Licensing Act 2003

2003 c. 17

An Act to make provision about the regulation of the sale and supply of alcohol, the provision of entertainment and the provision of late night refreshment, about offences relating to alcohol and for connected purposes. C1

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C12

Annotations:
Modifications etc. (not altering text)
C1

Act modified (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2007/1118, art. 6

C2

Act modified (28.11.2008) by S.I. 2008/2867, reg. 12(1)(a)(ii)

Part 1Licensable activities

1Licensable activities and qualifying club activities

1

For the purposes of this Act the following are licensable activities—

a

the sale by retail of alcohol,

b

the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club,

c

the provision of regulated entertainment, and

d

the provision of late night refreshment.

2

For those purposes the following licensable activities are also qualifying club activities—

a

the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club,

b

the sale by retail of alcohol by or on behalf of a club to a guest of a member of the club for consumption on the premises where the sale takes place, and

c

the provision of regulated entertainment where that provision is by or on behalf of a club for members of the club or members of the club and their guests.

3

In this Act references to the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club do not include a reference to any supply which is a sale by retail of alcohol.

4

Schedule 1 makes provision about what constitutes the provision of regulated entertainment for the purposes of this Act.

5

Schedule 2 makes provision about what constitutes the provision of late night refreshment for those purposes (including provision that certain activities carried on in relation to certain clubs or hotels etc, or certain employees, do not constitute provision of late night refreshment and are, accordingly, not licensable activities).

6

For the purposes of this Act premises are “used” for a licensable activity if that activity is carried on on or from the premises.

7

This section is subject to sections 173 to 175 (which exclude activities from the definition of licensable activity in certain circumstances).

2Authorisation for licensable activities and qualifying club activities

1

A licensable activity may be carried on—

a

under and in accordance with a premises licence (see Part 3), or

b

in circumstances where the activity is a permitted temporary activity by virtue of Part 5.

2

A qualifying club activity may be carried on under and in accordance with a club premises certificate (see Part 4).

3

Nothing in this Act prevents two or more authorisations having effect concurrently in respect of the whole or a part of the same premises or in respect of the same person.

4

For the purposes of subsection (3) “authorisation” means—

a

a premises licence;

b

a club premises certificate;

c

a temporary event notice.

Part 2Licensing authorities

The authorities

3Licensing authorities

1

In this Act “licensing authority” means—

a

the council of a district in England,

b

the council of a county in England in which there are no district councils,

c

the council of a county or county borough in Wales,

d

the council of a London borough,

e

the Common Council of the City of London,

f

the Sub-Treasurer of the Inner Temple,

g

the Under-Treasurer of the Middle Temple, or

h

the Council of the Isles of Scilly.

2

For the purposes of this Act, a licensing authority’s area is the area for which the authority acts.

Functions of licensing authorities etc.

4General duties of licensing authorities

1

A licensing authority must carry out its functions under this Act (“licensing functions”) with a view to promoting the licensing objectives.

2

The licensing objectives are—

a

the prevention of crime and disorder;

b

public safety;

c

the prevention of public nuisance; and

d

the protection of children from harm.

3

In carrying out its licensing functions, a licensing authority must also have regard to—

a

its licensing statement published under section 5, and

b

any guidance issued by the Secretary of State under section 182.

5Statement of licensing policy

1

Each licensing authority must in respect of each F177five year period—

a

determine its policy with respect to the exercise of its licensing functions, and

b

publish a statement of that policy F178... before the beginning of the period.

F1792

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Before determining its policy for a F176five year period, a licensing authority must consult—

a

the chief officer of police for the licensing authority’s area,

b

the F1fire and rescue authority for that area,

F175ba

each F349... Local Health Board for an area any part of which is in the licensing authority's area,

F348bb

each local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority's area,

c

such persons as the licensing authority considers to be representative of holders of premises licences issued by that authority,

d

such persons as the licensing authority considers to be representative of holders of club premises certificates issued by that authority,

e

such persons as the licensing authority considers to be representative of holders of personal licences issued by that authority, and

f

such other persons as the licensing authority considers to be representative of businesses and residents in its area.

4

During each F180five year period, a licensing authority must keep its policy F181in respect of that period under review and make such revisions to it, at such times, as it considers appropriate.

5

Subsection (3) applies in relation to any revision of an authority’s policy as it applies in relation to the original determination of that policy.

6

Where revisions are made, the licensing authority must publish a statement of the revisions or the revised licensing statement.

F1736A

Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—

a

determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and

b

publishing a statement of that policy before that date.

6B

Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).

6C

A licensing statement must specify the five year period to which it relates.

F5626D

In determining or revising its policy, a licensing authority must have regard to any cumulative impact assessments published by it under section 5A.

6E

A licensing statement must—

a

summarise any cumulative impact assessments published by the licensing authority under section 5A, and

b

explain how the licensing authority has discharged its duty under subsection (6D).

7

Regulations may make provision about the determination and revision of policies, and the preparation and publication of licensing statements, under this section.

F1748

In this section—

  • “five year period”, in relation to a licensing authority, means—

    1. a

      if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or

    2. b

      if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;

  • “licensing statement” means a statement published under subsection (1)(b) or (6A)(b).

5AF563Cumulative impact assessments

1

A licensing authority may publish a document (“a cumulative impact assessment”) stating that the licensing authority considers that the number of relevant authorisations in respect of premises in one or more parts of its area described in the assessment is such that it is likely that it would be inconsistent with the authority's duty under section 4(1) to grant any further relevant authorisations in respect of premises in that part or those parts.

2

A cumulative impact assessment must set out the evidence for the authority's opinion as set out in the assessment in accordance with subsection (1).

3

For the purposes of this section, “relevant authorisations” means—

a

premises licences;

b

club premises certificates.

4

A cumulative impact assessment may relate to all relevant authorisations or only to relevant authorisations of a kind described in the assessment.

5

Before publishing a cumulative impact assessment, the licensing authority must consult the persons mentioned in section 5(3).

6

For the purposes of the consultation, the licensing authority must provide the persons mentioned in section 5(3) with the following information—

a

the reasons why it is considering publishing a cumulative impact assessment;

b

a general indication of the part or parts of its area which it is considering describing in the assessment;

c

whether it considers that the assessment will relate to all relevant authorisations or only to relevant authorisations of a particular kind.

7

Where a licensing authority publishes a cumulative impact assessment, it must, before the end of each relevant period, consider whether it remains of the opinion stated in the assessment.

8

Before deciding whether it remains of that opinion, the licensing authority must consult the persons mentioned in section 5(3).

9

If the licensing authority is no longer of that opinion—

a

it must publish a statement to that effect, and

b

the duties in section 5(6D) and (6E) and subsection (7) of this section cease to apply in relation to the assessment.

10

If the licensing authority remains of that opinion, it must revise the cumulative impact assessment so that it—

a

includes a statement to that effect, and

b

sets out the evidence as to why the authority remains of that opinion.

11

A licensing authority must publish any revision of a cumulative impact assessment.

12

In subsection (7), “relevant period” means the period of three years beginning with the publication of the cumulative impact assessment or a revision of the cumulative impact assessment.

6Licensing committees

1

Each licensing authority must establish a licensing committee consisting of at least ten, but not more than fifteen, members of the authority.

2

This section does not apply in relation to the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple.

7Exercise and delegation of functions

1

All matters relating to the discharge by a licensing authority of its licensing functions are, by virtue of this subsection, referred to its licensing committee and, accordingly, that committee must discharge those functions on behalf of the authority.

2

Subsection (1) does not apply to—

a

any function conferred on the licensing authority by section 5 (statement of licensing policy),

F339aa

the functions of making, and varying or revoking, an order under section 172A (early morning alcohol restriction order), or

b

any function discharged under subsection (5)(a) below by a committee (other than a licensing committee),

or any matter relating to the discharge of any such function.

3

A licensing authority may arrange for the discharge by its licensing committee of any function of the authority which—

a

relates to a matter referred to that committee by virtue of subsection (1), but

b

is not a licensing function.

4

Where the licensing authority does not make arrangements under subsection (3) in respect of any such function, it must (unless the matter is urgent) consider a report of its licensing committee with respect to the matter before discharging the function.

5

Where a matter relates to a licensing function of a licensing authority and to a function of the authority which is not a licensing function (“the other function”), the authority may—

a

refer the matter to another of its committees and arrange for the discharge of the licensing function by that committee, or

b

refer the matter to its licensing committee (to the extent it is not already so referred under subsection (1)) and arrange for the discharge of the other function by the licensing committee.

6

In a case where an authority exercises its power under subsection (5)(a), the committee to which the matter is referred must (unless the matter is urgent) consider a report of the authority’s licensing committee with respect to the matter before discharging the function concerned.

7

Before exercising its power under subsection (5)(b), an authority must consult its licensing committee.

8

In a case where an authority exercises its power under subsection (5)(b), its licensing committee must (unless the matter is urgent) consider any report of any of the authority’s other committees with respect to the matter before discharging the function concerned.

C3C49

Where a licensing committee is unable to discharge any function delegated to it in accordance with this section because of the number of its members who are unable to take part in the consideration or discussion of any matter or vote on any question with respect to it, the committee must refer the matter back to the licensing authority and the authority must discharge that function.

10

This section does not apply in relation to the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple.

8Requirement to keep a register

1

Each licensing authority must keep a register containing—

a

a record of each premises licence, club premises certificate and personal licence issued by it,

b

a record of each temporary event notice received by it,

F571ba

an entry noting that the provisions of section 172F may have an impact on the conditions of, and activities authorised by, a premises licence during the relevant period (within the meaning of section 172F),

c

the matters mentioned in Schedule 3, and

d

such other information as may be prescribed.

2

Regulations may require a register kept under this section to be in a prescribed form and kept in a prescribed manner.

3

Each licensing authority must provide facilities for making the information contained in the entries in its register available for inspection (in a legible form) by any person during office hours and without payment.

4

If requested to do so by any person, a licensing authority must supply him with a copy of the information contained in any entry in its register in legible form.

5

A licensing authority may charge such reasonable fee as it may determine in respect of any copy supplied under subsection (4).

6

The Secretary of State may arrange for the duties conferred on licensing authorities by this section to be discharged by means of one or more central registers kept by a person appointed pursuant to the arrangements.

7

The Secretary of State may require licensing authorities to participate in and contribute towards the cost of any arrangements made under subsection (6).

Licensing committees

C5C6I19Proceedings of licensing committee

1

A licensing committee may establish one or more sub-committees consisting of three members of the committee.

2

Regulations may make provision about—

a

the proceedings of licensing committees and their sub-committees (including provision about the validity of proceedings and the quorum for meetings),

b

public access to the meetings of those committees and sub-committees,

c

the publicity to be given to those meetings,

d

the agendas and records to be produced in respect of those meetings, and

e

public access to such agendas and records and other information about those meetings.

3

Subject to any such regulations, each licensing committee may regulate its own procedure and that of its sub-committees.

C7C810Sub-delegation of functions by licensing committee etc.

1

A licensing committee may arrange for the discharge of any functions exercisable by it—

a

by a sub-committee established by it, or

b

subject to subsection (4), by an officer of the licensing authority.

2

Where arrangements are made under subsection (1)(a), then, subject to subsections (4) and (5), the sub-committee may in turn arrange for the discharge of the function concerned by an officer of the licensing authority.

3

Arrangements under subsection (1) or (2) may provide for more than one sub-committee or officer to discharge the same function concurrently.

4

Arrangements may not be made under subsection (1) or (2) for the discharge by an officer of—

a

any function under—

i

section 18(3) (determination of application for premises licence where representations have been made),

ii

section 31(3) (determination of application for provisional statement where representations have been made),

iii

section 35(3) (determination of application for variation of premises licence where representations have been made),

iv

section 39(3) (determination of application to vary designated premises supervisor following police objection),

v

section 44(5) (determination of application for transfer of premises licence following F499... objection),

vi

section 48(3) (consideration of F500... objection made to interim authority notice),

F2via

section 53A(2)(a) or 53B (determination of interim steps pending summary review),

vii

section 72(3) (determination of application for club premises certificate where representations have been made),

viii

section 85(3)(determination of application to vary club premises certificate where representations have been made),

ix

section 105(2) (decision to give counter notice following police objection to temporary event notice),

x

section 120(7) (determination of application for grant of personal licence following F501... objection),

F382xi

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

xii

section 124(4) (revocation of licence where convictions come to light after grant etc.),

F451xiii

section 132A(8) and (12) (revocation or suspension of licence by local authority where it becomes aware of convictions or immigration penalties),

F573xiv

section 172G(3)(a) or 172H (determination of interim steps pending summary off-sales review),

b

any function under section 52(2) or (3) (determination of application for review of premises licence) in a case where relevant representations (within the meaning of section 52(7)) have been made,

F3ba

any function under section 53C (review following review notice), in a case where relevant representations (within the meaning of section 53C(7)) have been made,

c

any function under section 88(2) or (3) (determination of application for review of club premises certificate) in a case where relevant representations (within the meaning of section 88(7)) have been made, or

d

any function under section 167(5) (review following closure order), in a case where relevant representations (within the meaning of section 167(9)) have been made.

F572da

any function under section 172I (off-sales review following review application), in a case where relevant representations (within the meaning of section 172I(7)) have been made, or

5

The power exercisable under subsection (2) by a sub-committee established by a licensing committee is also subject to any direction given by that committee to the sub-committee.

Part 3Premises licences

Introductory

11Premises licence

In this Act “premises licence” means a licence granted under this Part, in respect of any premises, which authorises the premises to be used for one or more licensable activities.

12The relevant licensing authority

1

For the purposes of this Part the “relevant licensing authority” in relation to any premises is determined in accordance with this section.

2

Subject to subsection (3), the relevant licensing authority is the authority in whose area the premises are situated.

3

Where the premises are situated in the areas of two or more licensing authorities, the relevant licensing authority is—

a

the licensing authority in whose area the greater or greatest part of the premises is situated, or

b

if there is no authority to which paragraph (a) applies, such one of those authorities as is nominated in accordance with subsection (4).

4

In a case within subsection (3)(b)—

a

an applicant for a premises licence must nominate one of the licensing authorities as the relevant licensing authority in relation to the application and any licence granted as a result of it, and

b

an applicant for a statement under section 29 (provisional statement) in respect of the premises must nominate one of the licensing authorities as the relevant licensing authority in relation to the statement.

I213Authorised personsF202... and responsible authorities

1

In this Part in relation to any premises each of the following expressions has the meaning given to it by this section—

  • “authorised person”,

  • F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “responsible authority”.

2

“Authorised person” means any of the following—

a

an officer of a licensing authority in whose area the premises are situated who is authorised by that authority for the purposes of this Act,

F4b

an inspector appointed by the fire and rescue authority for the area in which the premises are situated.

c

an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37),

d

an officer of a local authority, in whose area the premises are situated, who is authorised by that authority for the purposes of exercising one or more of its statutory functions in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

e

in relation to a vessel, an inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 (c. 21),

f

a person prescribed for the purposes of this subsection.

F2053

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

“Responsible authority” means any of the following—

F203za

the relevant licensing authority and any other licensing authority in whose area part of the premises is situated,

a

the chief officer of police for any police area in which the premises are situated,

b

the F5fire and rescue authority for any area in which the premises are situated,

F204ba

the F344... Local Health Board for any area in which the premises are situated,

F343bb

the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated,

c

the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 for any area in which the premises are situated,

d

the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the premises are situated,

e

the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

f

a body which—

i

represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and

ii

is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters,

F207g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

in relation to a vessel—

i

a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is, or is proposed to be, navigated at a time when it is used for licensable activities,

ii

the Environment Agency,

iii

F309Canal & River Trust, or

iv

the Secretary of State,

F460ha

where the premises (not being a vessel) are being, or are proposed to be, used for a licensable activity within section 1(1)(a) or (d), the Secretary of State,

i

a person prescribed for the purposes of this subsection.

5

For the purposes of this section, “statutory function” means a function conferred by or under any enactment.

14Meaning of “supply of alcohol”

For the purposes of this Part the “supply of alcohol” means—

a

the sale by retail of alcohol, or

b

the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

15Meaning of “designated premises supervisor”

1

In this Act references to the “designated premises supervisor”, in relation to a premises licence, are to the individual for the time being specified in that licence as the premises supervisor.

2

Nothing in this Act prevents an individual who holds a premises licence from also being specified in the licence as the premises supervisor.

Grant of premises licence

I316Applicant for premises licence

1

F530Subject to subsections (2) and (2A), the following persons may apply for a premises licence—

a

a person who carries on, or proposes to carry on, a business which involves the use of the premises for the licensable activities to which the application relates,

b

a person who makes the application pursuant to—

i

any statutory function discharged by that person which relates to those licensable activities, or

ii

any function discharged by that person by virtue of Her Majesty’s prerogative,

c

a recognised club,

d

a charity,

e

the proprietor of an educational institution,

f

a health service body,

g

a person who is registered under Part 2 of the Care Standards Act 2000 (c. 14) in respect of an independent hospital F6in Wales,

F7ga

a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of that Part) in an independent hospital in England,

h

the chief officer of police of a police force in England and Wales,

i

a person of such other description as may be prescribed.

2

F531... an individual may not apply for a premises licence unless he is aged 18 or over.

F5292A

An individual who is resident in the United Kingdom may not apply for a premises licence authorising premises to be used for a licensable activity within section 1(1)(a) or (d) unless the individual is entitled to work in the United Kingdom.

3

In this section—

  • F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “educational institution” means—

    1. a

      a school, or an institution within the further F565... education sector, within the meaning of section 4 of the Education Act 1996 (c. 56), F566...

    2. aa

      F568an institution within the higher education sector, within the meaning given by section 91(5) of the Further and Higher Education Act 1992, or

    3. b

      a college (including any institution in the nature of a college), school, hall or other institution of a university, in circumstances where the university receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) F567or section 39 or 97 of the Higher Education and Research Act 2017;

  • “health service body” means—

    1. a

      an NHS trust established by virtue of F8section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006,

    2. b

      F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. c

      a Local Health Board established by virtue of section 16BA of that Act;

  • F9“independent hospital”—

    1. a

      in relation to England, means—

      1. i

        a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, or

      2. ii

        any other establishment in which any of the services listed in subsection (4) are provided and which is not a health service hospital as so defined; and

    2. b

      in relation to Wales, has the same meaning as in the Care Standards Act 2000;

  • “proprietor”—

    1. a

      in relation to a school within the meaning of section 4 of the Education Act 1996, has the same meaning as in section 579(1) of that Act, and

    2. b

      in relation to an educational institution other than such a school, means the governing body of that institution within the meaning of section 90(1) of the Further and Higher Education Act 1992; and

  • “statutory function” means a function conferred by or under any enactment.

F104

The services referred to in paragraph (a)(ii) of the definition of “independent hospital” are as follows—

a

medical treatment under anaesthesia or intravenously administered sedation;

b

dental treatment under general anaesthesia;

c

obstetric services and, in connection with childbirth, medical services;

d

termination of pregnancies;

e

cosmetic surgery, other than—

i

ear and body piercing;

ii

tattooing;

iii

the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or

iv

the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.

I417Application for premises licence

1

An application for a premises licence must be made to the relevant licensing authority.

2

Subsection (1) is subject to regulations under—

a

section 54 (form etc. of applications etc.);

b

section 55 (fees to accompany applications etc.).

3

An application under this section must also be accompanied—

a

by an operating schedule,

b

by a plan of the premises to which the application relates, in the prescribed form, and

c

if the licensable activities to which the application relates (“the relevant licensable activities”) include the supply of alcohol, by a form of consent in the prescribed form given by the individual whom the applicant wishes to have specified in the premises licence as the premises supervisor.

4

An “operating schedule” is a document which is in the prescribed form and includes a statement of the following matters—

a

the relevant licensable activities,

b

the times during which it is proposed that the relevant licensable activities are to take place,

c

any other times during which it is proposed that the premises are to be open to the public,

d

where the applicant wishes the licence to have effect for a limited period, that period,

e

where the relevant licensable activities include the supply of alcohol, prescribed information in respect of the individual whom the applicant wishes to have specified in the premises licence as the premises supervisor,

f

where the relevant licensable activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or off the premises, or both,

g

the steps which it is proposed to take to promote the licensing objectives,

h

such other matters as may be prescribed.

5

The Secretary of State must by regulations—

a

require an applicant to advertise his application within the prescribed period—

i

in the prescribed form, and

ii

in a manner which is prescribed and is likely to bring the application to the attention of the i F217persons who live, or are involved in a business, in the relevant licensing authority's area and who are likely to be affected by it;

F153aa

require the relevant licensing authority to advertise the application within the prescribed period—

i

in the prescribed form, and

ii

in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and

b

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

prescribe the period during which F218responsible authorities and other persons may make representations to the relevant licensing authority about the application.

F126

The Secretary of State may by regulations—

a

require an applicant to give notice of his application to each responsible authority, and such other persons as may be prescribed, within the prescribed period, and

b

in a case where the application is made by means of a relevant electronic facility, require the relevant licensing authority to give notice of the application to such persons as may be prescribed, within the prescribed period.

18Determination of application for premises licence

1

This section applies where the relevant licensing authority—

a

receives an application for a premises licence made in accordance with section 17, and

b

is satisfied that the applicant has complied with any requirement imposed on him under subsection (5) of that section.

2

Subject to subsection (3), the authority must grant the licence in accordance with the application subject only to—

a

such conditions as are consistent with the operating schedule accompanying the application, and

b

any conditions which must under section 19, 20 or 21 be included in the licence.

3

Where relevant representations are made, the authority must—

a

hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

b

having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers F247appropriate for the promotion of the licensing objectives.

4

The steps are—

a

to grant the licence subject to—

i

the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers F248appropriate for the promotion of the licensing objectives, and

ii

any condition which must under section 19, 20 or 21 be included in the licence;

b

to exclude from the scope of the licence any of the licensable activities to which the application relates;

c

to refuse to specify a person in the licence as the premises supervisor;

d

to reject the application.

5

For the purposes of subsection (4)(a)(i) the conditions mentioned in subsection (2)(a) are modified if any of them is altered or omitted or any new condition is added.

6

For the purposes of this section, “relevant representations” means representations which—

a

are about the likely effect of the grant of the premises licence on the promotion of the licensing objectives,

b

meet the requirements of subsection (7),

c

if they relate to the identity of the person named in the application as the proposed premises supervisor, meet the requirements of subsection (9), and

d

are not excluded representations by virtue of section 32 (restriction on making representations following issue of provisional statement).

7

The requirements of this subsection are—

a

that the representations were made by F249a responsible authority or other person within the period prescribed under section 17(5)(c),

b

that they have not been withdrawn, and

c

in the case of representations made by F250a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

8

Where the authority determines for the purposes of subsection (7)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.

9

The requirements of this subsection are that the representations—

a

were made by a chief officer of police for a police area in which the premises are situated, and

b

include a statement that, due to the exceptional circumstances of the case, he is satisfied that the designation of the person concerned as the premises supervisor under the premises licence would undermine the crime prevention objective.

10

In discharging its duty under subsection (2) or (3)(b), a licensing authority may grant a licence under this section subject to different conditions in respect of—

a

different parts of the premises concerned;

b

different licensable activities.

19Mandatory conditions where licence authorises supply of alcohol

1

Where a premises licence authorises the supply of alcohol, the licence must include the following conditions.

2

The first condition is that no supply of alcohol may be made under the premises licence—

a

at a time when there is no designated premises supervisor in respect of the premises licence, or

b

at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

3

The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

F134

The other conditions are any conditions specified in an order under section 19A and applicable to the premises licence.

19AF18Power of Secretary of State to impose section 19(4) mandatory conditions

1

The Secretary of State may by order specify conditions relating to the supply of alcohol and applicable to all relevant premises licences or relevant premises licences of a particular description if the Secretary of State considers it appropriate to do so for the promotion of the licensing objectives.

2

The number of conditions in force by virtue of subsection (1) in relation to all relevant premises licences and the number of conditions in force by virtue of that subsection in relation to relevant premises licences of particular descriptions must not (when added together) exceed at any time nine.

3

An order under subsection (1) may—

a

relate to existing or future relevant premises licences,

b

specify conditions which involve, or consist of, the exercise of a discretion by any person.

4

Any conditions specified by an order under subsection (1) in relation to existing relevant premises licences are to be treated as—

a

included in those licences from the coming into force of the order, and

b

overriding any conditions already included in those licences (“the existing conditions”) so far as they are—

i

identical to the existing conditions, or

ii

inconsistent with, and more onerous than, the existing conditions.

5

Any conditions included, or treated as included, in relevant premises licences by virtue of section 19(4) and this section cease to have effect so far as they cease to be specified under this section in relation to those licences.

6

Any conditions treated as mentioned in subsection (4)(b) cease to be so treated so far as they cease to be specified under this section in relation to the relevant premises licences concerned.

7

So far as conditions cease to be treated as mentioned in subsection (4)(b), the existing conditions revive.

8

Subsections (5) to (7) are subject to any alternative transitional or saving provision made by the order revoking the specification.

9

In this section—

  • “existing relevant premises licence”, in relation to an order, means a relevant premises licence granted before the coming into force of the order and in effect, or capable of having effect, on its coming into force,

  • “future relevant premises licence”, in relation to an order, means a relevant premises licence granted on or after the coming into force of the order,

  • “relevant premises licence” means a premises licence authorising the supply of alcohol.

20Mandatory condition: exhibition of films

1

Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

2

Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

3

Where—

a

the film classification body is not specified in the licence, or

b

the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

admission of children must be restricted in accordance with any recommendation made by that licensing authority.

4

In this section—

  • “children” means persons aged under 18; and

  • “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).

21Mandatory condition: door supervision

1

Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must

F14a

be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

b

be entitled to carry out that activity by virtue of section 4 of that Act.

2

But nothing in subsection (1) requires such a condition to be imposed—

a

in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or

b

in respect of premises in relation to—

i

any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

ii

any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

3

For the purposes of this section—

a

“security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, F15and which is licensable conduct for the purposes of that Act (see section 3(2) of that Act) and

b

paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

22Prohibited conditions: plays

1

In relation to a premises licence which authorises the performance of plays, no condition may be attached to the licence as to the nature of the plays which may be performed, or the manner of performing plays, under the licence.

