The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010

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(7), and any provisions of Schedule 3 to the 1982 Act so far as they have effect by virtue of those subsections, are repealed.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.