1986] 1 WLR 674

Westminster City Council v Horseferry Road Justices [2003] EWCACiv 1007

Westminster City Council v National Asylum Support Service [2002] UKHL38

Westminster City Council v Zestfair Ltd (1989) 153 JP613

Willowcell Ltd v Westminster City Council (1995) 160 JP101

Wingrove v UK (1997) 24 EHRR 1

Woking Urban District Council (Basingstoke Canal Act 1911), Re [1914] Ch 300

Woolmington v DPP[1935] AC 462

X v Austria, Application No 5362/72; (1972) 42 CD 145

X v Federal Republic of Germany, Application No 852/60, 19 September 1961

X v Federal Republic of Germany (1982) 26 DR 255

X and Church of Scientology v Sweden (1979) 16 DR 68

Young v O’Connell [2001] LLR 158

Zimmermann and Steiner v Switzerland (1983) 6 EHRR 17

Zumtobel v Austria (1994) 17 EHRR 116

Administration of Justice Act 1960—

s 1 .

Alcoholic Liquor Duties Act 1979

s 1

s 1(2)–(4), (6)

s 2 .

Alehouses Act 1828

Anti-Social Behaviour Act 2003—

ss 40, 41

Banking and Financial Dealings Act 1971

Beerhouses Act 1830

Berkshire County Council Act 1935

Betting, Gaming and Lotteries Act 1963—

s 6

s 33(2)

s 33(2)(c)

s 54

s 54(1)

Brighton Corporation Act 1966

s 46(2)(c)

s 201

Broadcasting Act 1996— Pt II

Care Standards Act 2000— Pt 2 .

2(2)

Charities Act 1993—

s 3

s 3(5)

s 96(1)

Children and Young Persons Act 1933

Cinemas Act 1985

s 297(1)

Courts Act 1971

Crime and Disorder Act 1998

Criminal Damage Act 1971—

Criminal Justice Act 1925— s 33

Criminal Justice Act 1988— s 36

Criminal Justice and Police Act 2001

Criminal Justice and Public Order Act 1994

Criminal Law Act 1977— ss 1, 54

Customs and Excise Management Act 1979

Customs and Excise Management Act 1979 (contd)— s 170(1)(a), (b)

s 173(1)(a)

Deregulation and Contracting Out Act 1994

s 1

Disability Discrimination Act 1995

Disorderly Houses Act 1751

s 2

Education Act 1962— s 1(1) .

Education Act 1996— s 4

s 4(1)

s 579(1)

Education Act 1992 .

Enduring Powers of Attorney Act 1985—

s 6

s 13(1)

Entertainments (Increased Penalties) Act 1990

Environmental Protection Act 1990

s 79(1)(a)

s 80

Essex County Council Act 1933

Finance Act 1995—

s 5

s 5(1), (6)

Fire Precautions Act 1971

s 6(2)(d)

s 18

Fire

.6.2.8

Further and Higher Education Act 1992

ss 62, 65, 90(1)

Gaming Act 1968

Greater London Council (General Powers) Act 1966— s 21

Greater London Council (General Powers) Act 1968

47–55

Greater London Council (General Powers) Act 1978—

Health and Safety at Work etc Act 1974

Hertfordshire County Council Act 1935

Home Counties (Music and Dancing) Licensing Act 1926

Human Rights Act 1998 (contd)—

s 2(1) .

s 2(1)(a), (b), (d) .

s 3

s 3(1) . .

s 3(2)

s 4

s 4(5), (6) . . .

s 5(3) . . . .

Licensing Act 1874

.3.2.2

.3.2.2, 3.5.21, 3.10

. .3.2.1, 3.5.21

.3.2.1

.4.3.21

s 6 . . . . . . . . . . . . . . . .3.2.1, 3.2.2, 3.10, 4.5.4, 6.4.22, 11.14.25

s 6(1) . . . . . . . . . . . . . .3.2.1, 4.3.22, 11.14.25

s 6(2), (3) . .

.3.2.1

s 6(3)(b) . . . . . . . . . . . . . . . . . .3.10, 11.14.25

s 7 .

s 7(1)

s 7(3) .

s 7(7) .

ss 8, 10

s 12

s 12(4)

s 19

s 19(1)(a)

Hypnotism Act 1952

Indecency with Children Act 1960

Indecent Displays (Control) Act

Industrial and Provident Societies Act 1965

s 74(1)

Insolvency Act 1986

Interpretation Act 1978—

s 6(c)

s 7

Landlord and Tenant Act 1954— Pt 2

Larceny Act 1916

Late Night Refreshment Houses Act 1969

.3.2.1

.4.3.22

.3.2.1

Licensing Act 1904

Licensing Act 1921 . .

Licensing Act 1949 .

Licensing Act 1961 .

