Lotteries and Amusements Act 1976 (repealed)

Interpretation E+W+S

1 (1) In this Schedule “the appropriate authority” means— E+W+S

[F1 (a) in relation to any premises in England and Wales in respect of which there is in force a premises licence authorising the supply of alcohol for consumption on the premises, the relevant licensing authority in relation to those premises;]

(b) in relation to any other premises in England or Wales, the local authority within whose area the premises are situated;

[F2 (c) in relation to any premises in Scotland in respect of which a hotel licence or a public house licence is for the time being in force, the licensing board for the licensing area in which the premises are situated;]

(d) in relation to any other premises in Scotland, the local authority within whose area the premises are situated.

(2) In this Schedule—

• [F3 “alcohol”, “licensing authority” and “premises licence” have the same meaning as in the Licensing Act 2003,]

• [F4 “hotel certificate”, “licensing area” and “public house licence” have the same meanings as in the M1 Licensing (Scotland) Act 1959;]

• [F4 “hotel licence”, “licensing area”, “licensing board” and “public house licence” have the same meanings as in the Licensing (Scotland) Act 1976;]

• “local authority” means—

  (a)

  in England, a district council, a London borough council and the Common Council of the City of London;

  (b)

  in Wales, a [F5 county council or county borough]council; and

  (c)

  in Scotland, [F6 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; and

• “permit” means a permit under section 16 above [F7 and

• [F8 “the proper officer of the appropriate authority” means—

  (a)

  where the appropriate authority is the licensing justices for a licensing district in England and Wales, the [F9 designated officer for] the justices; and

  (b)

  in any other case, the clerk to the authority.]]

• [F10 “relevant licensing authority”, in relation to premises in respect of which a premises licence is in force, means the licensing authority in relation to those premises determined in accordance with section 12 of the Licensing Act 2003;]

• [F10 “supply of alcohol” has the same meaning as in section 14 of the Licensing Act 2003;]

[F11 (3) A function conferred by this Schedule on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.]

Textual Amendments

F1 Sch. 3 para. 1(1)(a) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 63(2) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F2 Sch. 3 para. 1(1)(c) substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 72:2), s. 28(1), Sch. 2 para. 8(a)

F3 Words in Sch. 3 para. 1(2) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 63(3)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F4 Words commencing “hotel licence” substituted (S.) for words from “hotel” to “1959” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 72:2), s. 28(1), Sch. 2 para. 8(b)

F5 Words in the definition of "local authority" in Sch. 3 para. 1(2) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 50(3) (with Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4

F6 Words in the definition of "local authority" in Sch. 3 para. 1(2) substituted (1.4.1996) (S.) by 1994 c. 39, s. 180(1), Sch. 13 para. 104(4); S.I. 1996/323, art. 4

F7 Definition and word “and” preceding it inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 87(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii).

F8 Sch. 3 para. 1(2): definition of “the proper officer of the authority” repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 63(3)(b), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with arts. 3, 4, Sch.)

F9 Words in Sch. 3 para. 1(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 39

F10 Words in Sch. 3 para. 1(2) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 63(3)(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

F11 Sch. 3 para. 1(3) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 63(4) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)

Marginal Citations

M1 1959 c. 51.