2

But subsection (1) does not prevent a licensing authority imposing, in accordance with section 18(2)(a) or (3)(b), 35(3)(b) or 52(3), any condition which it considers F182appropriate on the grounds of public safety.

23Grant or rejection of application

1

Where an application is granted under section 18, the relevant licensing authority must forthwith—

a

give a notice to that effect to—

i

the applicant,

ii

any person who made relevant representations in respect of the application, and

iii

the chief officer of police for the police area (or each police area) in which the premises are situated, and

b

issue the applicant with the licence and a summary of it.

2

Where relevant representations were made in respect of the application, the notice under subsection (1)(a) must state the authority’s reasons for its decision as to the steps (if any) to take under section 18(3)(b).

3

Where an application is rejected under section 18, the relevant licensing authority must forthwith give a notice to that effect, stating its reasons for the decision, to—

a

the applicant,

b

any person who made relevant representations in respect of the application, and

c

the chief officer of police for the police area (or each police area) in which the premises are situated.

4

In this section “relevant representations” has the meaning given in section 18(6).

24Form of licence and summary

1

A premises licence and the summary of a premises licence must be in the prescribed form.

2

Regulations under subsection (1) must, in particular, provide for the licence to—

a

specify the name and address of the holder;

b

include a plan of the premises to which the licence relates;

c

if the licence has effect for a limited period, specify that period;

d

specify the licensable activities for which the premises may be used;

e

if the licensable activities include the supply of alcohol, specify the name and address of the individual (if any) who is the premises supervisor in respect of the licence;

f

specify the conditions subject to which the licence F16is issued.

25Theft, loss, etc. of premises licence or summary

1

Where a premises licence or summary is lost, stolen, damaged or destroyed, the holder of the licence may apply to the relevant licensing authority for a copy of the licence or summary.

2

Subsection (1) is subject to regulations under section 55(1) (fee to accompany applications).

3

Where an application is made in accordance with this section, the relevant licensing authority must issue the holder of the licence with a copy of the licence or summary (certified by the authority to be a true copy) if it is satisfied that—

a

the licence or summary has been lost, stolen, damaged or destroyed, F425...

F425b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The copy issued under this section must be a copy of the premises licence or summary in the form in which it existed immediately before it was lost, stolen, damaged or destroyed.

5

This Act applies in relation to a copy issued under this section as it applies in relation to an original licence or summary.

25AF19Grant of premises licence: supply of alcohol from community premises

1

Where a management committee of community premises makes an application under section 17 for a premises licence authorising the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

2

In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

3

In a case where an application under section 17 includes an application under subsection (1), sections 17 to 19 are modified as follows.

4

Section 17 has effect as if subsections (3)(c) and (4)(e) were omitted.

5

Section 18 has effect as if—

a

subsection (4)(c) were omitted;

b

in subsection (6)(c), the reference to the identity of the person named in the application as the proposed premises supervisor were to the inclusion of the alternative licence condition;

c

in subsection (9)(b), the reference to the designation of the person concerned as the premises supervisor under the premises licence were to the inclusion of the alternative licence condition.

6

Section 19 has effect as if at the end there were inserted—

F175

But where—

a

the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and

b

if any representations are made pursuant to section 18(6)(c), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be F208appropriate to promote the crime prevention objective,

the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 25A(2) instead.

Duration of licence

26Period of validity of premises licence

1

Subject to sections 27 and 28, a premises licence has effect until such time as—

a

it is revoked under section 52, or

b

if it specifies that it has effect for a limited period, that period expires.

2

But a premises licence does not have effect during any period when it is suspended under section 52 F228or 55A .

27Death, incapacity, insolvency etc. of licence holder

1

A premises licence lapses if the holder of the licence—

a

dies,

F20b

becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to hold the licence,

c

becomes insolvent,

d

is dissolved, or

e

if it is a club, ceases to be a recognised club.

F5281A

A premises licence that authorises premises to be used for a licensable activity within section 1(1)(a) or (d) also lapses if the holder of the licence ceases to be entitled to work in the United Kingdom at a time when the holder of the licence is resident in the United Kingdom (or becomes so resident without being entitled to work in the United Kingdom).

2

This section is subject to sections 47 and 50 (which make provision for the reinstatement of the licence in certain circumstances).

3

For the purposes of this section, an individual becomes insolvent on—

a

the approval of a voluntary arrangement proposed by him,

b

being F433made bankrupt or having his estate sequestrated, or

c

entering into F430... a trust deed for his creditors.

4

For the purposes of this section, a company becomes insolvent on—

a

the approval of a voluntary arrangement proposed by its directors,

b

the appointment of an administrator in respect of the company,

c

the appointment of an administrative receiver in respect of the company, or

d

going into liquidation.

5

An expression used in this section and in the Insolvency Act 1986 (c. 45) has the same meaning in this section as in that Act.

28Surrender of premises licence

1

Where the holder of a premises licence wishes to surrender his licence he may give the relevant licensing authority a notice to that effect.

2

The notice must be accompanied by the premises licence or, if that is not practicable, by a statement of the reasons for the failure to provide the licence.

3

Where a notice of surrender is given in accordance with this section, the premises licence lapses on receipt of the notice by the authority.

4

This section is subject to section 50 (which makes provision for the reinstatement in certain circumstances of a licence surrendered under this section).

Provisional statement

I529Application for a provisional statement where premises being built, etc.

1

This section applies to premises which—

a

are being or are about to be constructed for the purpose of being used for one or more licensable activities, or

b

are being or are about to be extended or otherwise altered for that purpose (whether or not they are already being used for that purpose).

2

A person may apply to the relevant licensing authority for a provisional statement if—

a

he is interested in the premises, and

b

where he is an individual, he is aged 18 or over.

3

In this Act “provisional statement” means a statement issued under section 31(2) or (3)(c).

4

Subsection (2) is subject to regulations under—

a

section 54 (form etc. of applications etc.);

b

section 55 (fees to accompany applications etc.).

5

An application under this section must also be accompanied by a schedule of works.

6

A schedule of works is a document in the prescribed form which includes—

a

a statement made by or on behalf of the applicant including particulars of the premises to which the application relates and of the licensable activities for which the premises are to be used,

b

plans of the work being or about to be done at the premises, and

c

such other information as may be prescribed.

7

For the purposes of this Part, in relation to any premises in respect of which an application for a provisional statement has been made, references to the work being satisfactorily completed are to work at the premises being completed in a manner which substantially complies with the schedule of works accompanying the application.

30Advertisement of application for provisional statement

1

This section applies where an application is made under section 29.

2

The duty to make regulations imposed on the Secretary of State by section 17(5) (advertisement etc. of application) applies in relation to an application under section 29 as it applies in relation to an application under section 17.

3

Regulations made under section 17(5)(a) by virtue of subsection (2) may, in particular, require advertisements to contain a statement in the prescribed form describing the effect of section 32 (restriction on representations following issue of a provisional statement).

I631Determination of application for provisional statement

1

This section applies where the relevant licensing authority—

a

receives a provisional statement application, and

b

is satisfied that the applicant has complied with any requirement imposed on him by virtue of section 30.

2

Where no relevant representations are made, the authority must issue the applicant with a statement to that effect.

3

Where relevant representations are made, the authority must—

a

hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary,

b

determine whether, on the basis of those representations and the provisional statement application, it would consider it F251appropriate to take any steps under section 18(3)(b) if, on the work being satisfactorily completed, it had to decide whether to grant a premises licence in the form described in the provisional statement application, and

c

issue the applicant with a statement which—

i

gives details of that determination, and

ii

states the authority’s reasons for its decision as to the steps (if any) that it would be F252appropriate to take under section 18(3)(b).

4

The licensing authority must give a copy of the provisional statement to—

a

each person who made relevant representations, and

b

the chief officer of police for each police area in which the premises are situated.

5

In this section “relevant representations” means representations—

a

which are about the likely effect on the licensing objectives of the grant of a premises licence in the form described in the provisional statement application, if the work at the premises was satisfactorily completed, and

b

which meet the requirements of subsection (6).

6

The requirements are—

a

that the representations are made by F253a responsible authority or other person within the period prescribed under section 17(5)(c) by virtue of section 30,

b

that the representations have not been withdrawn, and

c

in the case of representations made by F254a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

7

Where the authority determines for the purposes of subsection (6)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.

8

In this section “provisional statement application” means an application made in accordance with section 29.

32Restriction on representations following provisional statement

1

This section applies where a provisional statement has been issued in respect of any premises (“the relevant premises”) and a person subsequently applies for a premises licence in respect of—

a

the relevant premises or a part of them, or

b

premises that are substantially the same as the relevant premises or a part of them.

2

Where—

a

the application for the premises licence is an application for a licence in the same form as the licence described in the application for the provisional statement, and

b

the work described in the schedule of works accompanying the application for that statement has been satisfactorily completed,

representations made by a person (“the relevant person”) in respect of the application for the premises licence are excluded representations for the purposes of section 18(6)(d) if subsection (3) applies.

3

This subsection applies if—

a

given the information provided in the application for the provisional statement, the relevant person could have made the same, or substantially the same, representations about that application but failed to do so, without reasonable excuse, and

b

there has been no material change in circumstances relating either to the relevant premises or to the area in the vicinity of those premises since the provisional statement was made.

Duty to notify certain changes

33Notification of change of name or address

1

The holder of a premises licence must, as soon as is reasonably practicable, notify the relevant licensing authority of any change in—

a

his name or address,

b

unless the designated premises supervisor has already notified the authority under subsection (4), the name or address of that supervisor.

2

Subsection (1) is subject to regulations under section 55(1) (fee to accompany application).

3

A notice under subsection (1) must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to produce the licence (or part).

4

Where the designated premises supervisor under a premises licence is not the holder of the licence, he may notify the relevant licensing authority under this subsection of any change in his name or address.

5

Where the designated premises supervisor gives a notice under subsection (4), he must, as soon as is reasonably practicable, give the holder of the premises licence a copy of that notice.

6

A person commits an offence if he fails, without reasonable excuse, to comply with this section.

7

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Variation of licences

I734Application to vary premises licence

1

The holder of a premises licence may apply to the relevant licensing authority for variation of the licence.

2

Subsection (1) is subject to regulations under—

a

section 54 (form etc. of applications etc.);

b

section 55 (fees to accompany applications etc.).

3

An application under this section must also be accompanied by the premises licence (or the appropriate part of that licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).

4

This section does not apply to an application within section 37(1) (application to vary licence to specify individual as premises supervisor).

F215

The functions of the Secretary of State under subsections (5) and (6) of section 17 (advertisements etc. of application) apply in relation to applications under this section as they apply in relation to applications under that section.

I835Determination of application under section 34

1

This section applies where the relevant licensing authority—

a

receives an application, made in accordance with section 34, to vary a premises licence, and

b

is satisfied that the applicant has complied with any requirement imposed on him by virtue of subsection (5) of that section.

2

Subject to subsection (3) and section 36(6), the authority must grant the application.

3

Where relevant representations are made, the authority must—

a

hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

b

having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers F256appropriate for the promotion of the licensing objectives.

4

The steps are—

a

to modify the conditions of the licence;

b

to reject the whole or part of the application;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

5

In this section “relevant representations” means representations which—

a

are about the likely effect of the grant of the application on the promotion of the licensing objectives, and

b

meet the requirements of subsection (6).

6

The requirements are—

a

that the representations are made by F257a responsible authority or other person within the period prescribed under section 17(5)(c) by virtue of section 34(5),

b

that they have not been withdrawn, and

c

in the case of representations made by F258a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

7

Subsections (2) and (3) are subject to sections F2219 to 21(which require certain conditions to be included in premises licences).

I936Supplementary provision about determinations under section 35

1

Where an application (or any part of an application) is granted under section 35, the relevant licensing authority must forthwith give a notice to that effect to—

a

the applicant,

b

any person who made relevant representations in respect of the application, and

c

the chief officer of police for the police area (or each police area) in which the premises are situated.

2

Where relevant representations were made in respect of the application, the notice under subsection (1) must state the authority’s reasons for its decision as to the steps (if any) to take under section 35(3)(b).

3

The notice under subsection (1) must specify the time when the variation in question takes effect.

That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.

4

Where an application (or any part of an application) is rejected under section 35, the relevant licensing authority must forthwith give a notice to that effect stating its reasons for rejecting the application to—

a

the applicant,

b

any person who made relevant representations in respect of the application, and

c

the chief officer of police for the police area (or each police area) in which the premises are situated.

5

Where the relevant licensing authority determines for the purposes of section 35(6)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

6

A licence may not be varied under section 35 so as—

a

to extend the period for which the licence has effect, or

b

to vary substantially the premises to which it relates.

7

In discharging its duty under subsection (2) or (3)(b) of that section, a licensing authority may vary a premises licence so that it has effect subject to different conditions in respect of—

a

different parts of the premises concerned;

b

different licensable activities.

8

In this section “relevant representations” has the meaning given in section 35(5).

I1037Application to vary licence to specify individual as premises supervisor

1

The holder of a premises licence may—

a

if the licence authorises the supply of alcohol, or

b

if he has applied under section 34 to vary the licence so that it authorises such supplies,

apply to vary the licence so as to specify the individual named in the application (“the proposed individual”) as the premises supervisor.

2

Subsection (1) is subject to regulations under—

a

section 54 (form etc. of applications etc.);

b

section 55 (fees to accompany applications etc.).

3

An application under this section must also be accompanied by—

a

a form of consent in the prescribed form given by the proposed individual, and

b

the premises licence (or the appropriate part of that licence) or, if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).

4

F23Notice of an application under this section must be given—

a

to the chief officer of police for the police area (or each police area) in which the premises are situated, and

b

to the designated premises supervisor (if there is one),

and that notice must state whether the application is one to which section 38 applies.

F244A

Notice under subsection (4)(a) is to be given by—

a

the relevant licensing authority, in a case where the holder of the premises licence submitted the application to the relevant licensing authority by means of a relevant electronic facility;

b

the holder of the premises licence, in any other case.

4B

Notice under subsection (4)(b) is to be given by the holder of the premises licence.

5

Where a chief officer of police notified under subsection (4) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.

6

The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (4).

38Circumstances in which section 37 application given interim effect

1

This section applies where an application made in accordance with section 37, in respect of a premises licence which authorises the supply of alcohol, includes a request that the variation applied for should have immediate effect.

2

By virtue of this section, the premises licence has effect during the application period as if it were varied in the manner set out in the application.

3

For this purpose “the application period” means the period which—

a

begins when the application is received by the relevant licensing authority, and

b

ends—

i

if the application is granted, when the variation takes effect,

ii

if the application is rejected, at the time the rejection is notified to the applicant, or

iii

if the application is withdrawn before it is determined, at the time of the withdrawal.

I1139Determination of section 37 application

1

This section applies where an application is made, in accordance with section 37, to vary a premises licence so as to specify a new premises supervisor (“the proposed individual”).

2

Subject to subsection (3), the relevant licensing authority must grant the application.

3

Where a notice is given under section 37(5) (and not withdrawn), the authority must—

a

hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and

b

having regard to the notice, reject the application if it considers it F238appropriate for the promotion of the crime prevention objective to do so.

4

Where an application under section 37 is granted or rejected, the relevant licensing authority must give a notice to that effect to—

a

the applicant,

b

the proposed individual, and

c

the chief officer of police for the police area (or each police area) in which the premises are situated.

5

Where a chief officer of police gave a notice under subsection (5) of that section (and it was not withdrawn), the notice under subsection (4) of this section must state the authority’s reasons for granting or rejecting the application.

6

Where the application is granted, the notice under subsection (4) must specify the time when the variation takes effect.

That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.

40Duty of applicant following determination under section 39

1

Where the holder of a premises licence is notified under section 39(4), he must forthwith—

a

if his application has been granted, notify the person (if any) who has been replaced as the designated premises supervisor of the variation, and

b

if his application has been rejected, give the designated premises supervisor (if any) notice to that effect.

2

A person commits an offence if he fails, without reasonable excuse, to comply with subsection (1).

3

A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

41Request to be removed as designated premises supervisor

1

Where an individual wishes to cease being the designated premises supervisor in respect of a premises licence, he may give the relevant licensing authority a notice to that effect.

2

Subsection (1) is subject to regulations under section 54 (form etc. of notices etc.).

3

Where the individual is the holder of the premises licence, the notice under subsection (1) must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).

4

In any other case, the individual must no later than 48 hours after giving the notice under subsection (1) give the holder of the premises licence—

a

a copy of that notice, and

b

a notice directing the holder to send to the relevant licensing authority within 14 days of receiving the notice—

i

the premises licence (or the appropriate part of the licence), or

ii

if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).

5

A person commits an offence if he fails, without reasonable excuse, to comply with a direction given to him under subsection (4)(b).

6

A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

7

Where an individual—

a

gives the relevant licensing authority a notice in accordance with this section, and

b

satisfies the requirements of subsection (3) or (4),

he is to be treated for the purposes of this Act as if, from the relevant time, he were not the designated premises supervisor.

8

For this purpose “the relevant time” means—

a

the time the notice under subsection (1) is received by the relevant licensing authority, or

b

if later, the time specified in the notice.

F49Variation of licences: minor variations

Annotations:
Amendments (Textual)
F49

Ss. 41A-41C and cross-heading inserted (1.7.2009 for certain purposes and 29.7.2009 otherwise) by The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 (S.I. 2009/1772), art. 2

41AApplication for minor variation of premises licence

1

Subject to subsection (3), the holder of a premises licence may apply under this section (instead of under section 34) to the relevant licensing authority for variation of the licence.

2

Subsection (1) is subject to regulations under—

a

section 54 (form etc. of applications etc.);

b

section 55 (fees to accompany applications etc.).

3

An application may not be made under this section to vary a premises licence so as to—

a

extend the period for which it has effect,

b

vary substantially the premises to which it relates,

c

specify an individual as the premises supervisor,

d

add the supply of alcohol as an activity authorised by the licence,

e

authorise—

i

the supply of alcohol at any time between 11pm and 7am, or

ii

an increase in the amount of time on any day during which alcohol may be sold by retail or supplied, or

f

include the alternative licence condition referred to in section 41D(3).

4

The duty to make regulations imposed on the Secretary of State by subsection (5)(a) of section 17 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.

41BDetermination of application under section 41A

1

This section applies where the relevant licensing authority receives an application made under section 41A.

2

In determining the application the authority must—

a

consult such of the responsible authorities as it considers appropriate, and

b

take into account any relevant representations—

i

made by those authorities, or

ii

made by F255any other person and received by the authority within ten working days beginning on the initial day.

3

If the authority considers that—

a

the variation proposed in the application could not have an adverse effect on the promotion of any of the licensing objectives, or

b

if more than one variation is proposed, none of them, whether considered separately or together could have such an effect,

it must grant the application.

4

In any other case the authority must reject the application.

5

A determination under this section must be made within the period of fifteen working days beginning on the initial day.

6

If at the expiry of the period referred to in subsection (5) the authority has not determined the application—

a

the application is rejected, and

b

the authority must forthwith return the fee that accompanied the application.

7

But nothing in subsection (6) prevents the authority, with the agreement of the applicant, from treating—

a

an application rejected by virtue of that subsection (“the first application”) as a new application made under section 41A,

b

the prescribed fee that accompanied the first application as the prescribed fee accompanying a new application, or

c

both.

8

A new application of the kind referred to in subsection (7)(a) is to be treated as having been made on the date of the agreement referred to in that provision, or on such other date as is specified in the agreement.

9

Any fee owed to an applicant under subsection (6) may be recovered as a debt due to the applicant.

10

For the purposes of this section—

  • “initial day” in relation to an application means the first working day after the day on which the authority receives the application;

  • “relevant representations” in relation to an application means representations which are about the likely effect of the grant of the application on the promotion of the licensing objectives.

41CSupplementary provision about determinations under section 41B

1

Where an application is granted under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

2

The notice under subsection (1) must specify—

a

any variation of the premises licence which is to have effect as a result of the grant of the application, and

b

the time at which that variation takes effect.

3

The time referred to in subsection (2)(b) is the time specified in the application or, if that time is before the applicant is given the notice referred to in subsection (2), such later time as the authority specifies in the notice.

4

Where an application is rejected under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

5

The notice under subsection (4) must include a statement by the authority of the reasons for its decision.

41DF26Variation of premises licence: supply of alcohol from community premises

1

Where a management committee which holds a premises licence in respect of community premises makes an application under section 34 for variation of the licence so as to authorise the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

2

A management committee which holds a premises licence in respect of community premises which includes the conditions in section 19(2) and (3) may make an application under section 34 for (or which includes an application for) variation of the licence to include the alternative licence condition instead of those conditions.

3

In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

4

In a case where an application under section 34 includes an application under subsection (1), or is made pursuant to subsection (2), section 19 (as it applies by virtue of section 35(7)) and section 35 are modified as follows.

5

Section 19 has effect as if at the end there were inserted—

F255

But where—

a

the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and

b

if any representations are made pursuant to section 35(5)(aa), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be F269appropriate to promote the crime prevention objective,

the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 41D(3) instead.

6

Section 35 has effect as if—

a

after subsection (5)(a) there were inserted—

aa

if they relate to the inclusion of the alternative licence condition referred to in section 41D(3)—

i

were made by the chief officer of police for a police area in which the premises are situated, and

ii

include a statement that, due to the exceptional circumstances of the case, he is satisfied that including the alternative licence condition instead of the conditions in section 19(2) and (3) would undermine the crime prevention objective, and

F270b

subsection (6)(c) were omitted.

Transfer of premises licence

42Application for transfer of premises licence

1

Subject to this section, any person mentioned in section 16(1) (applicant for premises licence) may apply to the relevant licensing authority for the transfer of a premises licence to him.

2

Where the applicant is an individual he must be aged 18 or over.

F5242A

Where the applicant is an individual who is resident in the United Kingdom and the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d) he must also be entitled to work in the United Kingdom.

3

Subsection (1) is subject to regulations under—

a

section 54 (form etc. of applications etc.);

b

section 55 (fees to accompany applications etc.).

4

An application under this section must also be accompanied by the premises licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence.

5

The F27relevant person must give notice of the application to the chief officer of police for the police area (or each police area) in which the premises are situated.

F5255ZA

Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), the relevant person must also give notice of the application to the Secretary of State.

F285A

In F527subsections (5) and (5ZA), “relevant person” means—

a

the relevant licensing authority, in a case where the applicant submitted the application to the relevant licensing authority by means of a relevant electronic facility;

b

the applicant, in any other case.

6

Where a chief officer of police notified under subsection (5) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant licensing authority a notice stating the reasons why he is so satisfied.

7

The chief officer of police must give that notice within the period of 14 days beginning with the day on which he is notified of the application under subsection (5).

F5268

Where the Secretary of State is given notice under subsection (5ZA) and is satisfied that the exceptional circumstances of the case are such that granting the application would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must give the relevant licensing authority a notice stating the reasons for being so satisfied.

9

The Secretary of State must give that notice within the period of 14 days beginning with the day on which the Secretary of State is notified of the application under subsection (5ZA).

I1243Circumstances in which transfer application given interim effect

1

Where—

a

an application made in accordance with section 42 includes a request that the transfer have immediate effect, and

b

the requirements of this section are met,

then, by virtue of this section, the premises licence has effect during the application period as if the applicant were the holder of the licence.

2

For this purpose “the application period” means the period which—

a

begins when the application is received by the relevant licensing authority, and

b

ends—

i

when the licence is transferred following the grant of the application, or

ii

if the application is rejected, when the applicant is notified of the rejection, or

iii

when the application is withdrawn.

3

Subject to subsections (4) and (5), an application within subsection (1)(a) may be made only with the consent of the holder of the premises licence.

4

Where a person is the holder of the premises licence by virtue of an interim authority notice under section 47, such an application may also be made by that person.

5

The relevant licensing authority must exempt the applicant from the requirement to obtain the holder’s consent if the applicant shows to the authority’s satisfaction—

a

that he has taken all reasonable steps to obtain that consent, and

b

that, if the application were one to which subsection (1) applied, he would be in a position to use the premises during the application period for the licensable activity or activities authorised by the premises licence.

6

Where the relevant licensing authority refuses to exempt an applicant under subsection (5), it must notify the applicant of its reasons for that decision.

Annotations:
Commencement Information
I12

S. 43(1)(2)(5)(6) in force and s. 43(3) in force "apart from the reference to subsection (4)" at 7.8.2005 by S.I. 2005/2090, art. 2, Sch.; s. 43 otherwise in force in force at 24.11.2005 by S.I. 2005/3056, art. 2 (with Sch.)

44Determination of transfer application

1

This section applies where an application for the transfer of a licence is made in accordance with section 42.

2

Subject to subsections (3) and (5), the authority must transfer the licence in accordance with the application.

3

The authority must reject the application if none of the conditions in subsection (4) applies.

4

The conditions are—

a

that section 43(1) (applications given interim effect) applies to the application,

b

that the holder of the premises licence consents to the transfer,

c

that the applicant is exempted under subsection (6) from the requirement to obtain the holder’s consent to the transfer.

5

Where a notice is given under section 42(6) F532or (8) (and not withdrawn), and subsection (3) above does not apply, the authority must—

a

hold a hearing to consider it, unless the authority, the applicant and the F534person who gave the notice agree that a hearing is unnecessary, and

F533b

having regard to the notice—

i

where the notice is given under section 42(6), reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or

ii

where the notice is given under section 42(8), reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

6

The relevant licensing authority must exempt the applicant from the requirement to obtain the holder’s consent if the applicant shows to the authority’s satisfaction—

a

that he has taken all reasonable steps to obtain that consent, and

b

that, if the application were granted, he would be in a position to use the premises for the licensable activity or activities authorised by the premises licence.

7

Where the relevant licensing authority refuses to exempt an applicant under subsection (6), it must notify the applicant of its reasons for that decision.