Licensing Act 1964 . . . . . . . .1.2.4, 1.2.7, 1.2.8, 1.4.3, 2.2.2, 2.4.16, 4.3.3, 5.2.2, 6.1.14, 6.2.5, 7.2.4, 8.1.2, 8.2.4, 10.5.7, 11.2.12, 11.5.4, 11.5.5, 11.5.8, 13.3.4, 13.8, 13.10.2, 13.15.1

Pt III

s 2

.13.2.2

. .2.3.4, 13.1.3, 13.9.3

.13.3.4, 13.7.1, 13.7.2 Pt IV

s 1(1)

6(3)

s 9(3)–(4B)

s 39

s 39(1)

s 39(6)

s 40

s 41

s 41(1)(a)

s 41(1)(b)

s 41(2)(a)

s 41(2)(c)

s 41(3)

s 49

s 49(1) .

s 49(3) .

s 49(4) .

s 52 .

s 55

s 59

s 60(1)(a)–(c) .

s 60(6) . .

s 63(1)

s 64

s 67

s 67A

s 70

.13.3.3

.8.1.2

.8.2.17

.8.2.11

.13.9.3

.8.1.2, 8.2.4

.8.2.4, 13.10.2

.8.3.1, 13.9.3

.8.1.2, 8.2.4

.13.7.2

Licensing Act 1964 (contd)—

s 70(4) .

s 77

ss 78, 79

s 81

s 83(2) .

ss 86A, 87

s 95

s 148

s 160

s 168 . . . . .

s 168A

s 168A(1), (2) . . .

s 169 .

s 169(1) .

s 169(4A) . . .

s 169A .

s 169B . .

s 169B(1)

s 169C

s 169D .

s 169E

s 169F

s 169G

s 170

s 170(1), (1A) .

s 170A

s 171A

s 172

s 172(3)

s 172A(3)

s 173(1) .

s 174

s 174(3)

ss 177–79 .

s 180 .

s 182

s 188 .

s 193

s 196(1) . .

s 199(c) .

s 200 .

s 200(1) . .

s 201 . .

Sched 1

Sched 2

Sched 4

Sched 7

Sched 12A .

Licensing Act 1988

Licensing Act 2003 . . .

.13.3.4

.13.10.2

.13.3.4

.6.1.11

.13.2.2

.11.7.3, 13.3.4

13.3.4

.11.2.12, 11.7.13

.11.2.12

.11.2.11, 11.2.12

.11.7.9

.11.7.13

.11.7.19

.11.7.21

.11.7.24

.11.7.30

.1.2.8

.11.5.7

.11.5.11

.11.5.4

.11.5.15

.11.5.4

.9.1.1, 13.1.4

.5.3.29, 5.3.38, 7.5.1, 13.2.5, 13.3.7

.11.12, 11.13.2

. .11.13.1

.11.5.8

.13.2.5

.11.7.9

.5.2.3, 11.7.21

.2.4.5

.6.4.23

.8.2.4, 8.2.17

.13.3.4

.1.2.7

. .1.1, 1.2.4, 1.4.6, 2.1, 2.2.2, 2.2.3, 2.2.5, 2.3.1, 2.3.3, 2.4.2, 2.4.3, 2.4.5, 2.4.7–2.4.11, 2.4.13, 2.4.16, 2.4.20, 2.5, 3.2.1, 3.5.5, 3.5.9, 3.5.12–3.5.14, 3.5.16, 3.5.22, 3.5.23, 3.6.2, 3.6.3, 3.6.8, 3.7.10, 3.7.11, 3.7.13, 3.7.19, 3.7.20, 3.7.22–3.7.25,

3.7.28, 3.8.2, 3.9, 3.10, 4.1.1, 4.1.2, 4.2.1, 4.2.3, 4.2.10, 4.2.11, 4.2.14–4.2.16, 4.3.1, 4.3.3, 4.3.8, 4.3.14, 4.3.16–4.3.18, 4.4.1, 4.4.2, 4.5.1, 4.5.4, 5.1.2, 5.1.3, 5.2.5, 5.3.1, 5.3.3, 5.3.4, 5.3.6, 5.3.7, 5.3.14, 5.3.19, 5.3.20, 5.3.24, 5.3.34–5.3.37, 5.3.39–5.3.42, 5.4.3, 5.4.8, 6.1.3, 6.1.6, 6.1.14, 6.2.4, 6.2.5, 6.3.1–6.3.3, 6.4, 6.4.2, 6.4.19, 6.4.22, 6.4.23, 6.8.2, 6.10.2, 6.11.4, 6.12.2, 6.12.3, 6.12.11, 6.12.12, 6.14.2, 7.1, 7.2.1, 7.2.4, 7.4.3, 7.4.5, 7.4.9, 7.5.1, 8.1.2, 8.2.4, 8.2.11, 8.2.17, 9.1.1, 9.1.3, 9.2.1, 9.3.2, 9.6.4, 10.5, 10.5.7, 10.5.15, 10.5.16, 10.5.20, 10.5.21, 10.11.4, 10.12, 11.1.1, 11.2.13, 11.2.19, 11.4.1, 11.5.8, 11.7.1, 11.7.4, 11.7.9, 11.7.36, 11.9.1, 11.10.1, 11.11.1, 11.11.3, 11.12, 11.13.2, 11.14.8, 11.15.3, 12.2.2–12.2.4, 12.3.2, 12.9.1, 12.10.1, 12.10.5, 13.1.2–13.1.5, 13.2.3, 13.2.5, 13.3.1, 13.4.1, 13.6, 13.7.3, 13.9.3, 13.10.1, 13.13, 13.15.1, 13.20

Pt 1 . . . . . . . . . . . . . . . .

Pt 2 . . . . . .

. .8.2.2, 13.19

. . . .13.19

Pt 3 . . . . . . . . . . . . .8.11.4, 11.14.21, 11.15.1, 12.8.3, 13.2.3, 13.8, 13.19

Pt 4 . . . . . . . . . . . . . .5.2.6, 5.4.6, 8.1.2, 8.2.4, 11.15.1, 13.12

Pt 5 . . . . . . . . . . . . . . . . .9.1.1, 10.5.3, 11.5.7, 11.7.3, 11.7.34

Pt 6 . . . . . . . . . .10.1, 10.5.5, 10.5.15, 13.15.1

Pt 7 . . . . . . . . . . . . . . . . .11.1.1, 11.1.2, 11.5.1

Pt 8 . . . . . . . . . . . . . . . . .11.1.1, 11.1.3, 11.12

Pt 9 . . . . . . . . . . . . . . . . .11.1.1, 11.1.2, 11.1.4

s 1 . . . . . . .

