(This note is not part of the Order)
This Order amends the list of offences that are treated as relevant offences for the purposes of an application for a personal licence under Part 6 of the Licensing Act 2003 (“the 2003 Act”).
Following the repeal of section 161(2) and (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (“the 2000 Act”), this Order amends paragraph 18 of Schedule 4 to the 2003 Act which defines a sexual offence, by substituting for the reference to the definition of a “sexual offence” in section 161(2) of the 2000 Act, a reference to Part 2 of Schedule 15 to the Criminal Justice Act 2003, with the exception of paragraph 95 (an offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts)) and the addition of the offences under sections 8 and 18 of the Sexual Offences Act 1956 (intercourse with a defective and fraudulent abduction of an heiress). It also amends paragraph 19, which defines violent offence, by substituting for the reference to the definition of a “violent offence” in section 161(3) of that Act a definition of a violent offence which replicates the definition in that subsection (article 2).