45Notification of determination under section 44

1

Where an application under section 42 is granted or rejected, the relevant licensing authority must give a notice to that effect to—

a

the applicant, and

b

the chief officer of police for the police area (or each police area) in which the premises are situated.

2

Where a chief officer of police gave a notice under subsection (6) of that section F536or the Secretary of State gave a notice under subsection (8) of that sectionF537(which, in either case, was not withdrawn), the notice under subsection (1) of this section must state the licensing authority’s reasons for granting or rejecting the application.

F5352A

Where the Secretary of State gave a notice under subsection (8) of section 42 (which was not withdrawn), the notice under subsection (1) of this section must also be given to the Secretary of State.

3

Where the application is granted, the notice under subsection (1) must specify the time when the transfer takes effect.

That time is the time specified in the application or, if that time is before the applicant is given that notice, such later time as the relevant licensing authority specifies in the notice.

4

The relevant licensing authority must also give a copy of the notice given under subsection (1)—

a

where the application is granted—

i

to the holder of the licence immediately before the application was granted, or

ii

if the application was one to which section 43(1) applied, to the holder of the licence immediately before the application was made (if any),

b

where the application is rejected, to the holder of the premises licence (if any).

46Duty to notify designated premises supervisor of transfer

1

This section applies where—

a

an application is made in accordance with section 42 to transfer a premises licence in respect of which there is a designated premises supervisor, and

b

the applicant and that supervisor are not the same person.

2

Where section 43(1) applies in relation to the application, the applicant must forthwith notify the designated premises supervisor of the application.

3

If the application is granted, the applicant must forthwith notify the designated premises supervisor of the transfer.

4

A person commits an offence if he fails, without reasonable excuse, to comply with this section.

5

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Interim authority notices

I1347Interim authority notice following death etc. of licence holder

1

This section applies where—

a

a premises licence lapses under section 27 in a case within subsection (1)(a), (b) or (c) F464or (1A) of that section (death, incapacity or insolvency of the holder F465or change of immigration status), but

b

no application for transfer of the licence has been made by virtue of section 50 (reinstatement of licence on transfer following death etc.).

2

A person who—

a

has a prescribed interest in the premises concerned, or

b

is connected to the person who held the premises licence immediately before it lapsed (“the former holder”),

may, during the initial F2928 day period, give to the relevant licensing authority a notice (an “interim authority notice”) in respect of the licence.

3

Subsection (2) is subject to F463subsection (3A) and regulations under—

a

section 54 (form etc. of notices etc.);

b

section 55 (fees to accompany applications etc.).

F4613A

Where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), a person falling within subsection (2)(a) or (b) who is an individual who is resident in the United Kingdom may give an interim authority notice only if the person is entitled to work in the United Kingdom.

4

Only one interim authority notice may be given under subsection (2).

5

For the purposes of subsection (2) a person is connected to the former holder of the premises licence if, and only if—

a

the former holder has died and that person is his personal representative,

F30b

the former holder lacks capacity (within the meaning of the Mental Capacity Act 2005) to hold the licence and that person acts for him under an enduring power of attorney or lasting power of attorney registered under that Act,

c

the former holder has become insolvent and that person is his insolvency practitioner.

6

Where an interim authority notice is given in accordance with this section—

a

the premises licence is reinstated from the time the notice is received by the relevant licensing authority, and

b

the person who gave the notice is from that time the holder of the licence.

7

But the premises licence lapses again—

a

at the end of the initial F2928 day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the chief officer of police for the police area (or each police area) in which the premises are situated;

F462aa

where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), at the end of the initial 28 day period unless before that time the person who gave the interim authority notice has given a copy of the notice to the Secretary of State;

b

at the end of the interim authority period, unless before that time a relevant transfer application is made to the relevant licensing authority.

F317A

Where the interim authority notice was given to the relevant licensing authority by means of a relevant electronic facility—

a

F466paragraphs (a) and (aa) of subsection (7) do not apply, and

b

the relevant licensing authority must forthwith give a copy of the notice to the chief officer of police for the police area (or each police area) in which the premises are situatedF467and, where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), to the Secretary of State.

8

Nothing in this section prevents the person who gave the interim authority notice from making a relevant transfer application.

9

If—

a

a relevant transfer application is made during the interim authority period, and

b

that application is rejected or withdrawn,

the licence lapses again at the time of the rejection or withdrawal.

10

In this section—

  • “becomes insolvent” is to be construed in accordance with section 27;

  • F32“initial 28 day period”, in relation to a licence which lapses as mentioned in subsection (1), means the period of 28 days beginning with the day after the day the licence lapses;

  • “insolvency practitioner”, in relation to a person, means a person acting as an insolvency practitioner in relation to him (within the meaning of section 388 of the Insolvency Act 1986 (c. 45));

  • “interim authority period” means the period beginning with the day on which the interim authority notice is received by the relevant licensing authority and ending—

    1. a

      F33three months after that day, or

    2. b

      if earlier, when it is terminated by the person who gave the interim authority notice notifying the relevant licensing authority to that effect;

  • F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “relevant transfer application” in relation to the premises licence, is an application under section 42 which is given interim effect by virtue of section 43.

48Cancellation of interim authority notice following F511... objections

1

F506Subsection (2) applies where—

a

an interim authority notice by a person (“the relevant person”) is given in accordance with section 47,

b

the chief officer of police for the police area (or each police area) in which the premises are situated is given a copy of the interim authority notice before the end of the initial F3528 day period (within the meaning of that section), and

c

that chief officer (or any of those chief officers) is satisfied that the exceptional circumstances of the case are such that a failure to cancel the interim authority notice would undermine the crime prevention objective.

2

The chief officer of police must F36before the end of the second working day following the day on which he receives the copy of the interim authority notice give the relevant licensing authority a notice stating why he is so satisfied.

F5022A

Subsection (2B) applies where—

a

an interim authority notice by a person (“the relevant person”) is given in accordance with section 47,

b

the Secretary of State is given a copy of the interim authority notice before the end of the initial 28 day period (within the meaning of that section), and

c

the Secretary of State is satisfied that the exceptional circumstances of the case are such that a failure to cancel the interim authority notice would be prejudicial to the prevention of illegal working in licensed premises.

2B

The Secretary of State must before the end of the second working day following receipt of the copy of the interim authority notice give the relevant licensing authority a notice stating why the Secretary of State is so satisfied.

3

Where a notice is given F504under subsection (2) or (2B) (and not withdrawn), the authority must—

a

hold a hearing to consider it, unless the authority, the relevant person and the F507person who gave the notice agree that a hearing is unnecessary, and

F505b

having regard to the notice—

i

where the notice is given under subsection (2), cancel the interim authority notice if it considers it appropriate for the promotion of the crime prevention objective to do so, or

ii

where the notice is given under subsection (2B), cancel the interim authority notice if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

4

An interim authority notice is cancelled under subsection (3)(b) by the licensing authority giving the relevant person a notice stating that it is cancelled and the authority’s reasons for its decision.

5

The licensing authority must give a copy of a notice under subsection (4) to the chief officer of police for the police area (or each police area) in which the premises are situated.

F5035A

Where an interim authority notice is cancelled under subsection (3)(b)(ii), the licensing authority must also give a copy of the notice under subsection (4) to the Secretary of State.

6

The premises licence lapses if, and when, a notice is given under subsection (4).

This is subject to paragraph 7(5) of Schedule 5 (reinstatement of premises licence where appeal made against cancellation of interim authority notice).

7

The relevant licensing authority must not cancel an interim authority notice after a relevant transfer application (within the meaning of section 47) is made in respect of the premises licence.

49Supplementary provision about interim authority notices

1

On receipt of an interim authority notice, the relevant licensing authority must issue to the person who gave the notice a copy of the licence and a copy of the summary (in each case certified by the authority to be a true copy).

2

The copies issued under this section must be copies of the premises licence and summary in the form in which they existed immediately before the licence lapsed under section 27, except that they must specify the person who gave the interim authority notice as the person who is the holder.

3

This Act applies in relation to a copy issued under this section as it applies in relation to an original licence or summary.

4

Where a person becomes the holder of a premises licence by virtue of section 47, he must (unless he is the designated premises supervisor under the licence) forthwith notify the supervisor (if any) of the interim authority notice.

5

A person commits an offence if he fails, without reasonable excuse, to comply with subsection (4).

6

A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Transfer following death etc. of licence holder

50Reinstatement of licence on transfer following death etc. of holder

1

This section applies where—

a

a premises licence lapses by virtue of section 27 (death, incapacity or insolvency etc. of the holder), but no interim authority notice has effect, or

b

a premises licence lapses by virtue of section 28 (surrender).

2

For the purposes of subsection (1)(a) an interim authority notice ceases to have effect when it is cancelled under section 48 or withdrawn.

3

Notwithstanding the lapsing of the licence, a person mentioned in section 16(1) F538(and who would, where applicable, satisfy subsections (2) and (2A) of section 42) may apply under section 42 for the transfer of the licence to him provided that the application—

a

is made no later than F3728 days after the day the licence lapsed, and

b

is one to which section 43(1)(a) applies.

4

Where an application is made in accordance with subsection (3), section 43(1)(b) must be disregarded.

5

Where such an application is made, the premises licence is reinstated from the time the application is received by the relevant licensing authority.

6

But the licence lapses again if, and when—

a

the applicant is notified of the rejection of the application, or

b

the application is withdrawn.

7

Only one application for transfer of the premises licence may be made in reliance on this section.

Review of licences

I1451Application for review of premises licence

1

Where a premises licence has effect, F154a responsible authority or any other person may apply to the relevant licensing authority for a review of the licence.

2

Subsection (1) is subject to regulations under section 54 (form etc. of applications etc.).

3

The Secretary of State must by regulations under this section—

a

require the applicant to give a notice containing details of the application to the holder of the premises licence and each responsible authority within such period as may be prescribed;

b

require the authority to advertise the application and invite representations about it to be made to the authority by F155responsible authorities and other persons ;

c

prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any F156other person ;

d

require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.

4

The relevant licensing authority may, at any time, reject any ground for review specified in an application under this section if it is satisfied—

a

that the ground is not relevant to one or more of the licensing objectives, or

b

in the case of an application made by a person other than a responsible authority, that—

i

the ground is frivolous or vexatious, or

ii

the ground is a repetition.

5

For this purpose a ground for review is a repetition if—

a

it is identical or substantially similar to—

i

a ground for review specified in an earlier application for review made in respect of the same premises licence and determined under section 52, or

ii

representations considered by the relevant licensing authority in accordance with section 18, before it determined the application for the premises licence under that section, or

iii

representations which would have been so considered but for the fact that they were excluded representations by virtue of section 32, and

b

a reasonable interval has not elapsed since that earlier application for review or the grant of the licence (as the case may be).

6

Where the authority rejects a ground for review under subsection (4)(b), it must notify the applicant of its decision and, if the ground was rejected because it was frivolous or vexatious, the authority must notify him of its reasons for making that decision.

7

The application is to be treated as rejected to the extent that any of the grounds for review are rejected under subsection (4).

Accordingly the requirements imposed under subsection (3)(a) and (b) and by section 52 (so far as not already met) apply only to so much (if any) of the application as has not been rejected.

52Determination of application for review

1

This section applies where—

a

the relevant licensing authority receives an application made in accordance with section 51,

b

the applicant has complied with any requirement imposed on him under subsection (3)(a) or (d) of that section, and

c

the authority has complied with any requirement imposed on it under subsection (3)(b) or (d) of that section.

2

Before determining the application, the authority must hold a hearing to consider it and any relevant representations.

3

The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers F275appropriate for the promotion of the licensing objectives.

4

The steps are—

a

to modify the conditions of the licence;

b

to exclude a licensable activity from the scope of the licence;

c

to remove the designated premises supervisor;

d

to suspend the licence for a period not exceeding three months;

e

to revoke the licence;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

5

Subsection (3) is subject to sections F3819 to 21(requirement to include certain conditions in premises licences).

6

Where the authority takes a step mentioned in subsection (4)(a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.

7

In this section “relevant representations” means representations which—

a

are relevant to one or more of the licensing objectives, and

b

meet the requirements of subsection (8).

8

The requirements are—

a

that the representations are made—

i

by the holder of the premises licence, a responsible authority or F276any other person , and

ii

within the period prescribed under section 51(3)(c),

b

that they have not been withdrawn, and

c

if they are made by F277a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

9

Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

10

Where a licensing authority determines an application for review under this section it must notify the determination and its reasons for making it to—

a

the holder of the licence,

b

the applicant,

c

any person who made relevant representations, and

d

the chief officer of police for the police area (or each police area) in which the premises are situated.

11

A determination under this section does not have effect—

a

until the end of the period given for appealing against the decision, or

b

if the decision is appealed against, until the appeal is disposed of.

52AF40Review: supply of alcohol from community premises

1

In a case where an application is made under section 51 for review of a premises licence which—

a

is held by a management committee in respect of community premises, and

b

includes the alternative licence condition,

section 52 is modified as follows.

2

Subsection (4) has effect as if paragraph (c) were omitted.

3

Subsection (5) has effect as if for that subsection there were substituted—

5

Subsection (3) is subject—

a

to the requirement that the licence must include—

i

the conditions in section 19(2) and (3), or

i

the alternative licence condition referred to in section 52A(4)

(but not both), and

b

to sections F3919(4) and 19A to 21(requirement to include certain conditions in premises licences).

4

In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

53Supplementary provision about review

1

This section applies where a local authority is both—

a

the relevant licensing authority, and

b

a responsible authority,

in respect of any premises.

2

The authority may, in its capacity as a responsible authority, apply under section 51 for a review of any premises licence F574, or under section 172G for an off-sales review of any premises licence, in respect of the premises.

3

The authority may, in its capacity as licensing authority, determine that application.

F50Summary reviews in serious cases of crime or disorder

Annotations:
Amendments (Textual)
F50

Ss. 53A-53C and cross-heading inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 21, 66(2)(3); S.I. 2007/2180, art. 3(a)

53ASummary reviews on application of senior police officer

1

The chief officer of police of a police force for a police area may apply under this section to the relevant licensing authority for a review of the premises licence for any premises wholly or partly in that area if—

a

the premises are licensed premises in relation to the sale of alcohol by retail; and

b

a senior member of that force has given a certificate that it is his opinion that the premises are associated with serious crime or serious disorder or both;

and that certificate must accompany the application.

2

On receipt of such an application, the relevant licensing authority must—

a

within 48 hours of the time of its receipt, consider under section 53B whether it is necessary to take interim steps pending the determination of a review of the premises licence; and

b

within 28 days after the day of its receipt, review that licence in accordance with section 53C and reach a determination on that review.

3

The Secretary of State must by regulations—

a

require a relevant licensing authority to whom an application for a review under this section has been made to give notice of the review to the holder of the premises licence and to every responsible authority;

b

prescribe the period after the making of the application within which the notice under paragraph (a) must be given;

c

require a relevant licensing authority to advertise the review, inviting representations about it to be made to the authority by the responsible authorities and F157other persons ;

d

prescribe the period after the making of the application within which the advertisement must be published;

e

prescribe the period after the publication of the advertisement during which representations may be made by the holder of the premises licence, any responsible authority or any F158other person ; and

f

require a notice or advertisement under paragraph (a) or (c) to specify the period prescribed under paragraph (e).

4

In this section—

  • “senior member”, in relation to a police force, means a police officer who is a member of that force and of or above the rank of superintendent; and

  • “serious crime” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23) (see section 81(2) and (3) of that Act).

5

In computing the period of 48 hours mentioned in subsection (2)(a) time that is not on a working day is to be disregarded.

53BInterim steps pending review

1

This section applies to the consideration by a relevant licensing authority on an application under section 53A whether it is necessary to take interim steps pending the determination of the review applied for.

2

The consideration may take place without the holder of the premises licence having been given an opportunity to make representations to the relevant licensing authority.

3

The interim steps the relevant licensing authority must consider taking are—

a

the modification of the conditions of the premises licence;

b

the exclusion of the sale of alcohol by retail from the scope of the licence;

c

the removal of the designated premises supervisor from the licence;

d

the suspension of the licence.

4

For the purposes of subsection (3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

5

Where on its consideration of whether to take interim steps the relevant licensing authority does take one or more such steps—

a

its decision takes effect immediately or as soon after that as that authority directs; but

b

it must give immediate notice of its decision and of its reasons for making it to—

i

the holder of the premises licence; and

ii

the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

6

F443Subject to subsection (9A), If the holder of the premises licence makes, and does not withdraw, representations against any interim steps taken by the relevant licensing authority, the authority must, within 48 hours of the time of its receipt of the representations, hold a hearing to consider those representations.

7

The relevant licensing authority must give advance notice of the hearing to—

a

the holder of the premises licence;

b

the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

8

At the hearing, the relevant licensing authority must—

a

consider whether the interim steps are F300appropriate for the promotion of the licensing objectives; and

b

determine whether to withdraw or modify the steps taken.

9

In considering those matters the relevant licensing authority must have regard to—

a

the certificate that accompanied the application;

b

any representations made by the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated); and

c

any representations made by the holder of the premises licence.

F4449A

Where the relevant licensing authority has determined under subsection (8) whether to withdraw or modify the interim steps taken, the holder of the premises licence may only make further representations under subsection (6) if there has been a material change in circumstances since the authority made its determination.

10

In computing the period of 48 hours mentioned in subsection (6) time that is not on a working day is to be disregarded.

53CReview of premises licence following review notice

1

This section applies to a review of a premises licence which a relevant licensing authority has to conduct on an application under section 53A.

2

The relevant licensing authority must—

a

hold a hearing to consider the application for the review and any relevant representations; F445and

b

take such steps mentioned in subsection (3) (if any) as it considers F282appropriate for the promotion of the licensing objectives; F446...

F447c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Those steps are—

a

the modification of the conditions of the premises licence,

b

the exclusion of a licensable activity from the scope of the licence,

c

the removal of the designated premises supervisor from the licence,

d

the suspension of the licence for a period not exceeding three months, or

e

the revocation of the licence.

4

For the purposes of subsection (3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

5

Subsection (2)(b) is subject to sections F4119 to 21(requirement to include certain conditions in premises licences).

6

Where the authority takes a step within subsection (3)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

7

In this section “relevant representations” means representations which—

a

are relevant to one or more of the licensing objectives, and

b

meet the requirements of subsection (8).

8

The requirements are—

a

that the representations are made by the holder of the premises licence, a responsible authority or F283any other person within the period prescribed under subsection 53A(3)(e),

b

that they have not been withdrawn, and

c

if they are made by F284a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

9

Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

10

Where a relevant licensing authority determines a review under this section it must notify the determination and its reasons for making it to—

a

the holder of the premises licence,

b

any person who made relevant representations, and

c

the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

11

A decision under this section does not have effect until—

a

the end of the period given for appealing against the decision, or

b

if the decision is appealed against, the time the appeal is disposed of.

F44812

Section 53D makes provision about the application and review of any interim steps that have been taken under section 53B in relation to a premises licence before a decision under this section comes into effect in relation to the licence.

53DF449Interim steps pending section 53C decision coming into effect

1

At the hearing to consider an application for a review under section 53A, the relevant licensing authority must review any interim steps that have been taken by the relevant licensing authority under section 53B that have effect on the date of the hearing.

2

In conducting the review under this section, the relevant licensing authority must—

a

consider whether the interim steps are appropriate for the promotion of the licensing objectives;

b

consider any relevant representations; and

c

determine whether to withdraw or modify the interim steps taken.

3

The power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—

a

the modification of the conditions of the premises licence;

b

the exclusion of the sale of alcohol by retail from the scope of the licence;

c

the removal of the designated premises supervisor from the licence;

d

the suspension of the licence;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

4

Any interim steps taken under subsection (3) apply until—

a

the end of the period given for appealing against a decision made under section 53C,

b

if the decision under section 53C is appealed against, the time the appeal is disposed of, or

c

the end of a period determined by the relevant licensing authority (which may not be longer than the period of time for which such interim steps could apply under paragraph (a) or (b)).

5

Any interim steps taken under section 53B in relation to a premises licence cease to have effect when the decision made under section 53C comes into effect.

6

In subsection (2) “relevant representations” means representations which—

a

are relevant to one or more of the licensing objectives, and

b

meet the requirements of subsection (7).

7

The requirements are—

a

that the representations are made by the holder of the premises licence, a responsible authority or any other person within the period prescribed under subsection 53A(3)(e),

b

that they have not been withdrawn, and

c

if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

8

Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

9

A decision under this section may be appealed (see paragraph 8B of Part 1 of Schedule 5 (appeals: premises licences)).

General provision

54Form etc. of applications and notices under Part 3

In relation to any application or notice under this Part, regulations may prescribe—

a

its form;

b

the manner in which it is to be made or given;

c

information and documents that must accompany it.

55Fees

1

Regulations may—

a

require applications under any provision of this Part (other than section 51) or notices under section 47 to be accompanied by a fee, and

b

prescribe the amount of the fee.

F3401A

Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).

2

Regulations may also require the holder of a premises licence to pay the relevant licensing authority an annual fee.

3

Regulations under subsection (2) may include provision prescribing—

a

the amount of the fee, and

b

the time at which any such fee is due.

4

Any fee which is owed to a licensing authority under subsection (2) may be recovered as a debt due to the authority.

C1055AF278Suspension of premises licence for failing to pay annual fee

1

A licensing authority must suspend a premises licence if the holder of the licence has failed to pay the authority an annual fee that has become due under section 55(2).

2

Subsection (1) does not apply if—

a

either—

i

the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or

ii

before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and

b

the grace period for payment of the fee has not expired (see subsection (8)).

3

If a licensing authority suspends a premises licence under subsection (1), the authority must give the holder of the licence a notice to that effect, specifying the day the suspension takes effect.

4

A day specified in a notice under subsection (3) must be at least two working days after the day the authority gives the notice.

5

If the holder of the licence pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.

6

The acknowledgement of receipt under subsection (5) must—

a

specify the day the authority received the fee (the “receipt day”), and

b

be given to the holder as soon as is reasonably practicable but in any event—

i

if the receipt day was a working day, before the end of the first working day after the receipt day,

ii

otherwise, before the end of the second working day after the receipt day.

7

A suspension of a premises licence under subsection (1)—

a

takes effect on the day specified in the notice under subsection (3), and

b

ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).

8

In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.

Production of licence, rights of entry, etc.

56Licensing authority’s duty to update licence document

1

Where—

a

the relevant licensing authority, in relation to a premises licence, makes a determination or receives a notice under this Part,

b

a premises licence lapses under this Part, or

c

an appeal against a decision under this Part is disposed of,

the relevant licensing authority must make the appropriate amendments (if any) to the licence and, if necessary, issue a new summary of the licence.

2

Where a licensing authority is not in possession of the licence (or the appropriate part of the licence) it may, for the purposes of discharging its obligations under subsection (1), require the holder of a premises licence to produce the licence (or the appropriate part) to the authority within 14 days from the date on which he is notified of the requirement.

3

A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (2).

4

A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

57Duty to keep and produce licenceF42etc.

1

This section applies whenever premises in respect of which a premises licence has effect are being used for one or more licensable activities authorised by the licence.

2

The holder of the premises licence must secure that the licence or a certified copy of it F43and a list of any relevant mandatory conditions applicable to the licence are kept at the premises in the custody or under the control of—

a

the holder of the licence, or

b

a person who works at the premises and whom the holder of the licence has nominated in writing for the purposes of this subsection.

F5752A

If the premises are being used for the sale by retail of alcohol for consumption off the licensed premises in reliance on the authorisation granted by virtue of section 172F(2), the holder of the premises licence must secure that a statement that that is the case, which also makes clear what are the off-sales authorised by virtue of section 172F(2) (within the meaning given in section 172G(5)), is kept at the premises in the custody or under the control of—

a

the holder of the licence, or

b

the person nominated for the purposes of subsection (2).

2B

If the premises are being used for the sale by retail of alcohol for consumption off the licensed premises in reliance on one or more section 172F(5) conditions (within the meaning given in section 172G(6)), the holder of the premises licence must secure that a statement that that is the case, and of the section 172F(5) conditions relied on, is kept at the premises in the custody or under the control of—

a

the holder of the licence, or

b

the person nominated for the purposes of subsection (2).

3

The holder of the premises licence must secure that—

a

the summary of the licence or a certified copy of that summary F581and any section 172F statement, and

b

a notice specifying the position held at the premises by any person nominated for the purposes of subsection (2),

are prominently displayed at the premises.

4

The holder of a premises licence commits an offence if he fails, without reasonable excuse, to comply with F582subsection (2)F582any of subsections (2) to or (3).

5

A constable or an authorised person may require the person who, by virtue of arrangements made for the purposes of subsection (2), F577(2A) or (2B) is required to have the premises licence (or a certified copy of it F44or a list of relevant mandatory conditionsF578or a section 172F statement) in his custody or under his control to produce the licence (or such a copy F45or the listF579or statement) for examination.

6

An authorised person exercising the power conferred by subsection (5) must, if so requested, produce evidence of his authority to exercise the power.

7

A person commits an offence if he fails, without reasonable excuse, to produce a premises licence or certified copy of a premises licence F46or a list of relevant mandatory conditionsF580or section 172F statement in accordance with a requirement under subsection (5).

8

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

9

In subsection (3) the reference to the summary of the licence is a reference to the summary issued under section 23 or, where one or more summaries have subsequently been issued under section 56, the most recent summary to have been so issued.

10

Section 58 makes provision about certified copies of documents for the purposes of this section.

F4711

In this section “relevant mandatory conditions”, in relation to a premises licence, means conditions applicable to the licence by virtue of section 19(4) or 19A.

F57612

In this section “section 172F statement”, in relation to licensed premises, means a statement that is required to be kept at the premises by virtue of subsection (2A) or (2B).

I1558Provision supplementary to section 57

1

Any reference in section 57 to a certified copy of any document is a reference to a copy of that document which is certified to be a true copy by—

a

the relevant licensing authority,

b

a solicitor or notary, or

c

a person of a prescribed description.

