Search Legislation

Licensing Act 1902

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Licensing Act 1902 is up to date with all changes known to be in force on or before 16 April 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

E+W

Licensing Act 1902

1902 CHAPTER 28 2 Edw 7

An Act to amend the Law relating to the Sale of Intoxicating Liquors and to Drunkenness . . .F1

[8th August 1902]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words omitted under authority of Statute Law Revision Act 1927 (c. 42)

Part IE+W Amendment of Law as to Drunkenness

1 Apprehension of person found drunk and incapable in public place.E+W

If a person is found drunk in any highway or other public place, whether a building or not, or on any licensed premises, and appears to be incapable of taking care of himself, he may be F2... dealt with according to law.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

2 Penalty for being drunk while in charge of child.E+W

(1)If any person is found drunk in any highway or other public place, whether a building or not, or on any licensed premises, while having the charge of a child apparently under the age of seven years, he F3... shall, if the child is under that age, be liable, on summary conviction, to a fine not exceeding [F4level 2 on the standard scale], or to imprisonment, . . . F5 for any period not exceeding one month.

(2)If the child appears to the court to be under the age of seven, the child shall, for the purposes of this section, be deemed to be under that age unless the contrary is proved.

(3)The offence under this section shall be included in the list of offences mentioned in the First Schedule to the M1Inebriates Act 1898, . . . F5

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Marginal Citations

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Ss. 4, 9—21, 23—32 repealed by Licensing (Consolidation) Act 1910 (c. 24), Sch. 7

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

6 Prohibition of sale of liquor to persons declared to be habitual drunkards. E+W

(1)[F9Where a person is convicted of an offence mentioned in the First Schedule to the M2Inebriates Act 1898 and such person has, during the period of twelve months immediately preceding the date of the offence, been convicted on three occasions of an offence mentioned in the said Schedule, the court may] order that notice of the conviction, with such particulars as may be prescribed by a Secretary of State, be sent to the [F10local policing body] F11. . . for the police area in which the court is situate.

[F12(2)Subsections (2A) to (2C) apply where a court, in pursuance of this Act, orders notice of a conviction to be sent to a [F10local policing body].

(2A)The court shall inform the convicted person that the notice is to be sent to a [F10local policing body].

(2B)The convicted person commits an offence if, within the three year period, he buys or obtains, or attempts to buy or obtain, alcohol on relevant premises.

(2C)A person to whom subsection (2D) applies commits an offence if, within the three year period, he knowingly—

(a)sells, supplies or distributes alcohol on relevant premises, or

(b)allows the sale, supply or distribution of alcohol on relevant premises,

to, or for consumption by, the convicted person.

(2D)This subsection applies—

(a)to any person who works at the premises in a capacity, whether paid or unpaid, which gives him authority to sell, supply or distribute the alcohol concerned,

(b)in the case of licensed premises, to—

(i)the holder of a premises licence which authorises the sale or supply of alcohol, and

(ii)the designated premises supervisor (if any) under such a licence,

(c)in the case of premises in respect of which a club premises certificate authorising the sale or supply of alcohol has effect, to any member or officer of the club which holds the certificate who at the time the sale, supply or distribution takes place is present on the premises in a capacity which enables him to prevent it, and

(d)in the case of premises which may be used for a permitted temporary activity by virtue of Part 5 of the Licensing Act 2003, the premises user in respect of a temporary event notice authorising the sale or supply of alcohol.

(2E)A person guilty of an offence under this section is liable on summary conviction—

(a)in the case of an offence under subsection (2B), to a fine not exceeding level 1 on the standard scale, and

(b)in the case of an offence under subsection (2C), to a fine not exceeding level 2 on the standard scale.]

(3)Regulations shall be made by the [F10local policing body] for the purpose of securing the giving of information to [F13persons to whom subsection (4) applies] of orders made under this section, and for assisting in the identification of the convicted persons.

[F14(4)This subsection applies to—

(a)the holder of a premises licence which authorises the sale or supply of alcohol,

(b)the designated premises supervisor (if any) under such a licence,

(c)the holder of a club premises certificate authorising the sale or supply of alcohol, and

(d)the premises user in relation to a temporary event notice authorising the sale or supply or alcohol.

(5)In this section—

“alcohol”, “club premises certificate”, “ designated premises supervisor ”, “ licensed premises ”, “ permitted temporary activity ”, “ premises licence ”, “ premises user ” and “ temporary event notice ” have the same meaning as in the Licensing Act 2003,

relevant premises ” means premises which are relevant premises within the meaning of section 159 of that Act and on which alcohol may be lawfully sold or supplied, and

the three year period ”, in relation to the convicted person, means the period of three years beginning with the day of the conviction. ]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11 Words in s. 6 repealed (1.10.1994) by 1994 c. 29 , s. 93 , Sch. 9 Pt.I ; S.I. 1994/2025 , art. 5(1)-(3)

F12 S. 6(2)-(2E) substituted for s. 6(2) (24.11.2005) by Licensing Act 2003 (c. 17) , s. 201(2) , Sch. 6 para. 8(2) (with ss. 2(3) , 15(2) , 195 ); S.I. 2005/3056 , art. 2(2)

F13 Words in s. 6(3) substituted (24.11.2005) by Licensing Act 2003 (c. 17) , s. 201(2) , Sch. 6 para. 8(3) (with ss. 2(3) , 15(2) , 195 ); S.I. 2005/3056 , art. 2(2)

F14 S. 6(4)(5) inserted (24.11.2005) by Licensing Act 2003 (c. 17) , s. 201(2) , Sch. 6 para. 8(4) (with ss. 2(3) , 15(2) , 195 ); S.I. 2005/3056 , art. 2(2)

Modifications etc. (not altering text)

C1 S. 6 amended by Licensing Act 1964 (c. 26) , s. 195

Marginal Citations

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

8 Interpretation of “public place.”E+W

For the purposes of section twelve of the M3Licensing Act 1872, and of sections one and two of this Act, the expression “public place” shall include any place to which the public have access, whether on payment or otherwise.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

[F16Interpretation of “licensed premises”E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

8AFor those purposes, “licensed premises” includes—E+W

(a)any licensed premises within the meaning of section 193 of the Licensing Act 2003, and

(b)any premises which may be used for a permitted temporary activity by virtue of Part 5 of that Act.]

Parts II, IIIE+W

9—21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17Ss. 4, 9—21, 23—32 repealed by Licensing (Consolidation) Act 1910 (c. 24), Sch. 7

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F18Ss. 22, 33, 34(3), Sch. repealed by Statute Law Revision Act 1927 (c. 42)

23—32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F19Ss. 4, 9—21, 23—32 repealed by Licensing (Consolidation) Act 1910 (c. 24), Sch. 7

Part IVE+W Supplemental

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F20Ss. 22, 33, 34(3), Sch. repealed by Statute Law Revision Act 1927 (c. 42)

34†Short title, construction, extent, and commencement.E+W

(1)This Act may be cited as the Licensing Act 1902, and may be cited, and shall be construed, as one with the Licensing Acts 1828 to 1886.

(2)This Act shall not extend to Scotland or Ireland.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F21Ss. 22, 33, 34(3), Sch. repealed by Statute Law Revision Act 1927 (c. 42)]

Modifications etc. (not altering text)

C2Unreliable marginal note

F22F22SCHEDULEE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources