The Licensing Act 2003 (Consequential Amendments) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes consequential amendments in connection with the commencement of provisions of the Licensing Act 2003 (“the 2003 Act”).

Article 2 amends the Table in section 1(1) of the Criminal Justice and Police Act 2001. The Table lists offences leading to penalties on the spot and includes offences created by provisions of the Licensing Act 1964 (“the 1964 Act”). The effect of the amendments is to replace the references to the sections of the Licensing Act 1964 which are repealed by the 2003 Act by references to the provisions of the 2003 Act which create equivalent offences.

Article 3 and Part l of the Schedule revoke certain regulations and orders. These include deregulation and regulatory reform orders and the Licensing Act 1964 (Amendment) Regulations 1979, made under the European Communities Act 1972, which have become redundant following the repeal of the 1964 Act.

Article 3 and Part 2 of the Schedule amend certain regulations and orders.

Schedule 6 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 modifies enactments to confer on visiting forces and headquarters and their members, employees and property the same exemptions, privileges and immunities as they would enjoy if the visiting force or headquarters formed a part of the home forces. The amendment made by this Order substitutes for the modification of the definition of “canteen” and “mess” in section 201(1) of the 1964 Act a modification of section 173(1)(f) of the 2003 Act to include a reference to members of a visiting force or military member of a headquarters. The effect is that an activity is not licensable under the 2003 Act if it is carried on a premises occupied for the purposes of such members.

Article 2 of the Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2001, which defines “licensed premises” as having the same meaning as in the 2003 Act is amended by the omission of that definition. Article 3(1) of the Regulations, which lists those whom a local authority must consult before making an order, is amended by substituting at (d) for the licensee of any licensed premises, the holder of the premises licence granted under the 2003 Act, a club with a club premises certificate under that Act or the premises user in relation to a permitted temporary activity.

The Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002, which sets out the offences in respect of which the Order specifies the amount of the penalty, is amended by substituting for offences under the 1964 Act the corresponding offences under the 2003 Act.