. . . . . . . . . . . . . . . . . . .5.1.2

s 1(1) . . . . . . . . . . . . . .2.3.3, 3.6.3, 5.1.2, 5.2, 5.2.6, 13.7.3

s 1(2) . . .

s 1(2)(a)

s 1(2)(b)

s 1(3)

s 1(4)

s 1(6)

s 1(7)

s 2(1)

s 2(2)

s 2(3)

s 2(4)

s 3(1)

s 3(1)(a)–(e)

s 3(1)(f)–(h)

s 3(1)(f), (g)

s 3(2)

s 4

s 4(1) .

.2.3.4, 3.6.3, 5.1.3, 8.1.2, 8.2.2, 11.13.5, 13.9.3

.8.4.2, 13.9.3

.13.9.3

.5.2.5

.5.3.1

.5.1.2

.3.2.1

.2.3.1

.2.1, 4.1.1, 4.5.4

.2.2.5, 3.7.11, 3.7.19, 3.7.22, 4.1.1, 4.2.16, 4.5.1, 4.5.3, 6.4.19, 6.10.2, 10.5.20

Licensing Act 2003 (contd)—

s 4(2) . . .

s 4(2)(a) .

s 4(2)(d) .

s 4(3) . . . .

. . .1.1, 2.2.5, 2.4.13, 3.6.8, 3.7.19, 3.7.24, 4.1.1, 8.10.6, 8.10.8

. .4.1.1, 6.10.2, 10.5.20

. .3.7.11

. . . . . . . .3.7.19, 4.5.4, 12.2.4

s 4(3)(a) . . . . . . . . . . . . . . . .2.2.6, 4.5.3, 4.5.4

s 4(3)(b)

ss 5–8 .

.2.2.6, 2.4.12, 4.2.10, 4.4.1, 4.5.4, 7.3.4, 11.2.13

.2.4.9

s 5 . . . . . . . . . . . . . .2.2.6, 2.4.9, 3.2.1, 3.7.19, 4.1.1, 4.3.3

s 5(1), (2)

s 5(3) .

s 5(4)–(7) .

.4.3.3

. .4.3.3–4.3.5, 4.3.8

.4.3.5

s 6 . . . . . . . . . . . . . . . . . . . .2.4.5, 2.4.7, 2.4.9, 3.5.5, 11.9.1

s 6(1) . .

s 6(2) . . . .

. .2.4.7, 2.4.8, 3.5.5, 3.5.6, 3.5.15

. . .2.4.7, 11.9.1

s 7 . . . . . . . . . . . . . . .2.4.5, 2.4.7, 2.4.13, 6.3.3

s 7(1) .

s 7(2)

s 7(2)(a), (b)

s 7(3)–(8) . .

s 7(3)–(4) . . .

s 7(5)–(8) .

s 7(5)

s 7(5)(a)

s 7(9) . .

s 7(10) . .

.2.4.9, 2.4.10, 3.5.15

. .2.4.9

.2.4.9

.2.4.10

. .2.4.13

.2.4.13

.2.4.7

.2.4.9

.2.4.8, 2.4.9

.2.4.7

s 8 . . . . . . . . . . . .2.4.5, 2.4.15–2.4.18, 2.4.22, 6.7.4, 8.6.2, 8.8.3, 9.7.1, 11.9.1

s 8(1) .

s 8(1)(a)

s 8(1)(b)

s 8(1)(d) .

s 8(2) . . .

s 8(3)–(5) .

.2.4.15

.2.4.18

.9.7.1

.2.4.16

.2.4.15

s 12(1)

12(2)

s 12(3)

s 12(3)(b)

s 12(4)

s 13

s 13(2)

s 13(3) .

s 13(3)(b) .

s 13(3)(c)

s 13(4) .

s 13(4)(d) .

s 13(4)(f) .

s 14

s 15(1)

s 15(2)

.6.3.1, 9.1.1

6.14.2

.6.14.2, 8.11.4

.6.3.1, 6.4.13, 6.8.13, 8.4.7, 11.13.2, 11.14.21

.6.4.17

.6.4.16

.6.3.1, 6.4.18, 8.4.7, 11.14.21

. .4.2.11

. .4.3.12

.6.3.3

.6.4.2

.6.4.2 s 15(2)

s 16(1)

s 16(1)(a)

s 16(1)(b), (c)

s 16(1)(d), (g)

s 16(1)(h), (i)

s 16(2) .

s 16(3) .

s 17

s 17(1), (2)

s 17(3)

s 17(3)(a)–(c)

s 17(4) .

s 17(4)(a), (b)

s 17(4)(d)

s 17(4)(f)

.6.2.1, 6.8.2

.6.2.1, 6.10.2, 6.11.12, 13.2.3

.6.2.7

.6.2.9

.6.2.1, 10.5.3

.6.2.7, 6.2.8, 6.3.1

.2.2.3, 2.4.2, 2.4.16,

.6.3.1

.6.3.3, 6.4.2

.2.4.2

.6.3.3

.2.4.2

.6.7.1

.6.4.2

.2.4.17 s 8(6) .

s 8(7) .

s 9 . . . . .

s 9(1) .

s 9(2) .

s 9(2)(a) .

