The Licensing Act 2003 (Coronation Licensing Hours) Order 2023

Draft Order laid before Parliament under section 197(4) of the Licensing Act 2003, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2023 No. 0000

Licences And Licensing, England And Wales

The Licensing Act 2003 (Coronation Licensing Hours) Order 2023

Made

***

Coming into force

***

The Secretary of State, in exercise of the powers conferred by sections 172(1) and (3)(c) and 197(2)(b) 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 such persons as the Secretary of State considers appropriate in accordance with section 172(4) of the Licensing Act 2003.

In accordance with section 197(4)(2) of the Licensing Act 2003, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the Licensing Act 2003 (Coronation Licensing Hours) Order 2023 and comes into force on the day after the day on which it is made.

(2) In this Order—

“the celebration period” means the period beginning with 5th May 2023 and ending with 8th May 2023, and

“specified times” means the periods of 2 hours beginning at 11.00 p.m. on each of 5th May 2023, 6th May 2023 and 7th May 2023.

(3) This Order extends to England and Wales.

Licensing hours

2.—(1) Subject to paragraphs (3) and (4), premises licenses and club premises certificates to which paragraph (2) 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(3).

(2) This paragraph applies to premises licences and club premises certificates by virtue of which the opening hours immediately precede or continue into the specified times.

(3) The opening hours are not by virtue of paragraph (1) to be treated as including the specified times insofar as they relate to the use of the 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.

(4) In relation to the use of premises for the provision of late night refreshment(4), the opening hours are only to be treated by virtue of paragraph (1) 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.

Name

Minister of State

Home Office

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the extension of licensing hours for licensed premises and clubs during the celebration period, being 5th to 8th May 2023, relating to the coronation of His Majesty King Charles III on 6th May 2023.

Article 2 makes provision for any licensed premises or clubs which would normally be open for licensed activities until or after 11.00 pm (but closed before 1.00 am) to remain open until    1.00 am, if so desired, on each of 5th, 6th and 7th May 2023. This extension only applies to sales and supply for on-site consumption, and late-night food premises may only remain open if they are also licensed to sell or supply alcohol for consumption on the premises at the specified times.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and community bodies is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk and is also available from the Alcohol Policy Team of the Home Office, 2 Marsham Street, SW1P 4DF.

(1)

2003 c. 17.

(2)

There are amendments to section 197(4), but none is relevant.

(3)

“Opening hours” is defined in section 172(5) of the Licensing Act 2003 (“the 2003 Act”).

(4)

“Late night refreshment” is defined in paragraph 1(1) of Schedule 2 to the 2003 Act; paragraph 1(1) was amended by section 71 of the Deregulation Act 2015 (c. 20).