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Police Reform and Social Responsibility Act 2011

Section 119: Early morning alcohol restriction orders

348.Section 172A of the Licensing Act 2003 enables a licensing authority to make an early morning restriction order to prohibit the supply of alcohol from premises (including supplies authorised by a temporary event notice) between 3am and 6am in the whole or part of its area. The order can apply every day or on specified days, and for a limited or unlimited period. A decision to make an order must be made by the full council of a licensing authority. A licensing authority can only make an order if it considers that this will promote one or more of the licensing objectives, and the making of the order is subject to a licensing authority observing prescribed procedures. The procedures include a requirement that a licensing authority must advertise its decision to make an order, a right of affected persons to make representations and a requirement on a licensing authority to hold a hearing to consider such representations.

349.Subsection (2) excepts the decision of a licensing authority to make an early morning restriction order from those licensing functions which can be exercised by licensing committees. This has the consequence that a licensing authority’s decision to make such an order must be made by its full council. Subsections (3) and (4) repeal section 55 of the Crime and Security Act 2010 (which inserted sections 172A to 172E into the Licensing Act 2003) and introduce these provisions in an amended form. This has the effect of enabling a licensing authority to make an order of any duration beginning at or after 12 midnight and ending at or before 6am. An order can be made, amongst other things, at different times on different days. A licensing authority’s ability to exercise this power remains subject to the existing processes prescribed in sections 172A to 172E of the Licensing Act 2003.

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