s 9(3) .

s 10 . . . . .

s 10(1)–(3)

s 10(1) . .

s 10(4) . .

s 10(4)(a) . .

s 10(5) .

s 11

s 17(4)(g)

.2.4.17, 9.7.1

.2.4.17

.2.4.5, 2.4.7, 2.4.11

. .2.4.11, 3.5.15

.2.4.11, 2.4.13

.2.4.11

.2.4.5, 2.4.12, 13.9.7

.2.4.12

.3.5.15

.2.4.12, 6.4.21

.6.3.4, 6.4.7

s 17(5) . . . . . . . . . . .6.3.1, 6.4.1, 6.8.5, 13.3.7

s 17(5)(c) . .

s 17(6)

6.4.15, 6.4.19, 6.8.7

.6.8.5

s 18 . . . . . . . . . . . . .2.4.16, 6.4.1, 6.5.1, 6.5.2, 6.6.1, 6.7.2, 6.9.4, 6.12.4, 12.4.1, 12.4.4, 13.7.1

s 18(1) .

s 18(1)(c) .

.6.4.1, 12.10.5

. .12.10.5

s 18(2) . . . . . . . . . . .2.2.3, 6.4.1, 6.4.7, 6.4.19

s 18(2)(a) . . . . . . . .

s 18(2)(b)

s 18(3)

. . . .2.2.5, 6.4.6, 6.4.7, 6.5.1, 6.5.2, 6.7.2, 7.1, 7.5.2, 12.4.4

.6.4.1

.2.4.12, 6.4.1, 6.5.1

Licensing Act 2003 (contd)—

s 18(3)(a) . . . . . . . .6.4.9, 6.4.15, 6.4.19, 6.5.1

s 18(3)(b) . . . . . . . . .2.2.5, 6.4.6, 6.4.7, 6.4.19, 6.5.1, 6.6.1, 6.8.8, 7.5.2, 12.4.4, 13.7.1

s 18(4) . . . . . . . . . . . . . . . . .6.5.1, 6.5.4, 6.8.8

s 18(4)(a) . . . . . . . . . . . . . . . . . . . . . . . . .6.5.2

s 18(4)(a)(i) . . . . . . . . . . . . . . . . . . .6.5.2, 7.1

s 18(4)(b) . . . . . . . . . . . . .6.5.2, 12.4.4, 12.4.5

s 18(4)(c) . .

s 18(4)(d) .

s 18(5) . .

. . . . .6.4.2, 6.5.2, 12.4.4, 12.4.5

.2.2.5

.6.5.2

s 18(6) . . . . . . . . . . .6.4.9, 6.6.1, 6.8.7, 12.4.5

s 18(6)(a)

s 18(6)(b) .

s 18(6)(c) .

s 18(6)(d) .

.6.4.10, 6.9.4, 6.12.7

. . .6.4.12, 6.4.19, 6.4.20, 6.9.4

.6.4.23

. . .6.4.24, 6.8.12

s 18(7) . . . . . . . . . . . . . . . . .6.4.9, 6.8.7, 6.9.4

s 18(7)(a) .

s 18(7)(b), (c)

. .6.4.12, 6.4.19

. .6.4.20, 6.4.21

s 18(8) . . . . . . . . . .3.5.9, 6.4.21, 6.4.22, 6.8.7

s 18(9) . .

s 18(9)(b)

s 18(10) . . .

s 19 . . . . . . .

s 19(1), (2)

s 19(2)(a)

. .6.4.2, 6.4.9, 6.4.23

.6.4.23

.6.4.7, 6.5.2

.2.2.3, 3.6.3, 6.4.1, 6.4.6, 6.5.1, 6.5.2, 6.9.5, 6.12.8, 7.1, 7.2.4, 11.14.22, 13.3.1, 13.3.3

.6.4.2

.6.9.10, 6.9.14

s 19(2)(b) . . . . . . . . . . . . . . . . . . . . . . .10.10.2

s 19(3) .

.6.4.2, 6.4.3, 10.1

s 20 . . . . . . . . . . . . .2.2.3, 4.2.14, 6.4.4, 6.4.6, 6.5.1, 6.5.2, 6.9.5, 6.12.8, 7.1, 7.2.4, 7.4.2, 7.4.10, 11.14.22, 13.3.1

s 20(4) . .

s 21 . . . . . . . .

s 21(1), (2) .

s 21(3)(a), (b)

s 22 . . .

s 22(1), (2) .

s 23

s 23(1), (2) .

s 23(3)

s 23(4) . .

s 24

s 24(1), (2) . .

s 25

s 25(1)–(5)

s 26

.4.2.14

. . . .2.2.3, 6.4.1, 6.4.5, 6.4.6, 6.5.1, 6.5.2, 6.9.5, 6.12.8, 7.1, 7.2.4, 7.5.2, 11.14.22, 13.3.1

.6.4.5

.1.3.3, 3.7.10, 6.4.6, 7.1, 8.4.3

.6.4.6

.2.4.13, 6.6.1, 8.6.1

.6.6.1

.3.5.9, 6.6.1

.6.6.1

.6.6.3

.2.4.2, 6.6.3

.2.4.16, 6.6.3

s 26(1)

s 26(1)(b) .

s 26(2) .

s 27

s 27(1)

s 27(1)(a)

s 27(1)(b)

s 27(1)(c)

s 27(2)–(5)

.6.11.4

s 28 . . . . . . . . . . . . . . . . .2.4.16, 2.4.18, 6.7.1, 6.7.4, 6.11.12

s 28(1)–(4)

ss 29–32

ss 29–31

s 29

s 29(1) .

