2(1)Section 126 (“relevant late night authorisation” and related definitions) is amended as follows.E+W
(2)In subsection (2)—
(a)for “ “Relevant late night authorisation”” substitute “ “Relevant late night alcohol authorisation” ”;
(b)after “licensing authority” insert “ , a late night levy requirement ”;
(c)at the end of paragraph (b) insert “ (whether or not it also authorises the provision of late night refreshment at a time or times during such a period) ”.
(3)After subsection (2) insert—
“(2A)Relevant late night refreshment authorisation”, in relation to a licensing authority, a late night levy requirement and a levy year, means a premises licence which—
(a)is granted by the authority,
(b)authorises the provision of late night refreshment at a time or times during the late night supply period on one or more days in the related payment year, and
(c)does not also authorise the supply of alcohol at a time or times during any such period.”
(4)After subsection (3) insert—
“(3A)Where a licensing authority decides under section 125(2) to apply a late night levy requirement in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the licensing authority may determine under section 132(1)—
(a)a single late night levy period that is to apply in respect of both kinds of authorisations, or
(b)two late night levy periods, one of which is to apply in respect of relevant late night alcohol authorisations and the other of which is to apply in respect of relevant late night refreshment authorisations.”
(5)In subsection (5), for “The late night supply period” substitute “ A late night supply period ”.
(6)In subsection (8)—
(a)for “the late night levy requirement” substitute “ a late night levy requirement ”;
(b)omit “in its area”.
Commencement Information
I1Sch. 18 para. 2 in force for certain purposes at Royal Assent, see s. 183
I2Sch. 18 para. 2 in force at 13.7.2023 in so far as not already in force by S.I. 2023/789, reg. 2(b)