Draft Order laid before Parliament under section 197(4) of the Licensing Act 2003, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
Licences And Licensing
Made
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Coming into force in accordance with article 1
The Secretary of State, in exercise of the powers conferred by sections 172(1) and 197(2)(b) of the Licensing Act 2003(1), makes the following Order.
The Secretary of State considers that the celebration period in relation to which this Order is made marks an occasion of exceptional national significance.
The Secretary of State has consulted such persons as the Secretary of State considers appropriate in accordance with section 172(4) of the Licensing Act 2003.
In accordance with section 197(4) of the Licensing Act 2003, a draft of this instrument has been laid before Parliament, and approved by a resolution of each House of Parliament.
1.—(1) This Order may be cited as the Licensing Act 2003 (Royal Wedding Licensing Hours) Order 2018 and comes into force on the day after it is made.
(2) In this Order—
(a)“the celebration period” means the period beginning with 18th May 2018 and ending with 20th May 2018, and
(b)“specified times” means the periods of 2 hours beginning at 11pm on each of the 18th May and 19th May 2018.
2.—(1) Subject to paragraphs (3) and (4), premises licences and club premises certificates to which paragraph (2) applies have effect (to the extent that it is not already the case) during the celebration period as if the specified times were included in the opening hours(2).
(2) This paragraph applies to premises licences and club premises certificates by virtue of which the opening hours immediately precede or continue into the specified times.
(3) The opening hours are not by virtue of paragraph (1) to be treated as including the specified times insofar as they relate to the use of premises for—
(a)the sale by retail of alcohol for consumption off the premises, or
(b)the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises.
(4) In relation to the use of premises for the provision of late night refreshment(3), the opening hours are only to be treated by virtue of paragraph (1) as including the specified times if the premises may also be used at those times for—
(a)the sale by retail of alcohol for consumption on the premises, or
(b)the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption on the premises.
Name
Parliamentary Under Secretary of State
Home Office
Date
(This note is not part of the Order)
This Order is made under section 172 of the Licensing Act 2003 (c.17) and marks the occasion of the marriage of His Royal Highness Prince Henry of Wales and Miss Rachel Meghan Markle on 19th May 2018.
This Order provides for a period during which premises licences and club premises certificates have effect as if specified times were included in the opening hours under the licence or certificate.
Article 1 of this Order prescribes the specified times as the periods of 2 hours beginning at 11pm on each of 18th May and 19th May 2018.
Paragraph (2) of article 2 provides that this Order only applies to licences and certificates which authorise licensable activities to be carried on up to or after 11pm on each of those days.
Paragraph (3) of article 2 disapplies this Order to the sale by retail of alcohol for consumption off the premises, and the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises.
Paragraph (4) of article 2 permits premises to be used for the provision of late night refreshment at the specified times only if at those times the premises may also be used for the sale or supply of alcohol for consumption on the premises.
An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available alongside this instrument at www.legislation.gov.uk.
The definition of “opening hours” is contained in section 172(5) of the Licensing Act 2003.
The definition of “late night refreshment” is contained in paragraph 1(1) of Schedule 2 to the Licensing Act 2003.