s 29(2)

s 29(2)(a) .

s 29(3)

s 29(4)

s 29(7)

ss 30–35

s 30

s 30(3)

s 31

s 31(1)

s 31(2)

s 31(3) .

s 31(3)(c)

s 31(4)

s 31(5) .

s 31(5)(a)

s 31(6)–(8)

s 32

s 32(1) .

s 32(2) . . .

s 32(3)

s 33

s 33(1) .

s 33(1)(a)

s 33(2)–(5)

s 33(6) .

s 33(7) .

s 34

s 34(1) .

s 34(2)

s 34(2)(a)

s 34(3)

.6.7.1, 8.7.3

s 34(4)

.6.7.4

.6.1.6

.2.4.2, 2.4.16, 3.6.4, 6.3.1, 6.8.3, 6.8.5, 6.8.7, 6.14.1

.6.8.2

.6.8.4

.6.8.4, 6.8.7, 6.8.8

.6.8.5

.6.8.7, 6.8.8, 6.8.11

.6.8.3, 6.8.7

.6.8.7

.6.8.4, 6.8.7

.2.4.12, 6.8.7, 6.8.8

.6.8.4, 6.8.8, 12.4.14

.2.4.13, 6.8.8

.6.8.7

.6.4.9, 6.4.24, 6.8.2, 6.8.5, 6.8.10, 6.8.12, 6.12.4

.6.8.10

.6.8.12

. .6.8.12, 6.8.13, 11.13.2

.2.4.16

.6.7.5, 8.8.2

. .6.8.12

.6.7.5

.6.7.5, 8.8.2

.6.7.5

.2.4.2, 2.4.16, 6.3.1, 6.9.2, 6.9.4, 6.9.5, 6.9.9, 6.14.1, 8.9.3, 13.1.3, 13.3.7, 13.5.2

.6.9.2, 6.9.5

.6.9.2

.13.1.3

.6.9.2

Licensing Act 2003 (contd)—

s 34(5) .

s 34(6) .

s 34(7) . .

s 34(8) .

s 43 . . . . . . . .

.6.9.2, 13.3.7

.6.3.1, 8.9.5

.6.3.1, 8.9.5, 13.3.7

.6.3.1

s 35 . . . . . . . .6.9.2, 6.9.5, 6.9.6, 8.9.3, 12.4.1, 12.4.7, 13.3.8, 13.5.2

s 35(1) .

s 35(2) .

s 35(3)

.6.9.4

.6.9.4, 6.9.5

. .2.4.12, 6.9.4, 6.9.5

s 35(3)(b) . . . . . . . . . .6.4.6, 6.9.4, 6.9.6, 7.5.2

s 35(4) . . . . . .

s 35(4)(a) .

. . .6.9.4

. .12.4.7

s 35(5) . . . . . . . . . .6.9.4, 6.9.6, 6.12.7, 12.4.7

s 35(6) . .

s 35(7) . . . . . .

.6.10.3, 6.10.5, 6.11.4, 6.11.8, 6.11.12

s 43(1) . . . . . . . . . . . . . . . . . . . .6.10.3–6.10.6

s 43(1)(a) .

s 43(1)(b) . . . . . . . . .

s 43(2) .

s 43(3)–(6)

s 44

s 44(1)–(4)

s 44(5) .

s 44(6) . .

s 44(7) . . . . . . .

.6.9.4

.6.9.5

s 36 . . . . . . . . . . . . . . .6.9.2, 6.9.5, 8.9.4, 8.9.5

s 36(1)–(4) . .

s 36(5) . . . . . . . . . . . . . . . . .

s 36(6) . . .

s 36(6)(a), (b)

s 36(7) . . . . . .

s 36(8) . . .

s 37 . . . . . .

s 37(1)

s 37(2) .

s 37(2)(b)

s 37(3) .

s 37(4) .

s 37(5)

s 37(6)

s 38

s 38(1) .

s 38(2), (3)

s 38(3)(b)(i)–(iii)

s 39 . . . .

s 39(1) .

s 39(2) .

s 39(3) .

s 39(4)–(6) .

s 40(1)–(3) .

s 41

s 41(1)–(3) .

s 41(4) .

s 41(5), (6)

s 41(7), (8) .

s 42 . . . .

s 42(1)–(5) .

. .6.10.4, 6.11.12

.6.9.6

.6.9.4

. .6.8.2, 6.9.2, 6.9.4, 6.9.5, 8.9.4

.6.9.5

. . . . . . . . .6.9.4, 6.9.5, 8.9.4

.6.9.6

. .2.4.2, 2.4.16, 6.4.2, 6.9.2, 6.9.9–6.9.13, 13.3.1, 13.3.7, 13.5.2

. .6.9.2, 6.9.9

.6.9.9

.2.4.2

.6.9.9, 6.9.11

.6.9.9

.6.9.9, 6.9.11, 6.9.12

.6.9.9

.6.9.10, 6.9.11

.6.9.11

.12.4.1, 13.3.8, 13.5.2

.6.9.12, 13.9.3

.6.9.12, 12.4.8

.2.4.12, 6.9.12

.6.9.13

.2.4.2, 2.4.16, 6.4.2, 6.9.10, 6.9.14

.6.9.14

.6.9.10, 6.9.14

.6.9.14

. .6.9.10, 6.9.14

. . . .2.4.16, 6.10.3, 6.10.5, 6.10.6, 6.11.8, 6.11.12, 13.3.1

.6.10.2

s 42(6) . . . . . . . . .6.10.2, 6.10.5, 6.10.6, 12.4.9

s 42(7) .

