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12.—(1) A licence holder to whom paragraph (2) applies is exempt from any charge to be paid to a local authority under this Part.
(2) This paragraph applies to any licence holder in an alcohol disorder zone where—
(a)the principal use to which the premises in respect of which the licence holder is licensed or authorised is put does not consist in or include the sale or supply of alcohol; and
(b)the availability of alcohol on those premises is not the main reason, or one of the main reasons, why individuals enter or remain on those premises (whether generally or at particular times of the day or on particular days of the week, or both).
(3) For the purposes of paragraph (2)(a), a local authority shall take into account any classification given to particular premises under the Town and Country Planning (Use Classes) Order 1987(1).
S.I. 1987/764; this instrument has been amended by S.I. 1991/1567; S.I.1992/610; S.I. 1992/657; S.I. 1994/724; S.I. 1995/297; S.I. 1999/293; S.I. 2002/1875; S.I. 2005/84; S.I. 2006/220; S.I. 2006/1282; and S.I. 2006/1386.
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