Sections 167 to 171: Conditions
442.These sections provide the Secretary of State, Scottish Ministers and licensing authorities with powers to place conditions on premises licences.
443.The Secretary of State and the Scottish Ministers have power to issue mandatory conditions on premises licences, for England and Wales, and Scotland respectively. Such conditions will be specified in regulations, and must be included in all premises licences, or classes of premises licence, to which they apply. These powers can apply to all premises licences, or classes of licence or to licences in specified circumstances.
444.The Secretary of State and Scottish Ministers have further powers to impose default conditions by regulations, for England and Wales, and Scotland respectively. These conditions are ones which apply to a licence unless the licensing authority decides to exclude them (in which case the authority can impose alternative conditions relating to the same matter). These powers can apply to all premises licences, or classes of licence, or to licences in specified circumstances.
445.In addition, licensing authorities have power to set individual conditions for a premises licence when they grant it. In doing so, they may impose a condition on a licence, or exclude default conditions (in which case they may impose alternative conditions relating to the same matter). Their power to impose conditions is subject to the matters listed below.
446.A premises licence not may be subject to a condition imposed by a licensing authority:
that would prevent compliance with a condition on an operating licence which authorises the gambling activity (section 169(4));
that requires the premises, or any part of it, to operate as a club or another body requiring membership (section 170);
that imposes limits on stakes, fees, winnings or prizes (except in relation to fees for admission to a track) (section 171).