.6.10.5

.2.4.12, 6.10.5

.6.10.5

s 45(1)–(4), (6) . . . . . . . . . . . . . . . . . . .6.10.6

s 46(1)–(5) .

.6.10.3

s 47 . . . . . . . . . . . .2.4.16, 6.3.1, 6.7.3, 6.10.4, 6.11.1, 6.11.10, 6.11.11, 12.4.12, 12.4.13, 13.3.1

s 47(1), (2) . . . . . . . .

s 47(3) . .

s 47(4), (5)

.6.11.4, 6.11.5

.6.11.4

. .6.11.5

s 47(6) . . . . . . . . . . . . . . . . . . . . . . . . . .6.11.7

s 47(7) .

s 47(7)(a) .

s 47(7)(b) .

s 47(8), (9) .

s 47(10) .

s 48

s 48(1) .

s 48(2)

s 48(3) . . . . . . . .

s 48(3)(a)

s 48(4)

s 48(5) . . .

s 48(6), (7) .

.6.11.8

.6.11.5, 6.11.8

.6.11.8

.6.11.4, 6.11.5, 6.11.8, 12.4.13

.6.11.10

.6.11.10, 12.4.12

.2.4.12, 6.11.10

.2.4.13

.6.11.10, 6.11.11

.6.11.10

.6.11.11

s 49(1) . . . . . . . . . . . . . . . . . . .

s 49(2), (3)

s 49(4)–(6) . . . .

.6.11.5, 8.2.4

.6.11.5

.6.11.7

s 50 . . . . . . . . . . . .2.4.18, 6.7.3, 6.7.4, 6.11.1, 6.11.4, 6.11.12, 8.7.5, 13.3.1

s 50(1)–(3) .

s 50(3)(b)

. .6.11.12

. . .6.11.12

s 50(4)–(7) . . . . . . . . . . . . . . . . . . . . . .6.11.12

s 51 . . . . . . . . . . .2.4.16, 6.3.1, 6.12.3, 6.12.7, 6.14.1, 11.14.21

s 51(1), (2) .

s 51(3) .

s 51(3)(a), (b)

s 51(3)(c), (d) .

s 51(4) .

s 51(4)(b)

s 51(5)

s 51(6), (7)

s 52 . . . .

.6.10.2

. . . .6.12.3

.6.12.3, 11.14.21

.6.12.5, 6.12.7

. .6.12.7

.6.12.4, 6.12.5

.6.12.5

. .2.4.13, 6.7.1, 6.12.4, 6.12.5, 6.12.7, 11.14.22, 12.4.10

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CHAPTER XVII.

SHREE SHOOKDEO JEE said,—O great king! having thus preserved them all, Shree Krishnù Chund began to play at ball with the cowherds’ children; and where Kalee was, the water of the Jumna for the distance of four koss boiled in consequence of poison; no beast or bird could approach it: If any went by mistake, they were scorched by the heat, and fell into the whirlpool; and no tree was produced on its banks. There was a solitary, everlasting kudum tree on one shore. The Raja enquired,—“O great king! how did that kudum tree escape?” The sage said, On one occasion the bird of Vishnù having ambrosia in its beak, alighted on that tree; a drop fell from its bill, and for this reason, that tree escaped. Having proceeded thus far in the narration, Shree Shookdeo Jee said to the Raja,—O great king! Shree Krishnù Chund Jee having determined upon the destruction of Kalee, whilst engaged in playing at ball, climbed up the kudum tree; and as one of his companions threw the ball from below, it fell into the Jumna, and Shree Krishnù jumped in at the same time. Having heard the sound of his jumping in, Kalee began to vomit forth poison, and hissing flames to say, “Who is this that can live so long in the whirlpool? Perhaps the undecayable tree, not able to bear my heat, has fallen into the water, broken in pieces; or some great beast or bird has come, the noise of which is still heard.” Having thus said the serpent vomited forth poison from a hundred and ten hoods, while Shree Krishnù continued swimming. At this time, his companions, weeping and stretching out their hands, called out; the cows with their mouths open ran about on all sides, lowing and panting; the cowherds apart were saying, “Krishnù come out quickly; otherwise, what answer shall we give, if we go home without you?” They were grieved, and continued speaking thus, when one of them went to Brindabun, and mentioned, that Shree Krishnù had jumped into the whirlpool of Kalee. On hearing this, Rohnee, Jusodha and Nund, with the cowherdesses and