2

Any certified copy produced in accordance with a requirement under section 57(5) must be a copy of the document in the form in which it exists at the time.

3

A document which purports to be a certified copy of a document is to be taken to be such a copy, and to comply with the requirements of subsection (2), unless the contrary is shown.

F484

In this section “notary” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).

I1659Inspection of premises before grant of licence etc.

1

In this section “relevant application” means an application under—

a

section 17 (grant of licence),

b

section 29 (provisional statement),

c

section 34 (variation of licence), or

d

section 51 (review of licence).

2

A constable or an authorised person may, at any reasonable time before the determination of a relevant application, enter the premises to which the application relates to assess—

a

in a case within subsection (1)(a), (b) or (c), the likely effect of the grant of the application on the promotion of the licensing objectives, and

b

in a case within subsection (1)(d), the effect of the activities authorised by the premises licence on the promotion of those objectives.

3

An authorised person exercising the power conferred by this section must, if so requested, produce evidence of his authority to exercise the power.

4

A constable or an authorised person exercising the power conferred by this section in relation to an application within subsection (1)(d) may, if necessary, use reasonable force.

5

A person commits an offence if he intentionally obstructs an authorised person exercising a power conferred by this section.

6

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Annotations:
Commencement Information
I16

S. 59(1)(a)(b)(2)(a)(3)-(6) in force and s. 59(1)(c) in force for certain purposes at 7.2.2005 and at 24.11.2005 otherwise by S.I. 2004/2360, art. 2 (Sch.); S.I. 2005/3056, art. 2, (with Sch.)

Part 4Clubs

Introductory

60Club premises certificate

1

In this Act “club premises certificate” means a certificate granted under this Part—

a

in respect of premises occupied by, and habitually used for the purposes of, a club,

b

by the relevant licensing authority, and

c

certifying the matters specified in subsection (2).

2

Those matters are—

a

that the premises may be used by the club for one or more qualifying club activities specified in the certificate, and

b

that the club is a qualifying club in relation to each of those activities (see section 61).

Qualifying clubs

61Qualifying clubs

1

This section applies for determining for the purposes of this Part whether a club is a qualifying club in relation to a qualifying club activity.

2

A club is a qualifying club in relation to the supply of alcohol to members or guests if it satisfies both—

a

the general conditions in section 62, and

b

the additional conditions in section 64.

3

A club is a qualifying club in relation to the provision of regulated entertainment if it satisfies the general conditions in section 62.

62The general conditions

1

The general conditions which a club must satisfy if it is to be a qualifying club in relation to a qualifying club activity are the following.

2

Condition 1 is that under the rules of the club persons may not—

a

be admitted to membership, or

b

be admitted, as candidates for membership, to any of the privileges of membership,

without an interval of at least two days between their nomination or application for membership and their admission.

3

Condition 2 is that under the rules of the club persons becoming members without prior nomination or application may not be admitted to the privileges of membership without an interval of at least two days between their becoming members and their admission.

4

Condition 3 is that the club is established and conducted in good faith as a club (see section 63).

5

Condition 4 is that the club has at least 25 members.

6

Condition 5 is that alcohol is not supplied, or intended to be supplied, to members on the premises otherwise than by or on behalf of the club.

63Determining whether a club is established and conducted in good faith

1

In determining for the purposes of condition 3 in subsection (4) of section 62 whether a club is established and conducted in good faith as a club, the matters to be taken into account are those specified in subsection (2).

2

Those matters are—

a

any arrangements restricting the club’s freedom of purchase of alcohol;

b

any provision in the rules, or arrangements, under which—

i

money or property of the club, or

ii

any gain arising from the carrying on of the club,

is or may be applied otherwise than for the benefit of the club as a whole or for charitable, benevolent or political purposes;

c

the arrangements for giving members information about the finances of the club;

d

the books of account and other records kept to ensure the accuracy of that information;

e

the nature of the premises occupied by the club.

3

If a licensing authority decides for any purpose of this Act that a club does not satisfy condition 3 in subsection (4) of section 62, the authority must give the club notice of the decision and of the reasons for it.

64The additional conditions for the supply of alcohol

1

The additional conditions which a club must satisfy if it is to be a qualifying club in relation to the supply of alcohol to members or guests are the following.

2

Additional condition 1 is that (so far as not managed by the club in general meeting or otherwise by the general body of members) the purchase of alcohol for the club, and the supply of alcohol by the club, are managed by a committee whose members—

a

are members of the club;

b

have attained the age of 18 years; and

c

are elected by the members of the club.

This subsection is subject to section 65 (which makes special provision for F358registered societies, friendly societies etc.).

3

Additional condition 2 is that no arrangements are, or are intended to be, made for any person to receive at the expense of the club any commission, percentage or similar payment on, or with reference to, purchases of alcohol by the club.

4

Additional condition 3 is that no arrangements are, or are intended to be, made for any person directly or indirectly to derive any pecuniary benefit from the supply of alcohol by or on behalf of the club to members or guests, apart from—

a

any benefit accruing to the club as a whole, or

b

any benefit which a person derives indirectly by reason of the supply giving rise or contributing to a general gain from the carrying on of the club.

65F357Registered societies, friendly societies etc.

1

Subsection (2) applies in relation to any club which is—

F359a

a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014,

b

a registered society, within the meaning of the Friendly Societies Act 1974 (c. 46) (see section 111(1) of that Act), or

c

a registered friendly society, within the meaning of the Friendly Societies Act 1992 (c. 40) (see section 116 of that Act).

2

Any such club is to be taken for the purposes of this Act to satisfy additional condition 1 in subsection (2) of section 64 if and to the extent that—

a

the purchase of alcohol for the club, and

b

the supply of alcohol by the club,

are under the control of the members or of a committee appointed by the members.

3

References in this Act, other than this section, to—

a

subsection (2) of section 64, or

b

additional condition 1 in that subsection,

are references to it as read with subsection (1) of this section.

4

Subject to subsection (5), this Act applies in relation to an incorporated friendly society as it applies in relation to a club, and accordingly—

a

the premises of the society are to be treated as the premises of a club,

b

the members of the society are to be treated as the members of the club, and

c

anything done by or on behalf of the society is to be treated as done by or on behalf of the club.

5

In determining for the purposes of section 61 whether an incorporated friendly society is a qualifying club in relation to a qualifying club activity, the society is to be taken to satisfy the following conditions—

a

condition 3 in subsection (4) of section 62,

b

condition 5 in subsection (6) of that section,

c

the additional conditions in section 64.

6

In this section “incorporated friendly society” has the same meaning as in the Friendly Societies Act 1992 (see section 116 of that Act).

66Miners' welfare institutes

1

Subject to subsection (2), this Act applies to a relevant miners' welfare institute as it applies to a club, and accordingly—

a

the premises of the institute are to be treated as the premises of a club,

b

the persons enrolled as members of the institute are to be treated as the members of the club, and

c

anything done by or on behalf of the trustees or managers in carrying on the institute is to be treated as done by or on behalf of the club.

2

In determining for the purposes of section 61 whether a relevant miners' welfare institute is a qualifying club in relation to a qualifying club activity, the institute is to be taken to satisfy the following conditions—

a

condition 3 in subsection (4) of section 62,

b

condition 4 in subsection (5) of that section,

c

condition 5 in subsection (6) of that section,

d

the additional conditions in section 64.

3

For the purposes of this section—

a

“miners' welfare institute” means an association organised for the social well-being and recreation of persons employed in or about coal mines (or of such persons in particular), and

b

a miners' welfare institute is “relevant” if it satisfies one of the following conditions.

4

The first condition is that—

a

the institute is managed by a committee or board, and

b

at least two thirds of the committee or board consists—

i

partly of persons appointed or nominated, or appointed or elected from among persons nominated, by one or more licensed operators within the meaning of the Coal Industry Act 1994 (c. 21), and

ii

partly of persons appointed or nominated, or appointed or elected from among persons nominated, by one or more organisations representing persons employed in or about coal mines.

5

The second condition is that—

a

the institute is managed by a committee or board, but

b

the making of—

i

an appointment or nomination falling within subsection (4)(b)(i), or

ii

an appointment or nomination falling within subsection (4)(b)(ii),

is not practicable or would not be appropriate, and

c

at least two thirds of the committee or board consists—

i

partly of persons employed, or formerly employed, in or about coal mines, and

ii

partly of persons appointed by the Coal Industry Social Welfare Organisation or a body or person to which the functions of that Organisation have been transferred under section 12(3) of the Miners' Welfare Act 1952 (c. 23).

6

The third condition is that the premises of the institute are held on trusts to which section 2 of the Recreational Charities Act 1958 (c. 17) applies.

Interpretation

67Associate members and their guests

1

Any reference in this Act (other than this section) to a guest of a member of a club includes a reference to—

a

an associate member of the club, and

b

a guest of an associate member of the club.

2

For the purposes of this Act a person is an “associate member” of a club if—

a

in accordance with the rules of the club, he is admitted to its premises as being a member of another club, and

b

that other club is a recognised club (see section 193).

68The relevant licensing authority

1

For the purposes of this Part the “relevant licensing authority” in relation to any premises is determined in accordance with this section.

2

Subject to subsection (3), the relevant licensing authority is the authority in whose area the premises are situated.

3

Where the premises are situated in the areas of two or more licensing authorities, the relevant licensing authority is—

a

the licensing authority in whose area the greater or greatest part of the premises is situated, or

b

if there is no authority to which paragraph (a) applies, such one of those authorities as is nominated in accordance with subsection (4).

4

In a case within subsection (3)(b), an applicant for a club premises certificate must nominate one of the licensing authorities as the relevant licensing authority in relation to the application and any certificate granted as a result of it.

I1769Authorised personsF239... and responsible authorities

1

In this Part in relation to any premises each of the following expressions has the meaning given to it by this section—

  • “authorised person”,

  • F243...

  • “responsible authority”.

2

“Authorised person” means any of the following—

a

an officer of a licensing authority in whose area the premises are situated who is authorised by that authority for the purposes of this Act,

F51b

an inspector appointed by the fire and rescue authority for the area in which the premises are situated.

c

an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37),

d

an officer of a local authority, in whose area the premises are situated, who is authorised by that authority for the purposes of exercising one or more of its statutory functions in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

e

in relation to a vessel, an inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 (c. 21),

f

a person prescribed for the purposes of this subsection.

F2423

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

“Responsible authority” means any of the following—

F240za

the relevant licensing authority and any other licensing authority in whose area part of the premises is situated,

a

the chief officer of police for any police area in which the premises are situated,

b

the F52fire and rescue authority for any area in which the premises are situated,

F241ba

the F351... Local Health Board for any area in which the premises are situated,

F350bb

the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated,

c

the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 (c. 37) for any area in which the premises are situated,

d

the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the premises are situated,

e

the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

f

a body which—

i

represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and

ii

is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters,

F244g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

in relation to a vessel—

i

a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57)) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is, or is proposed to be, navigated at a time when it is used for qualifying club activities,

ii

the Environment Agency,

iii

F310Canal & River Trust, or

iv

the Secretary of State,

i

a person prescribed for the purposes of this subsection.

5

For the purposes of this section, “statutory function” means a function conferred by or under any enactment.

70Other definitions relating to clubs

In this Part—

  • “secretary”, in relation to a club, includes any person (whether or not an officer of the club) performing the duties of a secretary;

  • “supply of alcohol to members or guests” means, in the case of any club,—

    1. a

      the supply of alcohol by or on behalf of the club to, or to the order of, a member of the club, or

    2. b

      the sale by retail of alcohol by or on behalf of the club to a guest of a member of the club for consumption on the premises where the sale takes place,

    and related expressions are to be construed accordingly.

Grant of club premises certificate

I1871Application for club premises certificate

1

A club may apply for a club premises certificate in respect of any premises which are occupied by, and habitually used for the purposes of, the club.

2

Any application for a club premises certificate must be made to the relevant licensing authority.

3

Subsection (2) is subject to regulations under—

a

section 91 (form etc. of applications and notices under this Part);

b

section 92 (fees to accompany applications and notices).

4

An application under this section must also be accompanied by—

a

a club operating schedule,

b

a plan of the premises to which the application relates, in the prescribed form, and

c

a copy of the rules of the club.

5

A “club operating schedule” is a document which is in the prescribed form, and includes a statement of the following matters—

a

the qualifying club activities to which the application relates (“the relevant qualifying club activities”),

b

the times during which it is proposed that the relevant qualifying club activities are to take place,

c

any other times during which it is proposed that the premises are to be open to members and their guests,

d

where the relevant qualifying club activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or both on and off the premises,

e

the steps which it is proposed to take to promote the licensing objectives, and

f

such other matters as may be prescribed.

6

The Secretary of State must by regulations—

a

require an applicant to advertise the application within the prescribed period—

i

in the prescribed form, and

ii

in a manner which is prescribed and is likely to bring the application to the attention of the F288persons who live, or are involved in a business, in the relevant licensing authority's area and who are likely to be affected by it;

F164aa

require the relevant licensing authority to advertise the application within the prescribed period—

i

in the prescribed form, and

ii

in a manner which is prescribed and is likely to bring the application to the attention of the persons who are likely to be affected by it; and”, and

b

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

prescribe the period during which F289responsible authorities and other persons may make representations to the relevant licensing authority about the application.

F547

The Secretary of State may by regulations—

a

require an applicant to give notice of his application to each responsible authority, and such other persons as may be prescribed, within the prescribed period, and

b

in a case where the application is made by means of a relevant electronic facility, require the relevant licensing authority to give notice of the application to such persons as may be prescribed, within the prescribed period.

72Determination of application for club premises certificate

1

This section applies where the relevant licensing authority—

a

receives an application for a club premises certificate made in accordance with section 71, and

b

is satisfied that the applicant has complied with any requirement imposed on the applicant under subsection (6) of that section.

2

Subject to subsection (3), the authority must grant the certificate in accordance with the application subject only to—

a

such conditions as are consistent with the club operating schedule accompanying the application, and

b

any conditions which must under section 73(2) to (5) F55, 73A or 74 be included in the certificate.

3

Where relevant representations are made, the authority must—

a

hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

b

having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers F265appropriate for the promotion of the licensing objectives.

4

The steps are—

a

to grant the certificate subject to—

i

the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers F266appropriate for the promotion of the licensing objectives, and

ii

any conditions which must under section 73(2) to (5) F55, 73A or 74 be included in the certificate;

b

to exclude from the scope of the certificate any of the qualifying club activities to which the application relates;

c

to reject the application.

5

Subsections (2) and (3)(b) are subject to section 73(1) (certificate may authorise off-supplies only if it authorises on-supplies).

6

For the purposes of subsection (4)(a)(4)(a) the conditions mentioned in subsection (2)(a) are modified if any of them is altered or omitted or any new condition is added.

7

For the purposes of this section, “relevant representations” means representations which—

a

are about the likely effect of the grant of the certificate on the promotion of the licensing objectives, and

b

meet the requirements of subsection (8).

8

The requirements are—

a

that the representations were made by F267a responsible authority or other person within the period prescribed under section 71(6)(c),

b

that they have not been withdrawn, and

c

in the case of representations made by F268a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

9

Where the authority determines for the purposes of subsection (8)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.

10

In discharging its duty under subsection (2) or (3)(b) a licensing authority may grant a club premises certificate subject to different conditions in respect of—

a

different parts of the premises concerned;

b

different qualifying club activities.

73Certificate authorising supply of alcohol for consumption off the premises

1

A club premises certificate may not authorise the supply of alcohol for consumption off the premises unless it also authorises the supply of alcohol to a member of the club for consumption on those premises.

2

A club premises certificate which authorises the supply of alcohol for consumption off the premises must include the following conditions.

3

The first condition is that the supply must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.

4

The second condition is that any alcohol supplied for consumption off the premises must be in a sealed container.

5

The third condition is that any supply of alcohol for consumption off the premises must be made to a member of the club in person.

73AF57Mandatory conditions relating to the supply of alcohol to members or guests

Where a club premises certificate authorises the supply of alcohol to members or guests, the certificate must include any conditions specified in an order under section 73B and applicable to the certificate.

73BF58Power of Secretary of State to impose section 73A mandatory conditions

1

The Secretary of State may by order specify conditions relating to the supply of alcohol to members or guests and applicable to all relevant club premises certificates or relevant club premises certificates of a particular description if the Secretary of State considers it appropriate to do so for the promotion of the licensing objectives.

2

The number of conditions in force by virtue of subsection (1) in relation to all relevant club premises certificates and the number of conditions in force by virtue of that subsection in relation to relevant club premises certificates of particular descriptions must not (when added together) exceed at any time nine.

3

An order under subsection (1) may—

a

relate to existing or future relevant club premises certificates,

b

specify conditions which involve, or consist of, the exercise of a discretion by any person.

4

Any conditions specified by an order under subsection (1) in relation to existing relevant club premises certificates are to be treated as—

a

included in those certificates from the coming into force of the order, and

b

overriding any conditions already included in those certificates (“the existing conditions”) so far as they are—

i

identical to the existing conditions, or

ii

inconsistent with, and more onerous than, the existing conditions.

5

Any conditions included, or treated as included, in relevant club premises certificates by virtue of section 73A and this section cease to have effect so far as they cease to be specified under this section in relation to those certificates.

6

Any conditions treated as mentioned in subsection (4)(b) cease to be so treated so far as they cease to be specified under this section in relation to the relevant club premises certificates concerned.

7

So far as conditions cease to be treated as mentioned in subsection (4)(b), the existing conditions revive.

8

Subsections (5) to (7) are subject to any alternative transitional or saving provision made by the order revoking the specification.

9

In this section—

  • “existing relevant club premises certificate”, in relation to an order, means a relevant club premises certificate granted before the coming into force of the order and in effect, or capable of having effect, on its coming into force,

  • “future relevant club premises certificate”, in relation to an order, means a relevant club premises certificate granted on or after the coming into force of the order,

  • “relevant club premises certificate” means a club premises certificate authorising the supply of alcohol to members or guests.

74Mandatory condition: exhibition of films

1

Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

2

Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

3

Where—

a

the film classification body is not specified in the certificate, or

b

the relevant licensing authority has notified the club which holds the certificate that this subsection applies to the film in question,

admission of children must be restricted in accordance with any recommendation made by that licensing authority.

4

In this section—

  • “children” means persons aged under 18; and

  • “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).

75Prohibited conditions: associate members and their guests

1

Where the rules of a club provide for the sale by retail of alcohol on any premises by or on behalf of the club to, or to a guest of, an associate member of the club, no condition may be attached to a club premises certificate in respect of the sale by retail of alcohol on those premises by or on behalf of the club so as to prevent the sale by retail of alcohol to any such associate member or guest.

2

Where the rules of a club provide for the provision of any regulated entertainment on any premises by or on behalf of the club to, or to a guest of, an associate member of the club, no condition may be attached to a club premises certificate in respect of the provision of any such regulated entertainment on those premises by or on behalf of the club so as to prevent its provision to any such associate member or guest.

76Prohibited conditions: plays

1

In relation to a club premises certificate which authorises the performance of plays, no condition may be attached to the certificate as to the nature of the plays which may be performed, or the manner of performing plays, under the certificate.

2

But subsection (1) does not prevent a licensing authority imposing, in accordance with section 72(2) or (3)(b), 85(3)(b) or 88(3), any condition which it considers F301appropriate on the grounds of public safety.

77Grant or rejection of application for club premises certificate

1

Where an application is granted under section 72, the relevant licensing authority must forthwith—

a

give a notice to that effect to—

i

the applicant,

ii

any person who made relevant representations in respect of the application, and

iii

the chief officer of police for the police area (or each police area) in which the premises are situated, and

b

issue the club with the club premises certificate and a summary of it.

2

Where relevant representations were made in respect of the application, the notice under subsection (1)(a) must specify the authority’s reasons for its decision as to the steps (if any) to take under section 72(3)(b).

3

Where an application is rejected under section 72, the relevant licensing authority must forthwith give a notice to that effect, stating its reasons for that decision, to—

a

the applicant,

b

any person who made relevant representations in respect of the application, and

c

the chief officer of police for the police area (or each police area) in which the premises are situated.

4

In this section “relevant representations” has the meaning given in section 72(6).

78Form of certificate and summary

1

A club premises certificate and the summary of such a certificate must be in the prescribed form.

2

Regulations under subsection (1) must, in particular, provide for the certificate to—

a

specify the name of the club and the address which is to be its relevant registered address, as defined in section 184(7);

b

specify the address of the premises to which the certificate relates;

c

include a plan of those premises;

d

specify the qualifying club activities for which the premises may be used;

e

specify the conditions subject to which the certificate F56is issued

79Theft, loss, etc. of certificate or summary

1

Where a club premises certificate or summary is lost, stolen, damaged or destroyed, the club may apply to the relevant licensing authority for a copy of the certificate or summary.

2

Subsection (1) is subject to regulations under section 92(1) (power to prescribe fee to accompany application).

3

Where an application is made in accordance with this section, the relevant licensing authority must issue the club with a copy of the certificate or summary (certified by the authority to be a true copy) if it is satisfied that—

a

the certificate or summary has been lost, stolen, damaged or destroyed, F424...

F424b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The copy issued under this section must be a copy of the club premises certificate or summary in the form in which it existed immediately before it was lost, stolen, damaged or destroyed.

5

This Act applies in relation to a copy issued under this section as it applies in relation to an original club premises certificate or summary.

Duration of certificate

80Period of validity of club premises certificate

1

A club premises certificate has effect until such time as—

a

it is withdrawn under section 88 or 90, or

b

it lapses by virtue of section 81(3) (surrender).

2

But a club premises certificate does not have effect during any period when it is suspended under section 88 F302or 92A.

81Surrender of club premises certificate

1

Where a club which holds a club premises certificate decides to surrender it, the club may give the relevant licensing authority a notice to that effect.

2

The notice must be accompanied by the club premises certificate or, if that is not practicable, by a statement of the reasons for the failure to produce the certificate.

3

Where a notice is given in accordance with this section, the certificate lapses on receipt of the notice by the authority.

Duty to notify certain changes

82Notification of change of name or alteration of rules of club

1

Where a club—

a

holds a club premises certificate, or

b

has made an application for a club premises certificate which has not been determined by the relevant licensing authority,

the secretary of the club must give the relevant licensing authority notice of any change in the name, or alteration made to the rules, of the club.

2

Subsection (1) is subject to regulations under section 92(1) (power to prescribe fee to accompany application).

3

A notice under subsection (1) by a club which holds a club premises certificate must be accompanied by the certificate or, if that is not practicable, by a statement of the reasons for the failure to produce the certificate.

4

An authority notified under this section of a change in the name, or alteration to the rules, of a club must amend the club premises certificate accordingly.

5

But nothing in subsection (4) requires or authorises the making of any amendment to a club premises certificate so as to change the premises to which the certificate relates (and no amendment made under that subsection to a club premises certificate has effect so as to change those premises).

6

If a notice required by this section is not given within the 28 days following the day on which the change of name or alteration to the rules is made, the secretary of the club commits an offence.

7

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

83Change of relevant registered address of club

1

A club which holds a club premises certificate may give the relevant licensing authority notice of any change desired to be made in the address which is to be the club’s relevant registered address.

2

If a club which holds a club premises certificate ceases to have any authority to make use of the address which is its relevant registered address, it must as soon as reasonably practicable give to the relevant licensing authority notice of the change to be made in the address which is to be the club’s relevant registered address.

3

Subsections (1) and (2) are subject to regulations under section 92(1) (power to prescribe fee to accompany application).

4

A notice under subsection (1) or (2) must also be accompanied by the club premises certificate or, if that is not practicable, by a statement of the reasons for the failure to produce the certificate.

5

An authority notified under subsection (1) or (2) of a change to be made in the relevant registered address of a club must amend the club premises certificate accordingly.

6

If a club fails, without reasonable excuse, to comply with subsection (2) the secretary commits an offence.

7

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

8

In this section “relevant registered address” has the meaning given in section 184(7).

Variation of certificates

I1984Application to vary club premises certificate

1

A club which holds a club premises certificate may apply to the relevant licensing authority for variation of the certificate.

2

Subsection (1) is subject to regulations under—

a

section 91 (form etc. of applications);

b

section 92 (fees to accompany applications).

3

An application under this section must also be accompanied by the club premises certificate or, if that is not practicable, by a statement of the reasons for the failure to provide the certificate.

F594

The functions of the Secretary of State under subsections (6) and (7) of section 71 (advertisements etc. of application) apply in relation to applications under this section as they apply in relation to applications under that section.

I2085Determination of application under section 84

1

This section applies where the relevant licensing authority—

a

receives an application, made in accordance with section 84, to vary a club premises certificate, and

b

is satisfied that the applicant has complied with any requirement imposed by virtue of subsection (4) of that section.

2

Subject to subsection (3) and section 86(6), the authority must grant the application.

3

Where relevant representations are made, the authority must—

a

hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

b

having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers F295appropriate for the promotion of the licensing objectives.

4

The steps are—

a

to modify the conditions of the certificate;

b

to reject the whole or part of the application;

and for this purpose the conditions of the certificate are modified if any of them is altered or omitted or any new condition is added.

5

In this section “relevant representations” means representations which—

a

are about the likely effect of the grant of the application on the promotion of the licensing objectives, and

b

meet the requirements of subsection (6).

6

The requirements are—

a

that the representations are made by F296a responsible authority or other person within the period prescribed under section 71(6)(c) by virtue of section 84(4),

b

that they have not been withdrawn, and

c

in the case of representations made by F297a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

7

Subsections (2) and (3) are subject to sections 73 F60to 74 (mandatory conditions relating to F61alcohol and to exhibition of films).

I2186Supplementary provision about applications under section 84

1

Where an application (or any part of an application) is granted under section 85, the relevant licensing authority must forthwith give a notice to that effect to—

a

the applicant,

b

any person who made relevant representations in respect of the application, and

c

the chief officer of police for the police area (or each police area) in which the premises are situated.

2

Where relevant representations were made in respect of the application, the notice under subsection (1) must specify the authority’s reasons for its decision as to the steps (if any) to take under section 85(3)(b).

