Licences And Licensing, England Citation, commencement and interpretation 1 1 This Order may be cited as the Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010. 2 This Order comes into force on 6th April 2010. 3 In this Order— “the 2009 Act ” means the Policing and Crime Act 2009, “the 2007 Act ” means the London Local Authorities Act 2007 , “the 1986 Act ” means the Greater London Council (General Powers) Act 1986 , “the 1982 Act ” means the Local Government (Miscellaneous Provisions) Act 1982 , “local authority” has the meaning given by section 2(5) of the 1982 Act. Repeal and saving of section 12 of the 1986 Act and provisions of Schedule 3 to the 1982 Act 2 1 Subject as follows, the following provisions are repealed— a section 12 of the 1986 Act (amendment of law relating to sex establishments), and b any provisions of Schedule 3 to the 1982 Act (control of sex establishments) so far as they have effect by virtue of section 12 of the 1986 Act. 2 Section 12 of the 1986 Act and any such provisions of Schedule 3 to the 1982 Act continue to apply on and after the commencement date in a relevant area until the amendments to Schedule 3 to the 1982 Act made by section 27 of the 2009 Act come into force in that area. 3 Anything done or omitted to be done in relation to any sex encounter establishment under or in connection with any provision of Schedule 3 to the 1982 Act so far as it has effect in a relevant area by virtue of section 12 of the 1986 Act is, if in force or effective immediately before the operative date, to be treated as if done or omitted to be done in relation to the premises as a sexual entertainment venue under or in connection with the corresponding provision of Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act so far as that is required for continuing its effect on or after the operative date and so far as the use of the premises is of a kind for which a licence for a sexual entertainment venue is required. 4 In particular and to this extent, a licence for a sex encounter establishment which is in force immediately before the operative date under Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act is to be treated, on and after the operative date, as a licence for a sexual entertainment venue under Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act (and the licence is to be read as modified accordingly). 5 Paragraphs (3) and (4) are without prejudice to section 16 of the Interpretation Act 1978 (general provisions) (and, in particular, the continued operation in relation to any offence committed before the operative date of Schedule 3 to the 1982 Act so far as it has effect in a relevant area by virtue of section 12 of the 1986 Act). 6 In this article— “the commencement date” means 6th April 2010, “the operative date”, in relation to a relevant area, means the day on which the amendments to Schedule 3 to the 1982 Act made by section 27 of the 2009 Act come into force in that area, “relevant area” means an area in relation to which the local authority have, before the commencement date, resolved that the amendments to Schedule 3 to the 1982 Act as set out in section 12(4) of the 1986 Act shall apply, “premises” has the meaning given by paragraph 2A(14) of Schedule 3 to the 1982 Act, “sex encounter establishment” has the meaning given by paragraph 3A of Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act, “sexual entertainment venue” has the meaning given by paragraph 2A of Schedule 3 to the 1982 Act. Amendment of section 22 of the London Local Authorities Act 2004 3 After section 22(2A) of the London Local Authorities Act 2004 (soliciting for custom) insert— 2B It shall be a defence in any proceedings for an offence under subsection (1)(b) if, at the time of the alleged offence— a the premises concerned were subject to a licence for a sexual entertainment venue under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, b a waiver under paragraph 7 of that Schedule from the requirement for such a licence was in force, or c article 6(1) of the Policing and Crime Act 2009 (Commencement No. 1 and Transitional and Saving Provisions) (England) Order 2010 applied to the premises. Amendment of section 33 of the 2007 Act 4 1 Subject to paragraphs (7) to (9), section 33 of the 2007 Act (hostess bars) is amended as follows. 2 For subsection (1)(b) there is substituted— b as from the appointed day as regards any other borough, where the borough council have resolved under section 2 of the Local Government (Miscellaneous Provisions) Act 1982 or paragraph 2(2) of Schedule 3 to the Policing and Crime Act 2009 that Schedule 3 to the Act of 1982 as amended by section 27 of the Act of 2009 is to apply to their area. 3 In subsection (3) for “sex encounter establishment” substitute “sex cinema”. 4 Subsections (4) and (7), and any provisions of Schedule 3 to the 1982 Act so far as they have effect by virtue of those subsections, are repealed. 5 In subsection (5) for “paragraph 3A” substitute “paragraph 3”. 6 In subsection (6) for “sex establishments” substitute “sex cinemas”. 7 The amendments made by this article do not apply to section 33 of the 2007 Act so far as it applies to the area of a local authority in relation to which section 12 of the 1986 Act continues to apply by virtue of article 2(2). 8 Paragraph (9) applies where section 33 of the 2007 Act is in operation in relation to a local authority immediately before section 12 of the 1986 Act ceases to apply in the area of the authority as mentioned in article 2(2). 9 Section 33 of the 2007 Act applies Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act in the area of the authority after that time subject to the modifications made by section 33 as amended by paragraphs (3) to (6) above. Alan Campbell Parliamentary Under–Secretary of State Home Office 9th March 2010