(1)In this Act—
“licensed premises”, in relation to England and Wales, means premises in respect of which there is in force [F1a premises licence under the Licensing Act 2003 authorising the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises] and, in relation to Scotland, means premises in respect of which a licence under the M1Licensing (Scotland) Act 1976, other than an off-sales licence or a licence under Part III of that Act (licences for seamen’s canteens), is in force; and
“licensee” in relation to any licensed premises means the holder of the licence granted in respect of those premises; and
“specified premises”, in relation to an exclusion order, means any licensed premises which the court may specify by name and address in the order.
(2)In the application of section 1 above to Scotland, the reference in subsection (1) of that section to a person’s being convicted of an offence shall, in relation to proceedings in a court of summary jurisdiction in which the court, without proceeding to conviction, discharges him absolutely under section 383 of the M2Criminal Procedure (Scotland) Act 1975 or makes a probation order under section 384 of that Act, shall be construed as a reference to the court’s being satisfied that he committed the offence.
(3)Where a court makes an exclusion order or an order terminating or varying an exclusion order, the [F2proper officer of the court], shall send a copy of the order to the licensee of the premises to which the order relates.
[F3(4)For the purposes of subsection (3) above—
(a)the proper officer of a magistrates’ court in England and Wales is the [F4designated officer] for the court;
(b)the proper officer of the Crown Court is the appropriate officer; and
(c)the proper officer of a court in Scotland is the clerk of the court.]
Textual Amendments
F1Words in s. 4(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 74 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F2Words in s. 4(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 94(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provisions in art. 4, Schs. 1, 2)
F3S. 4(4) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 94(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provisions in art. 4, Schs. 1, 2)
F4Words in s. 4(4)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8; S.I. 2005/910, art. 3(y)
Marginal Citations