3

The notice under subsection (1) must specify the time when the variation in question takes effect.

That time is the time specified in the application or, if that time is before the applicant is given the notice, such later time as the relevant licensing authority specifies in the notice.

4

Where an application (or any part of an application) is rejected under section 85, the relevant licensing authority must forthwith give a notice to that effect stating its reasons for rejecting the application to—

a

the applicant,

b

any person who made relevant representations, and

c

the chief officer of police for the police area (or each police area) in which the premises are situated.

5

Where the relevant licensing authority determines for the purposes of section 85(6)(c) that any representations are frivolous or vexatious, it must give the person who made them its reasons for that determination.

6

A club premises certificate may not be varied under section 85 so as to vary substantially the premises to which it relates.

7

In discharging its duty under subsection (2) or (3)(b) of that section, a licensing authority may vary a club premises certificate so that it has effect subject to different conditions in respect of—

a

different parts of the premises concerned;

b

different qualifying club activities.

8

In this section “relevant representations” has the meaning given in section 85(5).

F70Variation of certificates: minor variations

Annotations:
Amendments (Textual)
F70

Ss. 86A-86C and cross-heading inserted (1.7.2009 for certain purposes and 29.7.2009 otherwise) by The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 (S.I. 2009/1772), arts. 1, 3

86AApplication for minor variation of club premises certificate

1

Subject to subsection (3), a club which holds a club premises certificate may apply under this section (instead of under section 84) to the relevant licensing authority for variation of the certificate.

2

Subsection (1) is subject to regulations under—

a

section 91 (form etc. of applications etc.);

b

section 92 (fees to accompany applications etc.).

3

An application may not be made under this section to vary a club premises certificate so as to—

a

vary substantially the premises to which it relates,

b

add the supply of alcohol to members or guests as an activity authorised by the certificate, or

c

authorise—

i

the supply of alcohol to members or guests at any time between 11pm and 7am, or

ii

an increase in the amount of time on any day during which alcohol may be supplied to members or guests.

4

The duty to make regulations imposed on the Secretary of State by subsection (6)(a) of section 71 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.

86BDetermination of application under section 86A

1

This section applies where the relevant licensing authority receives an application made under section 86A.

2

In determining the application the authority must—

a

consult such of the responsible authorities as it considers appropriate, and

b

take into account any relevant representations—

i

made by those authorities, or

ii

made by F303any other person and received by the authority within ten working days beginning on the initial day.

3

If the authority considers that—

a

the variation proposed in the application could not have an adverse effect on the promotion of any of the licensing objectives, or

b

if more than one variation is proposed, none of them, whether considered separately or together could have such an effect,

it must grant the application.

4

In any other case the authority must reject the application.

5

A determination under this section must be made within the period of fifteen working days beginning on the initial day.

6

If at the expiry of the period referred to in subsection (5) the authority has not determined the application—

a

the application is rejected, and

b

the authority must forthwith return the fee that accompanied the application.

7

But nothing in subsection (6) prevents the authority, with the agreement of the applicant, from treating—

a

an application rejected by virtue of that subsection (“the first application”) as a new application made under section 86A,

b

the prescribed fee that accompanied the first application as the prescribed fee accompanying a new application, or

c

both.

8

A new application of the kind referred to in subsection (7)(a) is to be treated as having been made on the date of the agreement referred to in that provision, or on such other date as is specified in the agreement.

9

Any fee owed to an applicant under subsection (6) may be recovered as a debt due to the applicant.

10

For the purposes of this section—

  • “initial day” in relation to an application means the first working day after the day on which the authority receives the application;

  • “relevant representations” in relation to an application means representations which are about the likely effect of the grant of the application on the promotion of the licensing objectives.

86CSupplementary provision about determinations under section 86B

1

Where an application is granted under section 86B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

2

The notice under subsection (1) must specify—

a

any variation of the club premises certificate which is to have effect as a result of the grant of the application, and

b

the time at which that variation takes effect.

3

The time referred to in subsection (2)(b) is the time specified in the application or, if that time is before the applicant is given the notice referred to in subsection (2), such later time as the authority specifies in the notice.

4

Where an application is rejected under section 86B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

5

The notice under subsection (4) must include a statement by the authority of the reasons for its decision.

Review of certificates

I2287Application for review of club premises certificate

F3041

Where a club holds a club premises certificate, a responsible authority or any other person may apply to the relevant licensing authority for a review of the certificate.

2

Subsection (1) is subject to regulations under section 91 (form etc. of applications).

3

The Secretary of State must by regulations under this section—

a

require the applicant to give a notice containing details of the application to the club and each responsible authority within such period as may be prescribed;

F165b

require the authority to advertise the application and invite representations relating to it to be made to the authority;

c

prescribe the period during which representations may be made by the club, any responsible authority and any F166other person;

d

require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.

4

The relevant licensing authority may, at any time, reject any ground for review specified in an application under this section if it is satisfied—

a

that the ground is not relevant to one or more of the licensing objectives, or

b

in the case of an application made by a person other than a responsible authority, that—

i

the ground is frivolous or vexatious, or

ii

the ground is a repetition.

5

For this purpose a ground for review is a repetition if—

a

it is identical or substantially similar to—

i

a ground for review specified in an earlier application for review made in respect of the same club premises certificate and determined under section 88, or

ii

representations considered by the relevant licensing authority in accordance with section 72, before it determined the application for the club premises certificate under that section, and

b

a reasonable interval has not elapsed since that earlier application or that grant.

6

Where the authority rejects a ground for review under subsection (4)(b), it must notify the applicant of its decision and, if the ground was rejected because it was frivolous or vexatious, the authority must notify him of its reasons for making that decision.

7

The application is to be treated as rejected to the extent that any of the grounds for review are rejected under subsection (4).

Accordingly, the requirements imposed under subsection (3)(a) and (b) and by section 88 (so far as not already met) apply only to so much (if any) of the application as has not been rejected.

88Determination of application for review

1

This section applies where—

a

the relevant licensing authority receives an application made in accordance with section 87,

b

the applicant has complied with any requirement imposed by virtue of subsection (3)(a) or (d) of that section, and

c

the authority has complied with any requirement imposed on it under subsection (3)(b) or (d) of that section.

2

Before determining the application, the authority must hold a hearing to consider it and any relevant representations.

3

The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers F285appropriate for the promotion of the licensing objectives.

4

The steps are—

a

to modify the conditions of the certificate;

b

to exclude a qualifying club activity from the scope of the certificate;

c

to suspend the certificate for a period not exceeding three months;

d

to withdraw the certificate;

and for this purpose the conditions of the certificate are modified if any of them is altered or omitted or any new condition is added.

5

Subsection (3) is subject to sections 73 F62to 74 (mandatory conditions relating to F63alcohol and to exhibition of films).

6

Where the authority takes a step within subsection (4)(a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.

7

In this section “relevant representations” means representations which—

a

are relevant to one or more of the licensing objectives, and

b

meet the requirements of subsection (8).

8

The requirements are—

a

that the representations are made by the club, a responsible authority or F286any other person within the period prescribed under section 87(3)(c),

b

that they have not been withdrawn, and

c

if they are made by F287a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

9

Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must give the person who made them its reasons for that determination.

10

Where a licensing authority determines an application for review under this section it must notify the determination and its reasons for making it to—

a

the club,

b

the applicant,

c

any person who made relevant representations, and

d

the chief officer of police for the police area (or each police area) in which the premises are situated.

11

A determination under this section does not have effect—

a

until the end of the period given for appealing against the decision, or

b

if the decision is appealed against, until the appeal is disposed of.

89Supplementary provision about review

1

This section applies where a local authority is both—

a

the relevant licensing authority, and

b

a responsible authority,

in respect of any premises.

2

The authority may, in its capacity as responsible authority, apply under section 87 for a review of any club premises certificate in respect of the premises.

3

The authority may in its capacity as licensing authority determine that application.

Withdrawal of certificates

90Club ceasing to be a qualifying club

1

Where—

a

a club holds a club premises certificate, and

b

it appears to the relevant licensing authority that the club does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity to which the certificate relates (see section 61),

the authority must give a notice to the club withdrawing the certificate, so far as relating to that activity.

2

Where the only reason that the club does not satisfy the conditions for being a qualifying club in relation to the activity in question is that the club has fewer than the required number of members, the notice withdrawing the certificate must state that the withdrawal—

a

does not take effect until immediately after the end of the period of three months following the date of the notice, and

b

will not take effect if, at the end of that period, the club again has at least the required number of members.

3

The references in subsection (2) to the required number of members are references to the minimum number of members required by condition 4 in section 62(5) (25 at the passing of this Act).

4

Nothing in subsection (2) prevents the giving of a further notice of withdrawal under this section at any time.

5

Where a justice of the peace is satisfied, on information on oath, that there are reasonable grounds for believing—

a

that a club which holds a club premises certificate does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity to which the certificate relates, and

b

that evidence of that fact is to be obtained at the premises to which the certificate relates,

he may issue a warrant authorising a constable to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant, and search them.

6

A person who enters premises under the authority of a warrant under subsection (5) may seize and remove any documents relating to the business of the club in question.

General provision

91Form etc. of applications and notices under Part 4

In relation to any application or notice under this Part, regulations may prescribe—

a

its form;

b

the manner in which it is to be made or given;

c

information and documents that must accompany it.

92Fees

1

Regulations may—

a

require applications under any provision of this Part (other than section 87) to be accompanied by a fee, and

b

prescribe the amount of the fee.

F3411A

Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).

2

Regulations may also require the payment of an annual fee to the relevant licensing authority by or on behalf of a club which holds a club premises certificate.

3

Regulations under subsection (2) may include provision—

a

imposing liability for the making of the payment on the secretary or such other officers or members of the club as may be prescribed,

b

prescribing the amount of any such fee, and

c

prescribing the time at which any such fee is due.

4

Any fee which is owed to a licensing authority under subsection (2) may be recovered as a debt due to the authority from any person liable to make the payment by virtue of subsection (3)(a).

C1192AF279Suspension of club premises certificate for failing to pay annual fee

1

A licensing authority must suspend a club premises certificate if the holder of the certificate has failed to pay the authority an annual fee that has become due under section 92(2).

2

Subsection (1) does not apply if—

a

either—

i

the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or

ii

before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and

b

the grace period for payment of the fee has not expired (see subsection (8)).

3

If a licensing authority suspends a club premises certificate under subsection (1), the authority must give the holder of the certificate a notice to that effect, specifying the day the suspension takes effect.

4

A day specified in a notice under subsection (3) must be at least 2 working days after the day the authority gives the notice.

5

If the holder of the certificate pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.

6

The acknowledgement of receipt under subsection (5) must—

a

specify the day the authority received the fee (the “receipt day”), and

b

be given to the holder as soon as is reasonably practicable but in any event—

i

if the receipt day was a working day, before the end of the first working day after the receipt day,

ii

otherwise, before the end of the second working day after the receipt day.

7

A suspension of a club premises certificate under subsection (1)—

a

takes effect on the day specified in the notice under subsection (3), and

b

ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).

8

In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.

Production of certificate, rights of entry, etc.

93Licensing authority’s duty to update club premises certificate

1

Where—

a

the relevant licensing authority, in relation to a club premises certificate, makes a determination or receives a notice under this Part, or

b

an appeal against a decision under this Part is disposed of,

the relevant licensing authority must make the appropriate amendments (if any) to the certificate and, if necessary, issue a new summary of the certificate.

2

Where a licensing authority is not in possession of the club premises certificate, it may, for the purpose of discharging its obligations under subsection (1), require the secretary of the club to produce the certificate to the authority within 14 days from the date on which the club is notified of the requirement.

3

A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (2).

4

A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

94Duty to keep and produce certificateF64etc.

1

This section applies whenever premises in respect of which a club premises certificate has effect are being used for one or more qualifying club activities authorised by the certificate.

2

The secretary of the club must secure that the certificate, or a certified copy of it, F65and a list of any relevant mandatory conditions applicable to the certificate are kept at the premises in the custody or under the control of a person (the “nominated person”) who—

a

falls within subsection (3),

b

has been nominated for the purpose by the secretary in writing, and

c

has been identified to the relevant licensing authority in a notice given by the secretary.

3

The persons who fall within this subsection are—

a

the secretary of the club,

b

any member of the club,

c

any person who works at the premises for the purposes of the club.

4

The nominated person must secure that—

a

the summary of the certificate or a certified copy of that summary, and

b

a notice specifying the position which he holds at the premises,

are prominently displayed at the premises.

5

The secretary commits an offence if he fails, without reasonable excuse, to comply with subsection (2).

6

The nominated person commits an offence if he fails, without reasonable excuse, to comply with subsection (4).

7

A constable or an authorised person may require the nominated person to produce the club premises certificate (or certified copy F66or any list of relevant mandatory conditions) for examination.

8

An authorised person exercising the power conferred by subsection (7) must, if so requested, produce evidence of his authority to exercise the power.

9

A person commits an offence if he fails, without reasonable excuse, to produce a club premises certificate or certified copy of a club premises certificate F67or a list of relevant mandatory conditions in accordance with a requirement under subsection (7).

10

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

11

In subsection (4) the reference to the summary of the certificate is a reference to the summary issued under section 77 or, where one or more summaries have subsequently been issued under section 93, the most recent summary to be so issued.

12

Section 95 makes provision about certified copies of club premises certificates and of summaries of club premises certificates for the purposes of this section.

F6813

In this section “relevant mandatory conditions”, in relation to a club premises certificate, means conditions applicable to the certificate by virtue of section 73A or 73B.

I2395Provision supplementary to section 94

1

Any reference in section 94 to a certified copy of a document is a reference to a copy of the document which is certified to be a true copy by—

a

the relevant licensing authority,

b

a solicitor or notary, or

c

a person of a prescribed description.

2

Any certified copy produced in accordance with a requirement under subsection 94(7) must be a copy of the document in the form in which it exists at the time.

3

A document which purports to be a certified copy of a document is to be taken to be such a copy, and to comply with the requirements of subsection (2), unless the contrary is shown.

F694

In this section “notary” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).

I2496Inspection of premises before grant of certificate etc.

1

Subsection (2) applies where—

a

a club applies for a club premises certificate in respect of any premises,

b

a club applies under section 84 for the variation of a club premises certificate held by it, or

c

an application is made under section 87 for review of a club premises certificate.

2

On production of his authority—

a

an authorised person, or

b

a constable authorised by the chief officer of police,

may enter and inspect the premises.

3

Any entry and inspection under this section must take place at a reasonable time on a day—

a

which is not more than 14 days after the making of the application in question, and

b

which is specified in the notice required by subsection (4).

4

Before an authorised person or constable enters and inspects any premises under this section, at least 48 hours' notice must be given to the club.

5

Any person obstructing an authorised person in the exercise of the power conferred by this section commits an offence.

6

A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

7

The relevant licensing authority may, on the application of a responsible authority, extend by not more than 7 days the time allowed for carrying out an entry and inspection under this section.

8

The relevant licensing authority may allow such an extension of time only if it appears to the authority that—

a

reasonable steps had been taken for an authorised person or constable authorised by the applicant to inspect the premises in good time, but

b

it was not possible for the inspection to take place within the time allowed.

97Other powers of entry and search

1

Where a club premises certificate has effect in respect of any premises, a constable may enter and search the premises if he has reasonable cause to believe—

a

that an offence under section 4(3)(a), (b) or (c) of the Misuse of Drugs Act 1971 (c. 38) (supplying or offering to supply, or being concerned in supplying or making an offer to supply, a controlled drug) has been, is being, or is about to be, committed there, F435...

F436aa

that an offence under section 5(1) or (2) of the Psychoactive Substances Act 2016 (supplying, or offering to supply, a psychoactive substance) has been, is being, or is about to be, committed there, or

b

that there is likely to be a breach of the peace there.

2

A constable exercising any power conferred by this section may, if necessary, use reasonable force.

Part 5Permitted temporary activities

Introductory

98Meaning of “permitted temporary activity”

1

A licensable activity is a permitted temporary activity by virtue of this Part if—

F293a

it is carried out in accordance with—

i

a notice given in accordance with section 100, and

ii

any conditions imposed under section 106A, and

b

the following conditions are satisfied.

2

The first condition is that the requirements of F294section 102 (acknowledgement of notice) are met in relation to the notice.

3

The second condition is that the notice has not been withdrawn under this Part.

4

The third condition is that no counter notice has been given under this Part in respect of the notice.

99The relevant licensing authority

In this Part references to the “relevant licensing authority”, in relation to any premises, are references to—

a

the licensing authority in whose area the premises are situated, or

b

where the premises are situated in the areas of two or more licensing authorities, each of those authorities.

99AF280Meaning of “relevant person”

In this Part references to a “relevant person”, in relation to any premises, are references to the following—

a

the chief officer of police for any police area in which the premises are situated,

b

the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health.

Temporary event notices

I25100Temporary event notice

1

Where it is proposed to use premises for one or more licensable activities during a period not exceeding F169168 hours, an individual may give to the relevant licensing authority notice of that proposal (a “temporary event notice”).

2

In this Act, the “premises user”, in relation to a temporary event notice, is the individual who gave the notice.

3

An individual may not give a temporary event notice unless he is aged 18 or over.

4

A temporary event notice must be in the prescribed form and contain—

a

a statement of the matters mentioned in subsection (5),

b

where subsection (6) applies, a statement of the condition mentioned in that subsection, and

c

such other information as may be prescribed.

5

Those matters are—

a

the licensable activities to which the proposal mentioned in subsection (1) relates (“the relevant licensable activities”),

b

the period (not exceeding F170168 hours) during which it is proposed to use the premises for those activities (“the event period”),

c

the times during the event period when the premises user proposes that those licensable activities shall take place,

d

the maximum number of persons (being a number less than 500) which the premises user proposes should, during those times, be allowed on the premises at the same time,

e

where the relevant licensable activities include the supply of alcohol, whether supplies are proposed to be for consumption on the premises or off the premises, or both, and

f

such other matters as may be prescribed.

6

Where the relevant licensable activities include the supply of alcohol, the notice must make it a condition of using the premises for such supplies that all such supplies are made by or under the authority of the premises user.

7

The temporary event notice—

F298a

must be given in accordance with section 100A, and

b

must be accompanied by the prescribed fee F299when it is given by the premises user to the relevant licensing authority.

8

The Secretary of State may, by order—

a

amend subsections (1) and (5)(b) so as to substitute any period for the period for the time being specified there;

b

amend subsection (5)(d) so as to substitute any number for the number for the time being specified there.

9

In this section “supply of alcohol” means—

a

the sale by retail of alcohol, or

b

the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

100AF281Standard and late temporary event notices

1

For the purposes of section 100(7)(a), a temporary event notice must be given in accordance with—

a

subsection (2), in which case the notice is a “standard temporary event notice”, or

b

subsection (3), in which case the notice is a “late temporary event notice”.

2

A temporary event notice is given in accordance with this subsection if, no later than ten working days before the day on which the event period begins,—

a

it is given to the relevant licensing authority by means of a relevant electronic facility, or

b

it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person.

3

A temporary event notice is given in accordance with this subsection if—

a

it is given to the relevant licensing authority by means of a relevant electronic facility no later than five working days, but no earlier than nine working days, before the day the event period begins, or

b

both of the following are satisfied—

i

it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person no later than five working days before the day on which the event period begins;

ii

it is given to at least one of those persons no earlier than nine working days before the day on which that event period begins.

4

Where a temporary event notice (the “original notice”) is given by the premises user to the relevant licensing authority by means of a relevant electronic facility as referred to in subsection (2)(a) or (3)(a)—

a

the licensing authority must give a copy of the original notice to each relevant person no later than the end of the first working day after the day on which the original notice was given to the authority, and

b

for the purposes of this Act, the copy is to be treated as if it were the original notice.

5

In this section “event period” in relation to a temporary event notice means the event period specified in the notice.

101Minimum of 24 hours between event periods

1

A temporary event notice (“notice A”) given by an individual (“the relevant premises user”) is void if the event period specified in it does not—

a

end at least 24 hours before the event period specified in any other temporary event notice given by the relevant premises user in respect of the same premises before or at the same time as notice A, or

b

begin at least 24 hours after the event period specified in any other such notice.

2

For the purposes of subsection (1)—

a

any temporary event notice in respect of which a counter notice has been given under this Part or which has been withdrawn under section 103 is to be disregarded;

b

a temporary event notice given by an individual who is an associate of the relevant premises user is to be treated as a notice given by the relevant premises user;

c

a temporary event notice (“notice B”) given by an individual who is in business with the relevant premises user is to be treated as a notice given by the relevant premises user if—

i

that business relates to one or more licensable activities, and

ii

notice A and notice B relate to one or more licensable activities to which the business relates (although not necessarily the same activity or activities);

d

two temporary event notices are in respect of the same premises if the whole or any part of the premises in respect of which one of the notices is given includes or forms part of the premises in respect of which the other notice is given.

3

For the purposes of this section an individual is an associate of another person if that individual is—

a

the spouse F71or civil partner of that person,

b

a child, parent, grandchild, grandparent, brother or sister of that person,

c

an agent or employee of that person, or

d

the spouse F71or civil partner of a person within paragraph (b) or (c).

4

For the purposes of subsection (3) a person living with another as that person’s husband or wife is to be treated as that person’s spouse.

I26102Acknowledgement of notice

1

Where a licensing authority receives a temporary event notice F290in accordance with this Part, it must give written acknowledgement of the receipt of the notice to the premises user—

a

before the end of the first working day following the day on which it was received, or

b

if the day on which it was received was not a working day, before the end of the second working day following that day.

F2912

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2923

Subsection (1) does not apply where, before the time by which acknowledgement of the receipt of the notice must be given in accordance with that subsection, a counter notice has been given to the premises user under—

a

where the counter notice is in respect of a late temporary event notice, section 104A, or

b

where the counter notice is in respect of a standard temporary event notice or a late temporary event notice, section 107.

103Withdrawal of notice

1

A temporary event notice may be withdrawn by the premises user giving the relevant licensing authority a notice to that effect no later than 24 hours before the beginning of the event period specified in the temporary event notice.

2

Nothing in section 102 or sections 104 to 107 applies in relation to a notice withdrawn in accordance with this section.

F246Objections

Annotations:
Amendments (Textual)

104Objection to notice by F193a relevant person

F1991

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1941A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1952

Where a relevant person who is given a temporary event notice is satisfied that allowing the premises to be used in accordance with the notice would undermine a licensing objective, the relevant person must give a notice stating the reasons for being so satisfied (an “objection notice”)—

a

to the relevant licensing authority,

b

to the premises user, and

c

to every other relevant person.

3

The objection notice must be given F72before the end of the F198third working day following the day on which the F196relevant person is given F197the temporary event notice.

4

Subsection (2) does not apply at any time after the F200relevant person has received a copy of a counter notice under section 107 in respect of the temporary event notice.

F2015

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104AF168Counter notice following objection to late notice

1

Where an objection notice is given under section 104(2) in respect of a late temporary event notice, the relevant licensing authority must give the premises user a counter notice under this section.

2

The counter notice must—

a

be in the prescribed form, and

b

be given to the premises user in the prescribed manner.

3

The relevant licensing authority must, no later than 24 hours before the beginning of the event period specified in the temporary event notice—

a

give the counter notice to the premises user, and

b

give a copy of the counter notice to each relevant person.

105Counter notice following F219... objection F220to standard temporary event notice

1

This section applies where an objection notice is given F221under section 104(2) in respect of a standard temporary event notice.

2

The relevant licensing authority must—

a

hold a hearing to consider the objection notice, unless the premises user, the F222relevant person who gave the objection notice and the authority agree that a hearing is unnecessary, and

b

having regard to the objection notice, give the premises user a counter notice under this section if it considers it F223appropriate for the promotion of F224a licensing objective to do so.

3

The relevant licensing authority must—

a

in a case where it decides not to give a counter notice under this section, give the premises user and F225each relevant person notice of the decision, and

b

in any other case—

i

give the premises user the counter notice and a notice stating the reasons for its decision, and

ii

give F226each relevant person a copy of both of those notices.

4

A decision must be made under subsection (2)(b), and the requirements of subsection (3) must be met, at least 24 hours before the beginning of the event period specified in the temporary event notice.

5

Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by this section must be exercised by those authorities jointly.

6

This section does not apply—

a

if the objection notice has been withdrawn (whether by virtue of section 106 or otherwise), or

b

if the premises user has been given a counter notice under section 107.

F2277

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

106Modification of F231standard temporary event notice following F229... objection

1

This section applies where a F230relevant person has given an objection notice F232under section 104(2) in respect of a standard temporary event notice (and the objection notice has not been withdrawn).

2

At any time before a hearing is held or dispensed with under section 105(2), the F233relevant person may, with the agreement of the premises user F234and each other relevant person, modify the temporary event notice by making changes to F235it.

3

Where a temporary event notice is modified under subsection (2)—

a

the objection notice is to be treated for the purposes of this Act as having been withdrawn from the time the temporary event notice is modified, and

b

from that time—

i

this Act has effect as if the temporary event notice given under section 100 had been the notice as modified under that subsection, and

ii

to the extent that the conditions of section 98 are satisfied in relation to the unmodified notice they are to be treated as satisfied in relation to the notice as modified under that subsection.

4

A copy of the temporary event notice as modified under subsection (2) must be sent or delivered by the F236relevant person to the relevant licensing authority before a hearing is held or dispensed with under section 105(2).

F2375

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

This section does not apply if a counter notice has been given under section 107.

7

In this section “objection notice” has the same meaning as in section 104(2).

106AF167Conditions on standard temporary event notice following objection

1

This section applies where—

a

a relevant person has given an objection notice under section 104(2) in respect of a standard temporary event notice,

b

the objection notice has not been withdrawn, and

c

the relevant licensing authority has decided under section 105 not to give a counter notice under that section.

2

The relevant licensing authority may impose one or more conditions on the standard temporary event notice if—

a

the authority considers it appropriate for the promotion of the licensing objectives to do so,

b

the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and

c

the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.