cowherds, came running out weeping, and tumbling over each other on the way, reached the whirlpool all together. Not seeing Shree Krishnù there, Nund’s wife being agitated, rushed straight forward to throw herself into the waters. The cowherdesses, interposing, laid hold of her; and the cowherds’ children having seized Nund Jee, thus addressed him—“Having left the great forest, we have come into this one; nevertheless devils have vexed us exceedingly. Great good fortune has befallen from evil spirits, (that is, Krishnù has obtained many successes over them) now how will Huri come forth from the whirlpool?” In the meantime, Buldeo Jee arrived there also after them, and explained to all the inhabitants of Bruj—“The immortal Krishnù will come forth immediately; why are you sad? I did not come with him to-day; Huri has gone into the whirlpool without me.” Having told so much of the story, Shree Shookdeo Jee said to the Raja Pureechit,—O great king! whilst Bulram Jee was thus instilling confidence into all the inhabitants of Bruj, Shree Krishnù went swimming close to Kalee, who came, and wound himself round his whole body. Upon this Shree Krishnù became so large, that having quitted him, Kalee came into the jungle. When hissing, he attacked Krishnù with his hoods, he guarded himself. Seeing that the inhabitants of Bruj were very much grieved, Shree Krishnù, having jumped up suddenly, sat all at once on Kalee’s head. Having the weight of three worlds, Krishnù was very heavy: he continued dancing on the different hoods, and beat time with his foot. Upon this, Kalee began to die from the weight, and having dashed his hoods against the ground, put out his tongues, from which streams of blood flowed. When all pride of his poison and strength had departed, he thought “That the first man had descended upon the earth; otherwise, who has such power that he could escape from my poison?” Thinking thus, and having abandoned all hope of life, he remained stupified with fear. The serpent’s wife then came and joining her hands, and bowing her head, said to Shree Krishnù Chund in a supplicating tone, “O great king! you have done well in having destroyed the pride of this tyrannous and presumptuous creature; he has been fortunate in having now seen you—the feet, which Bruhmù and all the other gods contemplate, offering up

prayers with devout austerity, shine conspicuously on the head of Kalee.” Having spoken thus, she said again, “O great king! have compassion on me, and release Kalee; if not, destroy me also with him; because it is proper for a wife without her husband, (that is, deprived of her husband,) to die: and if you consider, he is not all in fault, this is the custom of our kind, that by having milk given us to drink, our poison increases.” Having heard this speech of the serpent’s wife, Shree Krishnù Chund jumped down from Kalee’s head. Then Kalee, making an obeisance and joining his hands, said, “Lord! be pleased to forgive my offence: I, through ignorance, attacked you with my hoods; I am a serpent of an inferior caste, whence could I have the intelligence to recognize you?” Shree Krishnù said, “What has happened, has happened; but do not live here any longer, go and dwell with your family in the island of Kounuck.” On hearing this, Kalee said with fear and trembling, “O lord of liberality! if I go there, the bird, upon which Vishnù rides, will eat me up; from dread of which I ran off, and have come here.”

Shree Krishnù said, “Go there now without fear; no one will say any thing to you, after having seen the marks of my feet on your head.” Having thus spoken, and sent for the bird of Vishnù, Shree Krishnù Chund dissipated the fears of Kalee’s mind. Then Kalee having offered up devotion in the manner prescribed, with perfumes, lamps and consecrated food, and having placed many gifts before Krishnù, joining his hands, said in a supplicatory tone, after he had obtained permission to depart—“You have danced for four ghurees on my forehead: Lord! remember this act of friendship.” Thus having spoken, and made an obeisance, Kalee went with his family to the island of Kounuck, and Shree Krishnù Chund came out of the water.

CHAPTER XVIII.

HAVING heard thus much of the story, Raja Pureechit enquired from Shree Shookdeo Jee,—“O great king! the island of Kounuck was a fine place; why did Kalee come away from it, and why did he remain in the Jumna? Explain this to me, that the doubts of my mind may depart.” Shree Shookdeo said,—Raja! the bird, upon which Huri rides, dwells in the island of Kounuck, it is very powerful; for this reason the great serpents in that quarter acknowledging his superiority, constantly gave him a snake. They brought it, and placed it upon a tree: he came and devoured it. One day Kalee, the son of the serpent Kudroo, presuming on his poison, went and ate up the food of Vishnù’s bird. In the meantime, the bird came there, and there was a great deal of fighting between the two. Of a sudden Kalee having given up all for lost, began to say to himself, “How shall I escape from him, and where shall I go?” Having thus said, he thought that if he were to go and dwell at Brindabun on the banks of the Jumna, he would escape, because the bird could not go there; thinking thus, Kalee proceeded there. Again the Raja Pureechit enquired from Shookdeo, “O great king! explain to me, why he could not go there.” Shookdeo Jee said,—Raja! once on a time Suobhis, the sage, seated on the bank of the Jumna, was engaged in devotion: the bird of Vishnù, having gone there, killed and ate a fish. Then the sage, being angry, pronounced this curse upon him, “If you ever come here again, you shall not escape with life.” For this reason, the bird could not go there; and from the time Kalee went to that place, it was called the whirlpool of Kalee. Having recited thus much, Shree Shookdeo Jee said, when Shree Krishnù Chund came out of the water Nund and Jusodha being rejoiced, gave many gifts, and performed many acts of charity. Their eyes were delighted at beholding the countenance of their son, and (by beholding) life was restored to all the inhabitants of Bruj. In the evening they said to each other, “How shall we go home now, having suffered fatigue,

hunger and thirst all day long? Let us pass the night here, and go to Brindabun in the morning.” Having thus said, they all fell asleep.

At midnight there was a heavy storm, and a conflagration on all sides. Trees, forests and cattle were all destroyed by the fire.

When the fire occurred, they all started from sleep, and being frightened, and looking round on all sides, they began to stretch out their hands, and call out—“Krishnù! Krishnù! save us quickly from this fire; or it will reduce us all to ashes in an instant.” When the inhabitants of Bruj, together with Nund and Jusodha, had called out thus, Shree Krishnù Chund Jee rising, drank up the fire in a moment, and put an end to all their anxiety. They returned to Brindabun early in the morning, and there were rejoicings and songs of congratulation in every house.

CHAPTER XIX.

