The Licensing Act 2003 (Diamond Jubilee Licensing Hours) Order 2012

Statutory Instruments

2012 No. 828

Licences And Licensing

The Licensing Act 2003 (Diamond Jubilee Licensing Hours) Order 2012

Made

9th March 2012

Coming into force

16th March 2012

The Secretary of State, in exercise of the powers conferred by sections 172(1) and (3) and 197(2) of the Licensing Act 2003(1), makes the following Order.

The Secretary of State considers that the celebration period in relation to which this Order is made marks an occasion of exceptional national significance.

The Secretary of State has consulted in accordance with section 172(4) of the Licensing Act 2003.

In accordance with section 197(4) of the Licensing Act 2003 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and interpretation

1.  This Order may be cited as the Licensing Act 2003 (Diamond Jubilee Licensing Hours) Order 2012 and will come into force at the end of one week beginning with the day on which it is made.

2.  In this Order—

(a) “the celebration period” means the period beginning on 1st June 2012 and ending on 3rd June 2012; and

(b) “specified times” means the periods of 2 hours beginning at 11pm on each of 1st June 2012 and 2nd June 2012.

Licensing hours

3.  Subject to articles 5 and 6, premises licences and club premises certificates to which article 4 applies have effect (to the extent that it is not already the case) during the celebration period as if the specified times were included in the opening hours(2).

4.  This article applies to premises licences and club premises certificates by virtue of which the opening hours immediately precede or continue into the specified times.

5.  The opening hours are not by virtue of article 3 to be treated as including the specified times insofar as they relate to the use of premises for—

(a) the sale by retail of alcohol for consumption off the premises, or

(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises.

6.  In relation to the use of premises for the provision of late night refreshment, the opening hours are only to be treated by virtue of article 3 as including the specified times if the premises may also be used at those times for—

(a) the sale by retail of alcohol for consumption on the premises, or

(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption on the premises.

Lord Henley

Minister of State

Home Office

9th March 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 172 of the Licensing Act 2003, and marks the occasion of Her Majesty the Queen’s Diamond Jubilee in respect of which there is an extended Jubilee weekend for the period 2nd to 5th June 2012.

This Order provides for premises licences and club premises certificates to have effect during the period from 1st June to 3rd June 2012 (to the extent that this is not already the case) as if specified times were included in the opening hours under the licence or certificate. The specified times are the periods of 2 hours beginning at 11pm on each of 1st June and 2nd June 2011. The Order only applies to licences and certificates which authorise licensable activities to be carried on up to or after 11pm on each of those days.

This Order does not apply to the sale by retail of alcohol for consumption off the premises, and the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises. This Order permits premises to be used for the provision of late night refreshment at the specified times only if at those times the premises may also be used for the sale or supply of alcohol for consumption on the premises.

(1)

2003 c.17.

(2)

The definition of “opening hours” is contained in section 172(5) of the Licensing Act 2003.