3

Where the authority decides to impose one or more conditions under subsection (2)—

a

the authority must give the premises user notice of the decision,

b

the notice must be accompanied by a separate statement (the “statement of conditions”) which sets out the conditions that have been imposed on the temporary event notice, and

c

a copy of the notice and statement of conditions must be given to each relevant party.

4

The notice and statement of conditions under subsection (3) must—

a

be in the prescribed form,

b

be given to the premises user in the prescribed manner, and

c

be given no later than 24 hours before the beginning of the event period specified in the temporary event notice.

5

Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by subsection (2) must be exercised by those authorities jointly.

Limits on temporary event notices

I27107Counter notice where permitted limits exceeded

1

Where a licensing authority—

a

receives a temporary event notice (“notice A”) in respect of any premises (“the relevant premises”), and

b

is satisfied that subsection (2), (3), (4) or (5) applies,

the authority must give the premises user (“the relevant premises user”) a counter notice under this section.

2

This subsection applies if the relevant premises user—

a

holds a personal licence, and

F271b

has already given at least—

i

50 temporary event notices, or

ii

ten late temporary event notices,

in respect of event periods wholly or partly within the same year as the event period specified in notice A.

3

This subsection applies if the relevant premises user—

a

does not hold a personal licence, and

F272b

has already given at least—

i

five temporary event notices, or

ii

two late temporary event notices,

in respect of event periods wholly or partly within the same year as the event period specified in notice A.

4

This subsection applies if at least F42315 temporary event notices F587, or, in relation to event periods occurring wholly or partly in 2022 or 2023, at least 20 temporary event notices have already been given which—

a

are in respect of the same premises as notice A, and

b

specify as the event period a period wholly or partly within the same year as the event period specified in notice A.

5

This subsection applies if, in any year in which the event period specified in notice A (or any part of it) falls, more than F27321 daysF586, or, in relation to event periods (or any part of those periods) occurring in 2022 or 2023, more than 26 days are days on which one or more of the following fall—

a

that event period or any part of it,

b

an event period specified in a temporary event notice already given in respect of the same premises as notice A or any part of such a period.

6

If the event period in notice A straddles two years, subsections (2), (3) and (4) apply separately in relation to each of those years.

7

A counter notice under this section must be in the prescribed form and given to the premises user in the prescribed manner.

8

No such counter notice may be given later than 24 hours before the beginning of the event period specified in notice A.

9

In determining whether subsection (2), (3), (4) or (5) applies, any temporary event notice in respect of which a counter notice has been given under this section or section 105 is to be disregarded.

10

In determining for the purposes of subsection (2) or (3) the number of temporary event notices given by the relevant premises user—

a

a temporary event notice given by an individual who is an associate of the relevant premises user is to be treated as a notice given by the relevant premises user;

b

a temporary event notice (“notice B”) given by an individual who is in business with the relevant premises user is to be treated as a notice given by the relevant premises user if—

i

that business relates to one or more licensable activities, and

ii

notice A and notice B relate to one or more licensable activities to which the business relates (but not necessarily the same activity or activities).

11

Where a licensing authority gives a counter notice under this section it must, forthwith, send a copy of that notice F274to each relevant person.

12

The Secretary of State may, by order, amend subsection (2)(b), (3)(b), (4) or (5) so as to substitute any number for the number for the time being specified there.

13

For the purposes of this section—

a

a temporary event notice is in respect of the same premises as notice A if it is in respect of the whole or any part of the relevant premises or premises which include the whole or any part of those premises,

b

“year” means calendar year,

c

“day” means a period of 24 hours beginning at midnight, and

d

subsections (3) and (4) of section 101 (meaning of “associate”) apply as they apply for the purposes of that section.

Rights of entry, production of notice, etc.

108Right of entry where temporary event notice given

1

A constable or an authorised officer may, at any reasonable time, enter the premises to which a temporary event notice relates to assess the likely effect of the notice on the promotion of the crime prevention objective.

2

An authorised officer exercising the power conferred by this section must, if so requested, produce evidence of his authority to exercise the power.

3

A person commits an offence if he intentionally obstructs an authorised officer exercising a power conferred by this section.

4

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

5

In this section “authorised officer” means—

a

an officer of the licensing authority in whose area the premises are situated, or

b

if the premises are situated in the area of more than one licensing authority, an officer of any of those authorities,

authorised for the purposes of this Act.

109Duty to keep and produce temporary event notice F209and statement of conditions

1

This section applies whenever premises are being used for one or more licensable activities which are or are purported to be permitted temporary activities by virtue of this Part.

2

The premises user must either—

a

secure that a copy of the temporary event notice F210, together with a copy of any statement of conditions given under section 106A(3) in respect of the notice is prominently displayed at the premises, or

b

meet the requirements of subsection (3).

3

The requirements of this subsection are that the premises user must—

a

secure that the temporary event notice F211, together with a copy of any statement of conditions given under section 106A(3) in respect of the notice is kept at the premises in—

i

his custody, or

ii

in the custody of a person who is present and working at the premises and whom he has nominated for the purposes of this section, and

b

where the temporary event F212notice and any statement of conditions are in the custody of a person so nominated, secure that a notice specifying that fact and the position held at the premises by that person is prominently displayed at the premises.

4

The premises user commits an offence if he fails, without reasonable excuse, to comply with subsection (2).

5

Where—

a

the temporary event notice F214or any statement of conditions is not displayed as mentioned in subsection (2)(a), and

b

no notice is displayed as mentioned in subsection (3)(b),

a constable or authorised officer may require the premises user to produce the temporary event notice F213or statement of conditions for examination.

6

Where a notice is displayed as mentioned in subsection (3)(b), a constable or authorised officer may require the person specified in that notice to produce the temporary event notice F215or statement of conditions for examination.

7

An authorised officer exercising the power conferred by subsection (5) or (6) must, if so requested, produce evidence of his authority to exercise the power.

8

A person commits an offence if he fails, without reasonable excuse, to produce a temporary event notice F216or statement of conditions in accordance with a requirement under subsection (5) or (6).

9

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

10

In this section “authorised officer” has the meaning given in section 108(5).

Miscellaneous

I28110Theft, loss, etc. of temporary event notice F259or statement of conditions

1

Where a temporary event notice acknowledged under section 102 is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which acknowledged the notice (or, if there is more than one such authority, any of them) for a copy of the notice.

F2601A

Where a statement of conditions that is given under section 106A(3) is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which gave the statement for a copy of the statement.

2

No application may be made under this section more than one month after the end of the event period specified in the notice.

3

The application must be accompanied by the prescribed fee.

4

Where a licensing authority receives an application under this section, it must issue the premises user with a copy of the notice F261or statement (certified by the authority to be a true copy) if it is satisfied that—

a

the notice F262or statement has been lost, stolen, damaged or destroyed, F426...

F426b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The copy issued under this section must be a copy of the notice F263or statement in the form it existed immediately before it was lost, stolen, damaged or destroyed.

6

This Act applies in relation to a copy issued under this section as it applies in relation to an original notice F264or statement.

Part 6Personal licences

Introductory

111Personal licence

1

In this Act “personal licence” means a licence which—

a

is granted by a licensing authority to an individual, and

b

authorises that individual to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence.

2

In subsection (1)(b) the reference to an individual supplying alcohol is to him—

a

selling alcohol by retail, or

b

supplying alcohol by or on behalf of a club to, or to the order of, a member of the club.

112The relevant licensing authority

For the purposes of this Part the “relevant licensing authority”, in relation to a personal licence, is the licensing authority which granted the licence.

I29113Meaning of “relevant offence”F509, “immigration offence”, “foreign offence” and “immigration penalty”

1

In this Part “relevant offence” means an offence listed in Schedule 4.

2

The Secretary of State may by order amend that list so as to add, modify or omit any entry.

F5482A

In this Part “immigration offence” means—

a

an offence referred to in paragraph 7A of Schedule 4, or

b

an offence listed in paragraph 24 or 25 of Schedule 4 that is committed in relation to an offence referred to in paragraph 7A of that Schedule.

3

In this Part “foreign offence” means an offence (other than a relevant offence) under the law of any place outside England and Wales.

F5494

In this Part “immigration penalty” means a penalty under—

a

section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

b

section 23 of the Immigration Act 2014 (“the 2014 Act”).

5

For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

a

the person is excused payment by virtue of section 15(3) of that Act, or

b

the penalty is cancelled by virtue of section 16 or 17 of that Act.

6

For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

a

the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and

b

if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

7

For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

a

the person is excused payment by virtue of section 24 of that Act, or

b

the penalty is cancelled by virtue of section 29 or 30 of that Act.

8

For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

a

the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and

b

if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

114Spent convictions

For the purposes of this Part a conviction for a relevant offence or a foreign offence must be disregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53).

115Period of validity of personal licence

1

A personal licence F383has effect indefinitely.

2

Subsection (1) is subject to subsections F551(2A), (3) and (4) and to—

a

section 116 (surrender),

F384b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F385c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5502A

A personal licence ceases to have effect if the holder of the licence ceases to be entitled to work in the United Kingdom.

3

A personal licence ceases to have effect when it is revoked under section 124 or forfeited under section 129.

4

And a personal licence does not have effect during any period when it is suspended under section 129.

5

Subsections (3) and (4) are subject to any court order under sections 129(4) or 130.

116Surrender of personal licence

1

Where the holder of a personal licence wishes to surrender his licence he may give the relevant licensing authority a notice to that effect.

2

The notice must be accompanied by the personal licence or, if that is not practicable, by a statement of the reasons for the failure to provide the licence.

3

Where a notice of surrender is given in accordance with this section, the personal licence lapses on receipt of the notice by the authority.

F406Grant ... of licences

Annotations:
Amendments (Textual)
F406

Words in s. 117 cross-heading omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 4(1) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

117Application for grant F407... of personal licence

F3871

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

An application F386by an individual for the grant of a personal licence—

a

must, if the applicant is ordinarily resident in the area of a licensing authority, be made to that authority, and

b

may, in any other case, be made to any licensing authority.

F3883

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3894

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Subsection (1) is subject to regulations under section 133 (form etc. of applications and notices under this Part).

F3906

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

118Individual permitted to hold only one personal licence

1

An individual who makes an application for the grant of a personal licence under section 117 (“the initial application”) may not make another such application until the initial application has been determined by the licensing authority to which it was made or has been withdrawn.

2

A personal licence is void if, at the time it is granted, the individual to whom it is granted already holds a personal licence.

F391119Licence continued pending renewal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I30120Determination of application for grant

1

This section applies where an application for the grant of a personal licence is made to a licensing authority in accordance with section 117.

2

The authority must grant the licence if it appears to it that—

a

the applicant is aged 18 or over,

F477aa

he is entitled to work in the United Kingdom,

b

he possesses a licensing qualification or is a person of a prescribed description,

c

no personal licence held by him has been forfeited in the period of five years ending with the day the application was made, and

d

he has not been convicted of any relevant offence or any foreign offence F478or required to pay an immigration penalty.

3

The authority must reject the application if it appears to it that the applicant fails to meet the condition in F479any of paragraphs (a) to (c) of subsection (2).

4

If it appears to the authority that the applicant meets the conditions in paragraphs F480(a) to (c) of that subsection but fails to meet the condition in paragraph (d) of that subsection, the authority must give the chief officer of police for its area a notice to that effect.

5

Where, having regard to—

a

any conviction of the applicant for a relevant offence, F483...

b

any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence, F481and

c

the applicant having been required to pay any immigration penalty,

the chief officer of police is satisfied that granting the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (4), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).

F4735A

If it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of subsection (2) but fails to meet the condition in paragraph (d) of that subsection by virtue of having been—

a

convicted of an immigration offence,

b

convicted of a foreign offence that the authority considers to be comparable to an immigration offence, or

c

required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

5B

Where, having regard to—

a

any conviction of the applicant for an immigration offence,

b

any conviction of the applicant for a foreign offence which the Secretary of State considers to be comparable to an immigration offence, and

c

the applicant having been required to pay any immigration penalty,

the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (5A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).

6

Where no objection notice F482or immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), or any such notice given is withdrawn,, the authority must grant the application.

7

F476Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), and not withdrawn, the authority—

a

must hold a hearing to consider the F484... notice, unless the applicant, the F485person who gave the notice and the authority agree that it is unnecessary, and

F475b

having regard to the notice, must—

i

where the notice is an objection notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or

ii

where the notice is an immigration objection notice, reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

F4747A

An application that is not rejected by the authority under subsection (7)(b) must be granted by it.

8

In this section “licensing qualification” means—

a

a qualification—

i

accredited at the time of its award, and

ii

awarded by a body accredited at that time,

b

a qualification awarded before the coming into force of this section which the Secretary of State certifies is to be treated for the purposes of this section as if it were a qualification within paragraph (a), or

c

a qualification obtained in Scotland or Northern Ireland or in an EEA State F584... which is equivalent to a qualification within paragraph (a) or (b).

9

For this purpose—

  • “accredited” means accredited by the Secretary of State; and

  • “EEA State” means a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.

F392121Determination of application for renewal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

122Notification of determinations

1

Where a licensing authority grants an application—

a

it must give the applicant and the chief officer of police for its area a notice to that effect, and

b

if the chief officer of police gave an objection notice F542or the Secretary of State gave an immigration objection notice (which F543, in either case, was not withdrawn), the notice under paragraph (a) must contain a statement of the licensing authority’s reasons for granting the application.

2

A licensing authority which rejects an application must give the applicant and the chief officer of police for its area a notice to that effect containing a statement of the authority’s reasons for rejecting the application.

F5402A

Where the Secretary of State gave an immigration objection notice (which was not withdrawn) the notice under subsection (1)(a) or (2), as the case may be, must also be given to the Secretary of State.

3

In this section—

  • “application” means an application for the grant F393... of a personal licence; and

  • “objection notice” F541and “immigration objection notice” have the meaning given in section 120 F394....

123Duty to notify licensing authority of convictions F510etc during application period

1

Where an applicant for the grant F395... of a personal licence is convicted of a relevant offence or a foreign offence during the application periodF552, or is required to pay an immigration penalty during that period, he must as soon as reasonably practicable notify the conviction F553or the requirement to pay (as the case may be) to the authority to which the application is made.

2

A person commits an offence if he fails, without reasonable excuse, to comply with subsection (1).

3

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

4

In this section “the application period” means the period that—

a

begins when the application for grant F396... is made, and

b

ends when the application is determined or withdrawn.

124Convictions coming to light after grant F440...

1

This section applies where, after a licensing authority has granted F397... a personal licence, it becomes aware (whether by virtue of section 123(1), 131 or 132 or otherwise) that the holder of a personal licence F489(“the licence holder”) was convicted during the application period of any relevant offence or foreign offence F490or was required during that period to pay an immigration penalty.

2

The licensing authority must give a notice to that effect to the chief officer of police for its area.

3

Where, having regard to—

a

any conviction of the F491licence holder for a relevant offence F492which occurred before the end of the application period,

b

any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence F495and which occurred before the end of the application period, F493and

c

the licence holder having been required before the end of the application period to pay any immigration penalty,

F494... the chief officer of police is satisfied that continuation of the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (2), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).

F4863A

Where the licence holder was (during the application period)—

a

convicted of an immigration offence,

b

convicted of a foreign offence that the licensing authority considers to be comparable to an immigration offence, or

c

required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

3B

Where, having regard to—

a

any conviction of the licence holder for an immigration offence which occurred before the end of the application period,

b

any conviction of the licence holder for a foreign offence which the Secretary of State considers to be comparable to an immigration offence and which occurred before the end of the application period, and

c

the licence holder having been required before the end of the application period to pay any immigration penalty,

the Secretary of State is satisfied that continuation of the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (3A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).

4

Where an objection notice F488or an immigration objection notice is given within the period of 14 days referred to in subsection (3) or (3B), as the case may be, (and not withdrawn), the authority—

a

must hold a hearing to consider the F496... notice, unless the F497licence holder, the person who gave the notice and the authority agree it is unnecessary, and

b

having regard to the notice, must F498—

i

where the notice is an objection notice, revoke the licence if it considers it appropriate for the promotion of the crime prevention objective to do so, or

ii

where the notice is an immigration objection notice, revoke the licence if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

5

Where the authority revokes or decides not to revoke a licence under subsection (4) it must notify the offender and the chief officer of police of the decision and its reasons for making it.

F4875A

Where the authority revokes or decides not to revoke a licence under subsection (4)(b)(ii) it must also notify the Secretary of State of the decision and its reasons for making it.

6

A decision under this section does not have effect—

a

until the end of the period given for appealing against the decision, or

b

if the decision is appealed against, until the appeal is disposed of.

7

In this section “application period”, in relation to the grant F398... of a personal licence, means the period that—

a

begins when the application for the grant F398... is made, and

b

ends at the time of the grant F398....

I31125Form of personal licence

1

Where a licensing authority grants a personal licence, it must forthwith issue the applicant with the licence.

2

The licence must—

a

specify the holder’s name and address, and

b

identify the licensing authority which granted it.

3

It must also contain a record F516of—

a

each relevant offence and each foreign offence of which the holder has been convicted, the date of each conviction and the sentence imposed in respect of it,

F515b

each immigration penalty that the holder has been required to pay and the date of each notice by which such a penalty was imposed.

4

Subject to subsections (2) and (3), the licence must be in the prescribed form.

126Theft, loss, etc. of personal licence

1

Where a personal licence is lost, stolen, damaged or destroyed, the holder of the licence may apply to the relevant licensing authority for a copy of the licence.

2

Subsection (1) is subject to regulations under section 133(2) (power to prescribe fee to accompany application).

3

Where the relevant licensing authority receives an application under this section, it must issue the licence holder with a copy of the licence (certified by the authority to be a true copy) if it is satisfied that—

a

the licence has been lost, stolen, damaged or destroyed, F428...

F428b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The copy issued under this section must be a copy of the licence in the form in which it existed immediately before it was lost, stolen, damaged or destroyed.

5

This Act applies in relation to a copy issued under this section as it applies in relation to an original licence.

Duty to notify certain changes

127Duty to notify change of name or address

1

The holder of a personal licence must, as soon as reasonably practicable, notify the relevant licensing authority of any change in his name or address as stated in the personal licence.

2

Subsection (1) is subject to regulations under section 133(2) (power to prescribe fee to accompany notice).

3

A notice under subsection (1) must also be accompanied by the personal licence or, if that is not practicable, by a statement of the reasons for the failure to provide the licence.

4

A person commits an offence if he fails, without reasonable excuse, to comply with this section.

5

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Conviction of licence holder for relevant offence

128Duty to notify court of personal licence

1

Where the holder of a personal licence is charged with a relevant offence, he must, no later than the time he makes his first appearance in a magistrates' court in connection with that offence—

a

produce to the court the personal licence, or

b

if that is not practicable, notify the court of the existence of the personal licence and the identity of the relevant licensing authority and of the reasons why he cannot produce the licence.

2

Subsection (3) applies where a person charged with a relevant offence is granted a personal licence—

a

after his first appearance in a magistrates' court in connection with that offence, but

b

before—

i

his conviction, and sentencing for the offence, or his acquittal, or,

ii

where an appeal is brought against his conviction, sentence or acquittal, the disposal of that appeal.

3

At his next appearance in court in connection with that offence, that person must—

a

produce to the court the personal licence, or

b

if that is not practicable, notify the court of the existence of the personal licence and the identity of the relevant licensing authority and of the reasons why he cannot produce the licence.

4

Where—

a

a person charged with a relevant offence has produced his licence to, or notified, a court under subsection (1) or (3), and

b

before he is convicted of and sentenced for, or acquitted of, that offence, a notifiable event occurs in respect of the licence,

he must, at his next appearance in court in connection with that offence, notify the court of that event.

5

For this purpose a “notifiable event” in relation to a personal licence means any of the following—

F399a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the surrender of the licence under section 116;

F400c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

the revocation of the licence under section 124.

6

A person commits an offence if he fails, without reasonable excuse, to comply with this section.

7

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

129Forfeiture or suspension of licence on conviction for relevant offence

1

This section applies where the holder of a personal licence is convicted of a relevant offence by or before a court in England and Wales.

2

The court may—

a

order the forfeiture of the licence, or

b

order its suspension for a period not exceeding six months.

3

In determining whether to make an order under subsection (2), the court may take account of any previous conviction of the holder for a relevant offence.

4

Where a court makes an order under this section it may suspend the order pending an appeal against it.

5

Subject to subsection (4) and section 130, an order under this section takes effect immediately after it is made.

130Powers of appellate court to suspend order under section 129

1

This section applies where—

a

a person (“the offender”) is convicted of a relevant offence, and

b

an order is made under section 129 in respect of that conviction (“the section 129 order”).

2

In this section any reference to the offender’s sentence includes a reference to the section 129 order and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.

3

Where the offender—

a

appeals to the Crown Court, or

b

appeals or applies for leave to appeal to the Court of Appeal,

against his conviction or his sentence, the Crown Court or, as the case may be, the Court of Appeal may suspend the section 129 order.

4

Where the offender appeals or applies for leave to appeal to the F73Supreme Court—

a

under section 1 of the Administration of Justice Act 1960 (c. 65) from any decision of the High Court which is material to his conviction or sentence, or

b

under section 33 of the Criminal Appeal Act 1968 (c. 19) from any decision of the Court of Appeal which is material to his conviction or sentence,

the High Court or, as the case may require, the Court of Appeal may suspend the section 129 order.

5

Where the offender makes an application in respect of the decision of the court in question under section 111 of the Magistrates' Courts Act 1980 (c. 43) (statement of case by magistrates' court) or section 28 of the F74Senior Courts Act 1981(c. 54) (statement of case by Crown Court) the High Court may suspend the section 129 order.

6

Where the offender—

a

applies to the High Court for a quashing order to remove into the High Court any proceedings of a magistrates' court or of the Crown Court, being proceedings in or in consequence of which he was convicted or his sentence was passed, or

b

applies to the High Court for permission to make such an application,

the High Court may suspend the section 129 order.

7

Any power of a court under this section to suspend the section 129 order is a power to do so on such terms as the court thinks fit.

8

Where, by virtue of this section, a court suspends the section 129 order it must send notice of the suspension to the relevant licensing authority.

9

Where the section 129 order is an order for forfeiture of the licence, an order under this section to suspend that order has effect to reinstate the licence for the period of the suspension.

131Court’s duty to notify licensing authority of convictions

1

This section applies where a person who holds a personal licence (“the relevant person”) is convicted, by or before a court in England and Wales, of a relevant offence in a case where—

a

the relevant person has given notice under section 128 (notification of personal licence), or

b

the court is, for any other reason, aware of the existence of that personal licence.

2

The appropriate officer of the court must (as soon as reasonably practicable)—

a

send to the relevant licensing authority a notice specifying—

i

the name and address of the relevant person,

ii

the nature and date of the conviction, and

iii

any sentence passed in respect of it, including any order made under section 129, andsend a copy of the notice to the relevant person.

3

Where, on an appeal against the relevant person’s conviction for the relevant offence or against the sentence imposed on him for that offence, his conviction is quashed or a new sentence is substituted for that sentence, the court which determines the appeal must (as soon as reasonably practicable) arrange—

a

for notice of the quashing of the conviction or the substituting of the sentence to be sent to the relevant licensing authority, and

b

for a copy of the notice to be sent to the relevant person.

4

Where the case is referred to the Court of Appeal under section 36 of the Criminal Justice Act 1988 (c. 33) (review of lenient sentence), the court must cause—

a

notice of any action it takes under subsection (1) of that section to be sent to the relevant licensing authority, and

b

a copy of the notice to be sent to the relevant person.

5

For the purposes of subsection (2) “the appropriate officer” is—

a

in the case of a magistrates' court, the F570designated officer for the court, and

b

in the case of the Crown Court, the appropriate officer;

and section 141 of the Magistrates' Courts Act 1980 (c. 43) (meaning of “clerk of a magistrates' court”) applies in relation to this subsection as it applies in relation to that section.

132Licence holder’s duty to notify licensing authority of convictions F508etc

1

Subsection (2) applies where the holder of a personal licence—

a

is convicted of a relevant offence, in a case where section 131(1) does not apply, or

b

is convicted of a foreign offence.

2

The holder must—

a

as soon as reasonably practicable after the conviction, give the relevant licensing authority a notice containing details of the nature and date of the conviction, and any sentence imposed on him in respect of it, and

b

as soon as reasonably practicable after the determination of any appeal against the conviction or sentence, or of any reference under section 36 of the Criminal Justice Act 1988 (c. 33) in respect of the case, give the relevant licensing authority a notice containing details of the determination.

F5542A

Subsection (2B) applies where the holder of a personal licence is required to pay an immigration penalty.

2B

The holder must, as soon as reasonably practicable after being required to pay the penalty, give the relevant licensing authority a notice containing details of the penalty, including the date of the notice by which the penalty was imposed.

3

A notice under subsection (2) F555or (2B) must be accompanied by the personal licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence.

4

A person commits an offence if he fails, without reasonable excuse, to comply with this section.

5

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

132AF452Convictions etc of licence-holder: powers of licensing authority

1

This section applies where a licensing authority has granted a personal licence and it becomes aware (whether by virtue of section 123(1), 131 or 132 or otherwise) that the holder of the licence ( “ the licence holder ”) has been, at any time before or after the grant of the licence—

a

convicted of any relevant offence or foreign offence, or

b

required to pay an immigration penalty.

2

But this section does not apply at any time when in the case of a licence holder who has been convicted of any relevant offence or foreign offence—

a

the licence holder has appealed against a conviction for, or any sentence imposed in relation to, a relevant offence or foreign offence and that appeal has not been disposed of, or

b

the time limit for appealing against such a conviction or sentence has not expired.

3

The relevant licensing authority may—

a

suspend the licence for a period not exceeding six months, or

b

revoke the licence.

4

If the relevant licensing authority is considering whether to suspend or revoke the licence, the authority must give notice to the licence holder.