HAVING proceeded thus far in the narrative, Shree Shookdeo said,— O great king! listen attentively, and I will explain the seasons and the different sports Krishnù engaged in, in the course of them. The hot season came first, and by its arrival, took away all the pleasure of the world; and having heated the earth and atmosphere, made them like fire; but owing to the glory of Krishnù, there was constant spring in Brindabun. There creepers bloomed on numerous arbours of trees; flowers of different kinds blossomed, upon which there was the buzzing of swarms of bees. Kokilas poured forth their notes on the mango branches, and peacocks strutted about in cool, shady places. A sweetly scented breeze was blowing, and on one side of the jungle, the retired Jumna exhibited its beauty. Krishnù and Bulram left the cows, and were engaged in all sorts of rare sports with their companions, when a demon, named Purlunt, who had been sent by Kuns, came in the form of a cowherd. On seeing him, Shree Krishnù said to Buldeo with a wink—“This is no friend of ours, Bulbeer, this is an evil spirit, who has come in a disguised form. Let us take measures for his destruction, we cannot kill him while he is in the form of a cowherd; when he assumes his own form, do you kill him immediately.”

Having thus instructed Buldeo, Shree Krishnù Jee laughing and calling Purlunt to him, took hold of his hand and said, “Your appearance is most beautiful; you are certainly our friend, without any deceit.”

Having thus spoken, and taking Purlunt with him, he divided the cowherds’ children into two equal portions, taking half himself and giving half to Bulram Jee, and having made two of their young companions sit down, he and Bulram began to ask, and explain the names of fruits and flowers.

In this sport of explanation Shree Krishnù lost, Buldeo won. Then those who were on Shree Krishnù’s side ran off with the companions

of Buldeo on their shoulders. Purlunt outstripped them all, taking Bulram with him, and having reached the jungle, he began to increase in size.

Buldeo on this black hill-like (monster,) appeared as beautiful as the moon in a dark-coloured cloud, and the splendour of his earrings was as dazzling as lightning, the perspiration fell from him like rain. Having narrated thus much, Shree Shookdeo Jee said to the Raja Pureechit,—O great king! when having got him alone, the demon was on the point of destroying Buldeo, he killed Purlunt with blows.

CHAPTER XX.

SHREE SHOOKDEO JEE said,—Raja! when Bulram returned, after having killed Purlunt, he met Krishnù with his companions. And the cowherds’ children, who were in the jungle pasturing the cows, having heard that a demon had been killed, left their cows and came to look at him. The cows in the mean while went from one grass jungle to another. When the two brothers arrived, they could not see any cows.

The cows and cowherds were dispersed: they lost their road, and wandered about the grass and palm jungles. Climbing up trees, they (the cowherds’ children) called out to each other, and repeating names, they waived cloths in the air.

In the meantime, one of his companions came, and said to Krishnù, joining his hands, “O great king! the cowherds’ children and the cows having broken through (or destroyed,) the Mouj jungle have been mixed up together, just in the same way as in the months of Sawun and Bhadon, rivers rushing along with high waves, mix in the sea.” At this time they perceived that there was a fire blazing furiously. On seeing it, the cowherds and their companions, being greatly alarmed and frightened, called out, “Krishnù! Krishnù! save us quickly from this fire or we shall all be instantly burnt to death.” Krishnu said, “All of you shut your eyes.” When they had shut their eyes, Krishnù, having put out the fire in a second, caused another delusion, and having taken off the cowherds’ children with the cows into a fig tree forest, told them to open their eyes.

The cowherds having opened their eyes, said, gazing round, “Where has that fire gone, Krishnù? When did we come into the fig tree forest: this is indeed strange, Bulbeer?”

Having thus said, they accompanied Krishnù and Bulram with the cows to Brindabun, and each went home and mentioned, that Bulram had that day killed a demon, named Purlunt; and that there had been a fire in the Mouj forest, which, through the power of

Krishnù, had been extinguished. Having narrated thus much, Shree Shookdeo Jee said,—Raja! hearing these words from the mouths of the cowherds’ children, all the inhabitants of Bruj went out to see: but they obtained no clue to the actions of Krishnù.

CHAPTER XXI.

SHREE SHOOKDEO, the sage, said,—O great king! having seen the excessive violence of the hot season, the mighty king of the rains, taking compassion on the four-footed beasts, and birds and animals of the earth, and having collected clouds from all quarters, came forth to fight. At this time the thunder of the clouds was like the sounds of drums; and the clouds, of different colours, which were collected together, were brave and resolute heroes. In the midst of these the flashing of the lightning was as the glittering of arms. Here and there rows of cranes in their flight looked like white flags: frogs and peacocks sung praises, like bards, who accompany armies, and the continued rain fell in large drops like arrows.

Beholding the rainy season approach in this splendid style, the hot season abandoned the plains, and ran off with its life. Then the lord of the clouds, having rained upon the earth, conferred gladness upon it. She (the earth) having performed penance during eight months’ separation from her lord, now compensated herself by enjoyment.

Her breasts came down and became cold. She was pregnant, and had eighteen sons; who, taking presents of fruits and flowers, went to pay respects to their father. The land of Brindabun appeared as beautiful at that time as a loving woman, adorned with ornaments. And on all sides the rivers, nullahs and tanks were full; on which were waterfowl of different kinds, adding beauty to the scene. The branches of lofty trees were waiving to and fro; and on them cuckoos, pigeons, parrots and other birds were pouring forth their mingled notes. And here and there the cowherdesses and cowherds, dressed in red and yellow dresses, and swinging, were singing melodies in high notes. Approaching them, Shree Krishnù and Bulram afforded them great pleasure by engaging in, and exhibiting, their youthful sports. In this delightful manner the rainy season passed away; then Shree Krishnù began to say to the cowherds’