5

A notice under subsection (4) must invite the licence holder to make representations regarding—

a

the relevant offence, foreign offence or immigration penalty that has caused the relevant licensing authority to issue the notice,

b

any decision of a court under section 129 or 130 in relation to the licence, and

c

any other relevant information (including information regarding the licence holder's personal circumstances).

6

The licence holder may make representations under subsection (5) to the relevant licensing authority within the period of 28 days beginning with the day the notice was issued.

7

Before deciding whether to suspend or revoke the licence the relevant licensing authority must take into account—

a

any representations made by the licence holder under this section,

b

any decision of a court under section 129 or 130 of which the licensing authority is aware, and

c

any other information which the authority considers relevant.

8

Having taken into account the matters described in subsection (7) the relevant licensing authority may make a decision whether to suspend or revoke a licence, unless subsection (9) applies.

9

This subsection applies where the relevant licensing authority has taken into account the matters described in subsection (7) and proposes not to revoke the licence.

10

Where subsection (9) applies the authority must—

a

give notice to the chief officer of police for its area that it proposes not to revoke the licence, and

b

invite the officer to make representations regarding the issue of whether the licence should be suspended or revoked having regard to the crime prevention objective.

11

The chief officer of police may make representations under subsection (10)(b) to the relevant licensing authority within the period of 14 days beginning with the day the notice was received.

12

Where the relevant licensing authority has given notice to the chief officer of police under subsection (10)(a), the authority must take into account—

a

any representations from the officer, and

b

the matters described in subsection (7),

and then make a decision whether to suspend or revoke the licence.

13

The relevant licensing authority must give notice of any decision made under subsection (8) or (12) to the licence holder and the chief officer of police, including reasons for the decision.

14

A decision under this section does not have effect—

a

until the end of the period given for appealing against the decision, or

b

if the decision is appealed against, until the appeal is disposed of.

15

A decision under subsection (8) or (12) may be appealed (see paragraph 17(5A) of Part 3 of Schedule 5 (appeals: personal licences)).

General provision

133Form etc. of applications and notices under Part 6

1

In relation to any application under section 117 or notice under this Part, regulations may prescribe—

a

its form,

b

the manner in which it is to be made or given, and

c

the information and documents that must accompany it.

2

Regulations may also—

a

require applications under section 117 or 126 or notices under section 127 to be accompanied by a fee, and

b

prescribe the amount of the fee.

134Licensing authority’s duty to update licence document

1

Where—

a

the relevant licensing authority makes a determination under section F401... 124(4),

b

it receives a notice under section 123(1), 127, 131 or 132, or

c

an appeal against a decision under this Part is disposed of,

in relation to a personal licence, the authority must make the appropriate amendments (if any) to the licence.

2

Where, under section 131, notice is given of the making of an order under section 129, the relevant licensing authority must make an endorsement on the licence stating the terms of the order.

3

Where, under section 131, notice is given of the quashing of such an order, any endorsement previously made under subsection (2) in respect of it must be cancelled.

4

Where a licensing authority is not in possession of a personal licence, it may, for the purposes of discharging its obligations under this section, require the holder of the licence to produce it to the authority within 14 days beginning with the day on which he is notified of the requirement.

5

A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (4).

6

A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Production of licence

135Licence holder’s duty to produce licence

1

This section applies where the holder of a personal licence is on premises to make or authorise the supply of alcohol, and such supplies—

a

are authorised by a premises licence in respect of those premises, or

b

are a permitted temporary activity on the premises by virtue of a temporary event notice given under Part 5 in respect of which he is the premises user.

2

Any constable or authorised officer may require the holder of the personal licence to produce that licence for examination.

3

An authorised officer exercising the power conferred by subsection (2) must, if so requested, produce evidence of his authority to exercise the power.

4

A person who fails, without reasonable excuse, to comply with a requirement under subsection (2) is guilty of an offence.

5

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

6

In this section “authorised officer” means an officer of a licensing authority authorised by the authority for the purposes of this Act.

Part 7Offences

Unauthorised licensable activities

136Unauthorised licensable activities

1

A person commits an offence if—

a

he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or

b

he knowingly allows a licensable activity to be so carried on.

2

Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of the entertainment is that he—

a

performs in a play,

b

participates as a sportsman in an indoor sporting event,

c

boxes or wrestles in a boxing or wrestling entertainment,

d

performs live music,

e

plays recorded music,

f

performs dance, or

g

does something coming within paragraph 2(1)(h) of Schedule 1 (entertainment similar to music, dance, etc.).

3

Subsection (2) is to be construed in accordance with Part 3 of Schedule 1.

4

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to F376a fine, or to both.

5

In this Part “authorisation” means—

a

a premises licence,

b

a club premises certificate, or

c

a temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied.

137Exposing alcohol for unauthorised sale

1

A person commits an offence if, on any premises, he exposes for sale by retail any alcohol in circumstances where the sale by retail of that alcohol on those premises would be an unauthorised licensable activity.

2

For that purpose a licensable activity is unauthorised unless it is under and in accordance with an authorisation.

3

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to F377a fine, or to both.

4

The court by which a person is convicted of an offence under this section may order the alcohol in question, and any container for it, to be forfeited and either destroyed or dealt with in such other manner as the court may order.

138Keeping alcohol on premises for unauthorised sale etc.

1

A person commits an offence if he has in his possession or under his control alcohol which he intends to sell by retail or supply in circumstances where that activity would be an unauthorised licensable activity.

2

For that purpose a licensable activity is unauthorised unless it is under and in accordance with an authorisation.

3

In subsection (1) the reference to the supply of alcohol is a reference to the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

4

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

5

The court by which a person is convicted of an offence under this section may order the alcohol in question, and any container for it, to be forfeited and either destroyed or dealt with in such other manner as the court may order.

139Defence of due diligence

1

In proceedings against a person for an offence to which subsection (2) applies, it is a defence that—

a

his act was due to a mistake, or to reliance on information given to him, or to an act or omission by another person, or to some other cause beyond his control, and

b

he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

2

This subsection applies to an offence under—

a

section 136(1)(a) (carrying on unauthorised licensable activity),

b

section 137 (exposing alcohol for unauthorised sale), or

c

section 138 (keeping alcohol on premises for unauthorised sale).

Drunkenness and disorderly conduct

140Allowing disorderly conduct on licensed premises etc.

1

A person to whom subsection (2) applies commits an offence if he knowingly allows disorderly conduct on relevant premises.

2

This subsection applies—

a

to any person who works at the premises in a capacity, whether paid or unpaid, which authorises him to prevent the conduct,

b

in the case of licensed premises, to—

i

the holder of a premises licence in respect of the premises, and

ii

the designated premises supervisor (if any) under such a licence,

c

in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who at the time the conduct takes place is present on the premises in a capacity which enables him to prevent it, and

d

in the case of premises which may be used for a permitted temporary activity by virtue of Part 5, to the premises user in relation to the temporary event notice in question.

3

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

141Sale of alcohol to a person who is drunk

1

A person to whom subsection (2) applies commits an offence if, on relevant premises, he knowingly—

a

sells or attempts to sell alcohol to a person who is drunk, or

b

allows alcohol to be sold to such a person.

2

This subsection applies—

a

to any person who works at the premises in a capacity, whether paid or unpaid, which gives him authority to sell the alcohol concerned,

b

in the case of licensed premises, to—

i

the holder of a premises licence in respect of the premises, and

ii

the designated premises supervisor (if any) under such a licence,

c

in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who at the time the sale (or attempted sale) takes place is present on the premises in a capacity which enables him to prevent it, and

d

in the case of premises which may be used for a permitted temporary activity by virtue of Part 5, to the premises user in relation to the temporary event notice in question.

3

This section applies in relation to the supply of alcohol by or on behalf of a club to or to the order of a member of the club as it applies in relation to the sale of alcohol.

4

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

142Obtaining alcohol for a person who is drunk

1

A person commits an offence if, on relevant premises, he knowingly obtains or attempts to obtain alcohol for consumption on those premises by a person who is drunk.

2

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

143Failure to leave licensed premises etc.

1

A person who is drunk or disorderly commits an offence if, without reasonable excuse—

a

he fails to leave relevant premises when requested to do so by a constable or by a person to whom subsection (2) applies, or

b

he enters or attempts to enter relevant premises after a constable or a person to whom subsection (2) applies has requested him not to enter.

2

This subsection applies—

a

to any person who works at the premises in a capacity, whether paid or unpaid, which authorises him to make such a request,

b

in the case of licensed premises, to—

i

the holder of a premises licence in respect of the premises, or

ii

the designated premises supervisor (if any) under such a licence,

c

in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who is present on the premises in a capacity which enables him to make such a request, and

d

in the case of premises which may be used for a permitted temporary activity by virtue of Part 5, to the premises user in relation to the temporary event notice in question.

3

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

4

On being requested to do so by a person to whom subsection (2) applies, a constable must—

a

help to expel from relevant premises a person who is drunk or disorderly;

b

help to prevent such a person from entering relevant premises.

Smuggled goods

144Keeping of smuggled goods

1

A person to whom subsection (2) applies commits an offence if he knowingly keeps or allows to be kept, on any relevant premises, any goods which have been imported without payment of duty or which have otherwise been unlawfully imported.

2

This subsection applies—

a

to any person who works at the premises in a capacity, whether paid or unpaid, which gives him authority to prevent the keeping of the goods on the premises,

b

in the case of licensed premises, to—

i

the holder of a premises licence in respect of the premises, and

ii

the designated premises supervisor (if any) under such a licence,

c

in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who is present on the premises at any time when the goods are kept on the premises in a capacity which enables him to prevent them being so kept, and

d

in the case of premises which may be used for a permitted temporary activity by virtue of Part 5, to the premises user in relation to the temporary event notice in question.

3

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4

The court by which a person is convicted of an offence under this section may order the goods in question, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.

Children and alcohol

145Unaccompanied children prohibited from certain premises

1

A person to whom subsection (3) applies commits an offence if—

a

knowing that relevant premises are within subsection (4), he allows an unaccompanied child to be on the premises at a time when they are open for the purposes of being used for the supply of alcohol for consumption there, or

b

he allows an unaccompanied child to be on relevant premises at a time between the hours of midnight and 5 a.m. when the premises are open for the purposes of being used for the supply of alcohol for consumption there.

2

For the purposes of this section—

a

“child” means an individual aged under 16,

b

a child is unaccompanied if he is not in the company of an individual aged 18 or over.

3

This subsection applies—

a

to any person who works at the premises in a capacity, whether paid or unpaid, which authorises him to request the unaccompanied child to leave the premises,

b

in the case of licensed premises, to—

i

the holder of a premises licence in respect of the premises, and

ii

the designated premises supervisor (if any) under such a licence,

c

in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who is present on the premises in a capacity which enables him to make such a request, and

d

in the case of premises which may be used for a permitted temporary activity by virtue of Part 5, to the premises user in relation to the temporary event notice in question.

4

Relevant premises are within this subsection if—

a

they are exclusively or primarily used for the supply of alcohol for consumption on the premises, or

b

they are open for the purposes of being used for the supply of alcohol for consumption on the premises by virtue of Part 5 (permitted temporary activities) and, at the time the temporary event notice in question has effect, they are exclusively or primarily used for such supplies.

5

No offence is committed under this section if the unaccompanied child is on the premises solely for the purpose of passing to or from some other place to or from which there is no other convenient means of access or egress.

6

Where a person is charged with an offence under this section by reason of his own conduct it is a defence that—

a

he believed that the unaccompanied child was aged 16 or over or that an individual accompanying him was aged 18 or over, and

b

either—

i

he had taken all reasonable steps to establish the individual’s age, or

ii

nobody could reasonably have suspected from the individual’s appearance that he was aged under 16 or, as the case may be, under 18.

7

For the purposes of subsection (6), a person is treated as having taken all reasonable steps to establish an individual’s age if—

a

he asked the individual for evidence of his age, and

b

the evidence would have convinced a reasonable person.

8

Where a person (“the accused”) is charged with an offence under this section by reason of the act or default of some other person, it is a defence that the accused exercised all due diligence to avoid committing it.

9

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

10

In this section “supply of alcohol” means—

a

the sale by retail of alcohol, or

b

the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

146Sale of alcohol to children

1

A person commits an offence if he sells alcohol to an individual aged under 18.

2

A club commits an offence if alcohol is supplied by it or on its behalf—

a

to, or to the order of, a member of the club who is aged under 18, or

b

to the order of a member of the club, to an individual who is aged under 18.

3

A person commits an offence if he supplies alcohol on behalf of a club—

a

to, or to the order of, a member of the club who is aged under 18, or

b

to the order of a member of the club, to an individual who is aged under 18.

4

Where a person is charged with an offence under this section by reason of his own conduct it is a defence that—

a

he believed that the individual was aged 18 or over, and

b

either—

i

he had taken all reasonable steps to establish the individual’s age, or

ii

nobody could reasonably have suspected from the individual’s appearance that he was aged under 18.

5

For the purposes of subsection (4), a person is treated as having taken all reasonable steps to establish an individual’s age if—

a

he asked the individual for evidence of his age, and

b

the evidence would have convinced a reasonable person.

6

Where a person (“the accused”) is charged with an offence under this section by reason of the act or default of some other person, it is a defence that the accused exercised all due diligence to avoid committing it.

7

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

147Allowing the sale of alcohol to children

1

A person to whom subsection (2) applies commits an offence if he knowingly allows the sale of alcohol on relevant premises to an individual aged under 18.

2

This subsection applies to a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to prevent the sale.

3

A person to whom subsection (4) applies commits an offence if he knowingly allows alcohol to be supplied on relevant premises by or on behalf of a club—

a

to or to the order of a member of the club who is aged under 18, or

b

to the order of a member of the club, to an individual who is aged under 18.

4

This subsection applies to—

a

a person who works on the premises in a capacity, whether paid or unpaid, which authorises him to prevent the supply, and

b

any member or officer of the club who at the time of the supply is present on the relevant premises in a capacity which enables him to prevent it.

5

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

147AF76Persistently selling alcohol to children

1

A person is guilty of an offence if—

a

on F752 or more different occasions within a period of 3 consecutive months alcohol is unlawfully sold on the same premises to an individual aged under 18;

b

at the time of each sale the premises were either licensed premises or premises authorised to be used for a permitted temporary activity by virtue of Part 5; and

c

that person was a responsible person in relation to the premises at each such time.

2

For the purposes of this section alcohol sold to an individual aged under 18 is unlawfully sold to him if—

a

the person making the sale believed the individual to be aged under 18; or

b

that person did not have reasonable grounds for believing the individual to be aged 18 or over.

3

For the purposes of subsection (2) a person has reasonable grounds for believing an individual to be aged 18 or over only if—

a

he asked the individual for evidence of his age and that individual produced evidence that would have convinced a reasonable person; or

b

nobody could reasonably have suspected from the individual's appearance that he was aged under 18.

4

A person is, in relation to premises and a time, a responsible person for the purposes of subsection (1) if, at that time, he is—

a

the person or one of the persons holding a premises licence in respect of the premises; or

b

the person or one of the persons who is the premises user in respect of a temporary event notice by reference to which the premises are authorised to be used for a permitted temporary activity by virtue of Part 5.

5

The individual to whom the sales mentioned in subsection (1) are made may, but need not be, the same in each case.

6

The same sale may not be counted in respect of different offences for the purpose—

a

of enabling the same person to be convicted of more than one offence under this section; or

b

of enabling the same person to be convicted of both an offence under this section and an offence under section 146 or 147.

7

In determining whether an offence under this section has been committed, the following shall be admissible as evidence that there has been an unlawful sale of alcohol to an individual aged under 18 on any premises on any occasion—

a

the conviction of a person for an offence under section 146 in respect of a sale to that individual on those premises on that occasion;

b

the giving to a person of a caution (within the meaning of Part 5 of the Police Act 1997) in respect of such an offence; or

c

the payment by a person of a fixed penalty under Part 1 of the Criminal Justice and Police Act 2001 in respect of such a sale.

8

A person guilty of an offence under this section shall be liable, on summary conviction, to F378a fine.

9

The Secretary of State may by order amend subsection (8) to increase the maximum fine for the time being specified in that subsection.

147BOrder suspending a licence in respect of offence under section 147A

1

Where the holder of a premises licence is convicted of an offence under section 147A in respect of sales on the premises to which the licence relates, the court may order that so much of the licence as authorises the sale by retail of alcohol on those premises is suspended for a period not exceeding three months.

2

Where more than one person is liable for an offence under section 147A relating to the same sales, no more than one order under subsection (1) may be made in relation to the premises in question in respect of convictions by reference to those sales.

3

Subject to subsections (4) and (5), an order under subsection (1) comes into force at the time specified by the court that makes it.

4

Where a magistrates' court makes an order under subsection (1), it may suspend its coming into force pending an appeal.

5

Section 130 (powers of appellate court to suspend section 129 order) applies (with the omission of subsection (9)) where an order under subsection (1) is made on conviction of an offence under section 147A as it applies where an order under section 129 is made on conviction of a relevant offence in Part 6.

F427148Sale of liqueur confectionery to children under 16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

149Purchase of alcohol by or on behalf of children

1

An individual aged under 18 commits an offence if—

a

he buys or attempts to buy alcohol, or

b

where he is a member of a club—

i

alcohol is supplied to him or to his order by or on behalf of the club, as a result of some act or default of his, or

ii

he attempts to have alcohol supplied to him or to his order by or on behalf of the club.

2

But subsection (1) does not apply where the individual buys or attempts to buy the alcohol at the request of—

a

a constable, or

b

a weights and measures inspector,

who is acting in the course of his duty.

3

A person commits an offence if—

a

he buys or attempts to buy alcohol on behalf of an individual aged under 18, or

b

where he is a member of a club, on behalf of an individual aged under 18 he—

i

makes arrangements whereby alcohol is supplied to him or to his order by or on behalf of the club, or

ii

attempts to make such arrangements.

4

A person (“the relevant person”) commits an offence if—

a

he buys or attempts to buy alcohol for consumption on relevant premises by an individual aged under 18, or

b

where he is a member of a club—

i

by some act or default of his, alcohol is supplied to him, or to his order, by or on behalf of the club for consumption on relevant premises by an individual aged under 18, or

ii

he attempts to have alcohol so supplied for such consumption.

5

But subsection (4) does not apply where—

a

the relevant person is aged 18 or over,

b

the individual is aged 16 or 17,

c

the alcohol is beer, wine or cider,

d

its purchase or supply is for consumption at a table meal on relevant premises, and

e

the individual is accompanied at the meal by an individual aged 18 or over.

6

Where a person is charged with an offence under subsection (3) or (4) it is a defence that he had no reason to suspect that the individual was aged under 18.

7

A person guilty of an offence under this section is liable on summary conviction—

a

in the case of an offence under subsection (1), to a fine not exceeding level 3 on the standard scale, and

b

in the case of an offence under subsection (3) or (4), to a fine not exceeding level 5 on the standard scale.

150Consumption of alcohol by children

1

An individual aged under 18 commits an offence if he knowingly consumes alcohol on relevant premises.

2

A person to whom subsection (3) applies commits an offence if he knowingly allows the consumption of alcohol on relevant premises by an individual aged under 18.

3

This subsection applies—

a

to a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to prevent the consumption, and

b

where the alcohol was supplied by a club to or to the order of a member of the club, to any member or officer of the club who is present at the premises at the time of the consumption in a capacity which enables him to prevent it.

4

Subsections (1) and (2) do not apply where—

a

the individual is aged 16 or 17,

b

the alcohol is beer, wine or cider,

c

its consumption is at a table meal on relevant premises, and

d

the individual is accompanied at the meal by an individual aged 18 or over.

5

A person guilty of an offence under this section is liable on summary conviction—

a

in the case of an offence under subsection (1), to a fine not exceeding level 3 on the standard scale, and

b

in the case of an offence under subsection (2), to a fine not exceeding level 5 on the standard scale.

151Delivering alcohol to children

1

A person who works on relevant premises in any capacity, whether paid or unpaid, commits an offence if he knowingly delivers to an individual aged under 18—

a

alcohol sold on the premises, or

b

alcohol supplied on the premises by or on behalf of a club to or to the order of a member of the club.

2

A person to whom subsection (3) applies commits an offence if he knowingly allows anybody else to deliver to an individual aged under 18 alcohol sold on relevant premises.

3

This subsection applies to a person who works on the premises in a capacity, whether paid or unpaid, which authorises him to prevent the delivery of the alcohol.

4

A person to whom subsection (5) applies commits an offence if he knowingly allows anybody else to deliver to an individual aged under 18 alcohol supplied on relevant premises by or on behalf of a club to or to the order of a member of the club.

5

This subsection applies—

a

to a person who works on the premises in a capacity, whether paid or unpaid, which authorises him to prevent the supply, and

b

to any member or officer of the club who at the time of the supply in question is present on the premises in a capacity which enables him to prevent the supply.

6

Subsections (1), (2) and (4) do not apply where—

a

the alcohol is delivered at a place where the buyer or, as the case may be, person supplied lives or works, or

b

the individual aged under 18 works on the relevant premises in a capacity, whether paid or unpaid, which involves the delivery of alcohol, or

c

the alcohol is sold or supplied for consumption on the relevant premises.

7

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

152Sending a child to obtain alcohol

1

A person commits an offence if he knowingly sends an individual aged under 18 to obtain—

a

alcohol sold or to be sold on relevant premises for consumption off the premises, or

b

alcohol supplied or to be supplied by or on behalf of a club to or to the order of a member of the club for such consumption.

2

For the purposes of this section, it is immaterial whether the individual aged under 18 is sent to obtain the alcohol from the relevant premises or from other premises from which it is delivered in pursuance of the sale or supply.

3

Subsection (1) does not apply where the individual aged under 18 works on the relevant premises in a capacity, whether paid or unpaid, which involves the delivery of alcohol.

4

Subsection (1) also does not apply where the individual aged under 18 is sent by—

a

a constable, or

b

a weights and measures inspector,

who is acting in the course of his duty.

5

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

153Prohibition of unsupervised sales by children

1

A responsible person commits an offence if on any relevant premises he knowingly allows an individual aged under 18 to make on the premises—

a

any sale of alcohol, or

b

any supply of alcohol by or on behalf of a club to or to the order of a member of the club,

unless the sale or supply has been specifically approved by that or another responsible person.

2

But subsection (1) does not apply where—

a

the alcohol is sold or supplied for consumption with a table meal,

b

it is sold or supplied in premises which are being used for the service of table meals (or in a part of any premises which is being so used), and

c

the premises are (or the part is) not used for the sale or supply of alcohol otherwise than to persons having table meals there and for consumption by such a person as an ancillary to his meal.

3

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

4

In this section “responsible person” means—

a

in relation to licensed premises—

i

the holder of a premises licence in respect of the premises,

ii

the designated premises supervisor (if any) under such a licence, or

iii

any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor,

b

in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables him to prevent the supply in question, and

c

in relation to premises which may be used for a permitted temporary activity by virtue of Part 5—

i

the premises user, or

ii

any individual aged 18 or over who is authorised for the purposes of this section by the premises user.

154Enforcement role for weights and measures authorities

1

It is the duty of every local weights and measures authority in England and Wales to enforce within its area the provisions of sections 146 and 147, so far as they apply to sales of alcohol made on or from premises to which the public have access.

2

A weights and measures inspector may make, or authorise any person to make on his behalf, such purchases of goods as appear expedient for the purpose of determining whether those provisions are being complied with.

Confiscation of alcohol

155Confiscation of sealed containers of alcohol

1

In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (right to require surrender of alcohol)—

a

in subsection (1), omit “(other than a sealed container)”,

b

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3622

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vehicles and trains

156Prohibition on sale of alcohol on moving vehicles

1

A person commits an offence under this section if he sells by retail alcohol on or from a vehicle at a time when the vehicle is not permanently or temporarily parked.

2

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to F379a fine, or to both.

3

In proceedings against a person for an offence under this section, it is a defence that—

a

his act was due to a mistake, or to reliance on information given to him, or to an act or omission by another person, or to some other cause beyond his control, and

b

he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

157Power to prohibit sale of alcohol on trains

1

A magistrates' court F78acting for the local justice area may make an order prohibiting the sale of alcohol, during such period as may be specified, on any railway vehicle—

a

at such station or stations as may be specified, being stations in that area, or

b

travelling between such stations as may be specified, at least one of which is in that area.

2

A magistrates' court may make an order under this section only on the application of a senior police officer.

3

A magistrates' court may not make such an order unless it is satisfied that the order is necessary to prevent disorder.

4

Where an order is made under this section, the responsible senior police officer must, forthwith, serve a copy of the order on the train operator (or each train operator) affected by the order.

5

A person commits an offence if he knowingly—

a

sells or attempts to sell alcohol in contravention of an order under this section, or

b

allows the sale of alcohol in contravention of such an order.

6

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to F380a fine, or to both.

7

In this section—

  • “railway vehicle” has the meaning given by section 83 of the Railways Act 1993;

  • “responsible senior police officer”, in relation to an order under this section, means the senior police officer who applied for the order or, if the chief officer of police of the force in question has designated another senior police officer for the purpose, that other officer;

  • “senior police officer” means a police officer of, or above, the rank of inspector;

  • “specified” means specified in the order under this section;

  • “station” has the meaning given by section 83 of the Railways Act 1993 (c. 43); and

  • “train operator” means a person authorised by a licence under section 8 of that Act to operate railway assets (within the meaning of section 6 of that Act).

False statement relating to licensing etc.

158False statements made for the purposes of this Act

1

A person commits an offence if he knowingly or recklessly makes a false statement in or in connection with—

a

an application for the grant, variation, transfer or review of a premises licence or club premises certificate,

b

an application for a provisional statement,

c

a temporary event notice, an interim authority notice or any other notice under this Act,

d

an application for the grant F408... of a personal licence, or

e

a notice within section 178(1) (notice by freeholder etc. conferring right to be notified of changes to licensing register).

2

For the purposes of subsection (1) a person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement.

3

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Interpretation

159Interpretation of Part 7

In this Part—

  • “authorisation” has the meaning given in section 136(5);

  • “relevant premises” means—

    1. a

      licensed premises, or

    2. b

      premises in respect of which there is in force a club premises certificate, or

c

premises which may be used for a permitted temporary activity by virtue of Part 5;

“table meal” means a meal eaten by a person seated at a table, or at a counter or other structure which serves the purpose of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table; and

“weights and measures inspector” means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985 (c. 72).

Part 8Closure of premises

Closure of premises in an identified area

160Orders to close premises in area experiencing disorder

1

Where there is or is expected to be disorder in any F79local justice area, a magistrates' court F80acting in the area may make an order requiring all premises—

a

which are situated at or near the place of the disorder or expected disorder, and

b

in respect of which a premises licence or a temporary event notice has effect,

to be closed for a period, not exceeding 24 hours, specified in the order.

2

A magistrates' court may make an order under this section only on the application of a police officer who is of the rank of superintendent or above.

3

A magistrates' court may not make such an order unless it is satisfied that it is necessary to prevent disorder.

4

Where an order is made under this section, a person to whom subsection (5) applies commits an offence if he knowingly keeps any premises to which the order relates open, or allows any such premises to be kept open, during the period of the order.

5

This subsection applies—

a

to any manager of the premises,

b

in the case of licensed premises, to—

i

the holder of a premises licence in respect of the premises, and

ii

the designated premises supervisor (if any) under such a licence, and

c

in the case of premises in respect of which a temporary event notice has effect, to the premises user in relation to that notice.

6

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

7

A constable may use such force as may be necessary for the purpose of closing premises ordered to be closed under this section.

Closure of identified premises

F361161Closure orders for identified premises

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F361162Extension of closure order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F361163Cancellation of closure order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F361164Application to magistrates' court by police

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F361165Consideration of closure order by magistrates' court

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F361166Appeal from decision of magistrates' court

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I32167Review of premises licence following closure order

1

This section applies where—

a

F363a magistrates' court has made a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown Court has made a closure order on appeal under section 84 of that Act, in relation to premises in respect of which a premises licence has effect, and

b

the relevant licensing authority has F364accordingly received a notice under section 80(9) or 84(7) of that Act.

F4371A

This section also applies where a court has made an illegal working compliance order under Schedule 6 to the Immigration Act 2016 and the relevant licensing authority has accordingly received a notice under that Schedule.

2

The relevant licensing authority must review the premises licence.

3

The authority must reach a determination on the review no later than 28 days after the day on which it receives the notice mentioned in subsection (1)(b).

4

The Secretary of State must by regulations—

a

require the relevant licensing authority to give, to the holder of the premises licence and each responsible authority, notice of F365the review and of the order mentioned in subsection (1)(a);

b

require the authority to advertise the review and invite representations about it to be made to the authority by responsible authorities and F159other persons;

c

prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any F160other person;

d

require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.

5

The relevant licensing authority must—

a

hold a hearing to consider F366the order mentioned in subsection (1)(a) and any relevant representations;

b

take such of the steps mentioned in subsection (6) (if any) as it considers F305appropriate for the promotion of the licensing objectives.

6

Those steps are—

a

to modify the conditions of the premises licence,

b

to exclude a licensable activity from the scope of the licence,

c

to remove the designated premises supervisor from the licence,

d

to suspend the licence for a period not exceeding three months, or

e

to revoke the licence;

and for this purpose the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

7

Subsection (5)(b) is subject to sections F8119 to 21 (requirement to include certain conditions in premises licences).

8

Where the authority takes a step within subsection (6)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

9

In this section “relevant representations” means representations which—

a

are relevant to one or more of the licensing objectives, and

b

meet the requirements of subsection (10).

10

The requirements are—

a

that the representations are made by the holder of the premises licence, a responsible authority or F161any other person within the period prescribed under subsection (4)(c),

b

that they have not been withdrawn, and

c

if they are made by F162a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

11

Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

12

Where a licensing authority determines a review under this section it must notify the determination and its reasons for making it to—

a

the holder of the licence,

b

any person who made relevant representations, and

c

the chief officer of police for the police area (or each police area) in which the premises are situated.

13

Section 168 makes provision about when the determination takes effect.

14

In this section F163“responsible authority” has the same meaning as in Part 3.

168Provision about decisions under section 167

1

Subject to this section, a decision under section 167 does not have effect until the relevant time.

2

In this section “the relevant time”, in relation to any decision, means—

a

the end of the period given for appealing against the decision, or

b

if the decision is appealed against, the time the appeal is disposed of.

3

Subsections (4) and (5) apply where—

a

the relevant licensing authority decides on a review under section 167 to take one or more of the steps mentioned in subsection (6)(a) to (d) of that section, and

b

the premises to which the licence relates F367are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014.

4

The decision by the relevant licensing authority to take any of the steps mentioned in section 167(6)(a) to (d) takes effect when it is notified to the holder of the licence under section 167(12).

This is subject to subsection (5) and paragraph 18(3) of Schedule 5 (power of magistrates' court to suspend decision pending appeal).

5

The relevant licensing authority may, on such terms as it thinks fit, suspend the operation of that decision (in whole or in part) until the relevant time.

6

Subsection (7) applies where—

a

the relevant licensing authority decides on a review under section 167 to revoke the premises licence, and

b

the premises to which the licence relates F368are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014.

7

The premises must remain closed (but the licence otherwise in force) until the relevant time.

This is subject to paragraph 18(4) of Schedule 5 (power of magistrates' court to modify closure order pending appeal).

8

A person commits an offence if, without reasonable excuse, he allows premises to be open in contravention of subsection (7).

9

A person guilty of an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding three months or to F381a fine, or to both.

F369169Enforcement of closure order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89Closure notices

Annotations:
Amendments (Textual)
F89

Ss. 169A, 169B and preceding cross-heading inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(1), 66(2)(3); S.I. 2007/858, art. 2(a)

169AClosure notices for persistently selling alcohol to children

1

A relevant officer may give a notice under this section (a “closure notice”) applying to any premises if—

a

there is evidence that a person (“the offender”) has committed an offence under section 147A in relation to those premises;

b

the relevant officer considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted; and

c

the offender is still, at the time when the notice is given, the holder of a premises licence in respect of those premises, or one of the holders of such a licence.

2

A closure notice is a notice which—

a

proposes a prohibitionF171, for the period specified in the notice, on sales of alcohol on the premises in question; and

b

offers the opportunity to discharge all criminal liability in respect of the alleged offence by the acceptance of the prohibition proposed by the notice.

3

A closure notice must—

a

be in the form prescribed by regulations made by the Secretary of State;

b

specify the premises to which it applies;

c

give such particulars of the circumstances believed to constitute the alleged offence (including the sales to which it relates) as are necessary to provide reasonable information about it;

d

specify the length of the period during which it is proposed that sales of alcohol should be prohibited on those premises;

e

specify when that period would begin if the prohibition is accepted;

f

explain what would be the effect of the proposed prohibition and the consequences under this Act (including the maximum penalties) of a sale of alcohol on the premises during the period for which it is in force;

g

explain the right of every person who, at the time of the alleged offence, held or was one of the holders of a premises licence in respect of those premises to be tried for that offence; and

h

explain how that right may be exercised and how (where it is not exercised) the proposed prohibition may be accepted.

4

The period specified for the purposes of subsection (3)(d) must be F172at least 48 hours but not more than 336 hours; and the time specified as the time from which that period would begin must be not less than 14 days after the date of the service of the closure notice in accordance with subsection (6).

5

The provision included in the notice by virtue of subsection (3)(h) must—

a

provide a means of identifying a police officer or trading standards officer to whom notice exercising the option to accept the prohibition may be given;

b

set out particulars of where and how that notice may be given to that police officer or trading standards officer;

c

require that notice to be given within 14 days after the date of the service of the closure notice; and

d

explain that the right to be tried for the alleged offence will be taken to have been exercised unless every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition.

6

Section 184 (giving of notices) does not apply to a closure notice; but such a notice must be served on the premises to which it applies.

7

A closure notice may be served on the premises to which it applies—

a

only by being handed by a constable or trading standards officer to a person on the premises who appears to the constable or trading standards officer to have control of or responsibility for the premises (whether on his own or with others); and

b

only at a time when it appears to that constable or trading standards officer that licensable activities are being carried on there.

8

A copy of every closure notice given under this section must be sent to the holder of the premises licence for the premises to which it applies at whatever address for that person is for the time being set out in the licence.

9

A closure notice must not be given more than 3 months after the time of the last of the sales to which the alleged offence relates.

10

No more that one closure notice may be given in respect of offences relating to the same sales; nor may such a notice be given in respect of an offence in respect of which a prosecution has already been brought.

11

In this section “relevant officer” means—

a

a police officer of the rank of superintendent or above; or

b

an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.

169BEffect of closure notices

1

This section applies where a closure notice is given under section 169A in respect of an alleged offence under section 147A.

2

No proceedings may be brought for the alleged offence or any related offence at any time before the time when the prohibition proposed by the notice would take effect.

3

If before that time every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition in the manner specified in the notice—

a

that prohibition takes effect at the time so specified in relation to the premises in question; and

b

no proceedings may subsequently be brought against any such person for the alleged offence or any related offence.

4

If the prohibition contained in a closure notice takes effect in accordance with subsection (3)(a) in relation to any premises, so much of the premises licence for those premises as authorises the sale by retail of alcohol on those premises is suspended for the period specified in the closure notice.

5

In this section “related offence”, in relation to the alleged offence, means an offence under section 146 or 147 in respect of any of the sales to which the alleged offence relates.

6

The operation of this section is not affected by any contravention of section 169A(8).

170Exemption of police from liability for damages

1

F82Neither a constable nor a trading standards officer is liable for relevant damages in respect of any act or omission of his in the performance or purported performance F371... F83of his functions in relation to a closure notice.

F842

Neither a chief officer of police nor a local weights and measures authority is liable for relevant damages in respect of any act or omission of a person in the performance or purported performance, while under the direction or control of such a chief officer or local weights and measures authority—

a

of a function of that person in relation to a closure order, or any extension of it; or

F370b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

But neither subsection (1) nor (2) applies—

a

if the act or omission is shown to have been in bad faith, or

b

so as to prevent an award of damages in respect of an act or omission on the grounds that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42) (incompatibility of act or omission with Convention rights).

4

This section does not affect any other exemption from liability for damages (whether at common law or otherwise).

F854A

In this section references to a constable include references to a person exercising the powers of a constable by virtue of a designation under section 38 of the Police Reform Act 2002 (community support officers etc.); and, in relation to such a person F149exercising such powers by virtue of such a designation by the Commissioner of Police of the City of London, the first reference in subsection (2) to a chief officer of police has effect as a reference to F150the Common Council of the City of London.

5

In this section, “relevant damages” means damages awarded in proceedings for judicial review, the tort of negligence or misfeasance in public office.

Interpretation

171Interpretation of Part 8

1

This section has effect for the purposes of this Part.

2

F374Premises are open if a person who is not within subsection (4) enters the premises and—

a

he buys or is otherwise supplied with food, drink or anything usually sold on the premises, or

b

while he is on the premises, they are used for the provision of regulated entertainment.

3

But in determining whether F375... premises are open the following are to be disregarded—

a

where no premises licence has effect in respect of the premises, any use of the premises for activities (other than licensable activities) which do not take place during an event period specified in a temporary event notice having effect in respect of the premises,

b

any use of the premises for a qualifying club activity under and in accordance with a club premises certificate, and

c

any supply exempted under paragraph 3 of Schedule 2 (certain supplies of hot food and drink by clubs, hotels etc. not a licensable activity) in circumstances where a person will neither be admitted to the premises, nor be supplied as mentioned in sub-paragraph (1)(b) of that paragraph, except by virtue of being a member of a recognised club or a guest of such a member.

4

A person is within this subsection if he is—

a

an appropriate person in relation to the premises,

b

a person who usually lives at the premises, or

c

a member of the family of a person within paragraph (a) or (b).

5

The following expressions have the meanings given—

  • “appropriate person”, in relation to any F372... premises, means—

    1. a

      any person who holds a premises licence in respect of the premises,

    2. b

      any designated premises supervisor under such a licence,

    3. c

      the premises user in relation to any temporary event notice which has effect in respect of the premises, or

    4. d

      a manager of the premises;

  • F86“closure notice” has the meaning given in section 169A;

  • F373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F87“local weights and measures authority” has the meaning given by section 69 of the Weights and Measures Act 1985;

  • “manager”, in relation to any premises, means a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to close them;

  • “relevant licensing authority”, in relation to any licensed premises, has the same meaning as in Part 3;

  • F373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F88“trading standards officer”, in relation to any premises to which a premises licence relates, means a person authorised by a local weights and measures authority to act in the area where those premises are situated in relation to proposed prohibitions contained in closure notices;

6

A temporary event notice has effect from the time it is given in accordance with Part 5 until—

a

the time it is withdrawn,

b

the time a counter notice is given under that Part, or

c

the expiry of the event period specified in the temporary event notice,

whichever first occurs.

Part 9Miscellaneous and supplementary

Special occasions

172Relaxation of opening hours for special occasions

1

Where the Secretary of State considers that a period (“the celebration period”) marks an occasion of exceptional international, national, or local significance, he may make a licensing hours order.

2

A licensing hours order is an order which provides that during the specified relaxation period premises licences and club premises certificates have effect (to the extent that it is not already the case) as if specified times were included in the opening hours.

3

An order under this section may—

a

make provision generally or only in relation to premises in one or more specified areas;

b

make different provision in respect of different days during the specified relaxation period;

c

make different provision in respect of different licensable activities.

4

Before making an order under this section, the Secretary of State must consult such persons as he considers appropriate.

5

In this section—

  • “opening hours” means—

    1. a

      in relation to a premises licence, the times during which the premises may be used for licensable activities in accordance with the licence, and

    2. b

      in relation to a club premises certificate, the times during which the premises may be used for qualifying club activities in accordance with the certificate;

  • “relaxation period” means—

    1. a

      if the celebration period does not exceed four days, that period, or

    2. b

      any part of that period not exceeding four days; and

  • “specified”, in relation to a licensing hours order, means specified in the order.

F108Early morning alcohol restriction orders

Annotations:
Amendments (Textual)
F108

Ss. 172A-172E and cross-heading inserted by Crime and Security Act 2010 (c. 17), ss. 55(2), 59 and ss. 172A-172E substituted (31.10.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 119(3), 157(1); S.I. 2012/2670, art. 2(a) (as amended by S.I. 2012/1659, art. 1(2), Sch. 3 para. 22 (with arts. 4-6))

172AF342Power to make early morning alcohol restriction order

1

If a licensing authority considers it appropriate for the promotion of the licensing objectives, it may, subject as follows, make an order under this section.

2

An order under this section is an order providing that—

a

premises licences and club premises certificates granted by the authority, and temporary event notices given to the authority, do not have effect to the extent that they authorise the sale of alcohol during the period specified in the order, and

b

club premises certificates granted by the authority do not have effect to the extent that they authorise the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club during the period specified in the order.

3

For the purposes of subsection (2)(a) and (b), the period that may be specified in the order must—

a

begin no earlier than midnight, and

b

end no later than 6am.

4

It is immaterial for the purposes of an order under this section whether a premises licence or club premises certificate is granted, or a temporary event notice is given, before or after the order is made.

5

An order under this section may provide that it is to apply—

a

in relation to the same period of every day on which the order is to apply, or in relation to different periods of different days,

b

every day or only on particular days (for example, particular days of the week or year),

c

in relation to the whole or part of a licensing authority's area, or

d

for a limited or unlimited period.

6

An order under this section must specify—

a

the days on which it is to apply and the period of those days,

b

the area in relation to which it is to apply,

c

if it is to apply for a limited period, that period, and

d

the date from which it is to apply.

7

An order under this section must—

a

be in the prescribed form, and

b

have the prescribed content.

172BProcedural requirements for early morning alcohol restriction order

1

A licensing authority proposing to make an order under section 172A must—

a

advertise the proposed order in the prescribed manner, and

b

hold a hearing to consider any relevant representations, unless the authority and each person who has made such representations agree that a hearing is unnecessary.

2

In this section “relevant representations” means representations which—

a

are about the likely effect of the making of the proposed order on the promotion of the licensing objectives,

b

are made to the licensing authority by an affected person, a responsible authority or any other person,

c

are made in the prescribed form and manner and within the prescribed period,

d

have not been withdrawn, and

e

in the case of representations made by a person who is not a responsible authority, are not, in the opinion of the licensing authority, frivolous or vexatious.

3

In subsection (2)(b), “affected person” means—

a

the holder of the premises licence or club premises certificate in respect of affected premises,

b

the premises user in relation to a temporary event notice in respect of affected premises,

c

a person who has applied for a premises licence or club premises certificate in respect of affected premises (where the application has not been determined), and

d

a person to whom a provisional statement has been issued in respect of affected premises.

4

In subsection (2)(b) and (e), “responsible authority” means—

a

the licensing authority and any other licensing authority in whose area part of any affected premises is situated,

b

the chief officer of police for a police area any part of which is in the area specified in the order,

c

the fire and rescue authority for an area any part of which is in the area specified in the order,

d

the F346... Local Health Board for an area any part of which is in the area specified in the order,

F347da

the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the area specified in the order,

e

the local weights and measures authority for any such area,

f

the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any such area,

g

the local planning authority within the meaning given by the Town and Country Planning Act 1990 for any such area,

h

the local authority by which statutory functions are exercisable in the area specified in the order in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

i

a body which—

i

represents those who, in relation to the area specified in the order, are responsible for, or interested in, matters relating to the protection of children from harm, and

ii

is recognised by the licensing authority for the purposes of this section as being competent to advise on such matters,

j

where affected premises are a vessel—

i

a navigation authority (within the meaning given by section 221(1) of the Water Resources Act 1991) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is navigated at a time when it is used for licensable activities to which the proposed order relates,

ii

the Environment Agency,

iii

Canal & River Trust, and

iv

the Secretary of State, and

k

a prescribed person.

5

Where a licensing authority determines for the purposes of subsection (2)(e) that any representations are frivolous or vexatious, it must notify the person who made them of its reasons for its determination.

6

In this section—

  • “affected premises”, in relation to a proposed order, means premises in respect of which it applies from the date specified in it;

  • “statutory function” means a function conferred by or under an enactment.

172CMaking of early morning alcohol restriction order

1

A licensing authority may not make an order under section 172A applying in relation to—

a

an area not specified in the proposed order advertised under section 172B,

b

a day not specified in that proposed order, or

c

a period other than the period specified in that proposed order of any day so specified.

2

After making an order under section 172A a licensing authority must publish it or otherwise make it available—

a

in the prescribed form and manner, and

b

within the prescribed period.

172DVariation and revocation of early morning alcohol restriction order

1

A licensing authority may vary or revoke an order under section 172A.

2

Sections 172B and 172C apply in relation to the variation or revocation of an order under section 172A as in relation to the making of such an order.

172EExceptions from effect of early morning alcohol restriction order

1

An order under section 172A does not apply in prescribed cases or circumstances.

2

The cases referred to in subsection (1) may in particular be defined by reference to—

a

particular kinds of premises, or

b

particular days.

3

An order under section 172A is subject to an order under section 172 (whether made before or afterwards), unless and to the extent that the order under section 172 provides otherwise.

F588Modification of premises licences to authorise off-sales for limited period

Annotations:
Amendments (Textual)
F588

Ss. 172F-172L and cross-heading inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(2), 25(1) (with s. 11(13)) (as amended: (16.9.2021) by S.I. 2021/1049, regs. 1(2), 2(1); (29.9.2022) by S.I. 2022/978, regs. 1(2), 2(2); and (28.9.2023) by S.I. 2023/990, regs. 1(2), 2(2))

C16C17172FC14Authorisation of off-sales for limited period

1

Subsection (2) applies to a premises licence if—

a

the licence has effect, or is capable of having effect, on the day on which this section comes into force (“day X”),

b

immediately before day X, it is an on-sales only licence, and

c

no disqualifying event has occurred in relation to the licence in the period of three years ending with day X.

2

The premises licence is to be treated as if, at the beginning of day X, it is varied so that it authorises off-sales during the relevant period subject to the condition that every off-sale must be made at a pre-cut off time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises.

3

Any provisions of the premises licence on day X are suspended in so far as they are inconsistent with the authorisation granted by virtue of subsection (2) (and for so long as that authorisation has effect).

4

Subsection (5) applies to a premises licence if—

a

the licence has effect, or is capable of having effect, on day X,

b

immediately before day X, it authorises the sale by retail of alcohol for consumption on the licensed premises and it also authorises off-sales, and

c

at that time that authorisation is subject to one or more of the following—

i

one or more conditions relating to the time when an off-sale may be made that would prevent an off-sale during the relevant period being made at a pre-cut off time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises;

ii

one or more conditions applicable to pre-cut off times that would prevent an off-sale during the relevant period where the alcohol is sold in an open container;

iii

one or more conditions applicable to pre-cut off times that would prevent an off-sale during the relevant period where it is a sale for delivery.

5

The premises licence is to be treated as if, at the beginning of day X, it is varied so that, in so far as and for so long as it authorises off-sales during the relevant period, it includes—

a

where the requirement in subsection (4)(c)(i) is met, a condition that off-sales that would otherwise have been prevented by the condition or conditions mentioned in subsection (4)(c)(i) from being made at a pre-cut off time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises may be made at such a time;

b

where the requirement in subsection (4)(c)(ii) is met, a condition that off-sales at a pre-cut off time that would otherwise have been prevented by the condition or conditions mentioned in subsection (4)(c)(ii) from being in the form of alcohol sold in an open container may be in that form;

c

where the requirement in subsection (4)(c)(iii) is met, a condition that off-sales at a pre-cut off time that would otherwise have been prevented by the condition or conditions mentioned in subsection (4)(c)(iii) from being a sale for delivery may be such a sale.

6

For so long as a condition has effect by virtue of subsection (5)(a), (b) or (c), the conditions of the licence referred to in subsection (4)(c)(i), (ii) or (iii) (as the case may be) are suspended in so far as they prevent the matters mentioned in that provision.

7

The references in subsections (3) and (6) to an authorisation or condition having effect include the authorisation or condition as subsequently varied or modified in so far as it has effect in relation to the relevant period.

8

For the purposes of subsection (1)(c) a disqualifying event has occurred in relation to a premises licence in the three year period mentioned in that provision if, at any time during that period—

a

the relevant licensing authority refused to grant a premises licence in respect of the licensed premises authorising off-sales,

b

the relevant licensing authority refused to vary the premises licence so as to authorise off-sales, or

c

the premises licence was varied or modified so as to exclude off-sales from the scope of the licence.

9

In the case of a premises licence which is capable of having effect on day X, references in this section to what the licence authorises are to be read as references to what it would authorise were it to have effect.

10

In this section—

a

“on-sales only licence” means a premises licence which—

i

authorises the sale by retail of alcohol for consumption on the licensed premises, but

ii

does not authorise off-sales;

b

“off-sales” in relation to a premises licence means the sale by retail of alcohol for consumption off the licensed premises; and references to an off-sale are to be read accordingly;

c

“sale for delivery” in relation to a premises licence means an off-sale for delivery by or on behalf of the holder of the licence to a building which is used for residential or work purposes (or both);

d

“the relevant period” means the period beginning with day X and ending with—

i

30 September 2022, or

ii

if earlier, the revocation or expiry of the premises licence or the exclusion of off-sales from the scope of the licence.

11

In this section “pre-cut off time”—

a

in relation to licensed premises and a day, means any time between when the premises first open that day for the purposes of selling alcohol for consumption on the premises and 11pm (but this is subject to paragraph (b));

b

in relation to licensed premises and a day throughout which the premises are open for the purposes of selling alcohol for consumption on the premises, means any time between when the premises are first open that day for the purposes of selling alcohol for consumption on the premises and 11pm.

12

Where a premises licence authorises the sale by retail of alcohol for consumption in an outdoor area of the licensed premises at some, but not all, of the times when it authorises the sale by retail of alcohol for consumption elsewhere on the premises, times when the premises are not open for the purposes of selling alcohol for consumption in the outdoor area of the premises are to be regarded for the purposes of this section as times when the premises are not “open for the purposes of selling alcohol for consumption on the premises”.

C16C17172GSummary off-sales reviews

1

A responsible authority may apply under this section to the relevant licensing authority for an off-sales review of a premises licence to which section 172F(2) or (5) applies on grounds which are relevant to one or more of the licensing objectives.

2

An “off-sales review” of a premises licence is a review of the licence in so far as it relates to—

a

in the case of a licence to which section 172F(2) applies, off-sales authorised by virtue of section 172F(2) (see subsection (5)), or

b

in the case of a licence to which section 172F(5) applies, the section 172F(5) condition or conditions (as the case may be) (see subsection (6)).

3

On receipt of such an application, the relevant licensing authority must—

a

within 48 hours of the time of its receipt, consider under section 172H whether it is necessary to take interim steps pending the determination of the off-sales review, and

b

within 28 days after the day of its receipt, review that licence in accordance with section 172I and reach a determination on that review.

4

In computing the period of 48 hours mentioned in subsection (3)(a) time that is not part of a working day is to be disregarded.

5

For the purposes of this section and sections 172H to 172J, “off-sales authorised by virtue of section 172F(2)”, in relation to a premises licence, means the sale by retail of alcohol for consumption off the licensed premises authorised by the authorisation granted by virtue of section 172F(2) (including that authorisation as subsequently varied or modified in so far as it has effect in relation to the relevant period).

6

For the purposes of this section and sections 172H to 172J, “section 172F(5) condition”, in relation to a premises licence, means a condition that has effect by virtue of section 172F(5)(a), (b) or (c) in relation to the licence (including such a condition as subsequently varied or modified in so far as it has effect in relation to the relevant period).

7

See section 172K regarding procedural requirements in relation to applications under this section, off-sales reviews and related hearings.

C16C17172HInterim steps pending off-sales review

1

This section applies to the consideration by a relevant licensing authority on an application under section 172G whether it is necessary to take interim steps pending the determination of the off-sales review.

2

The consideration may take place without the holder of the premises licence having been given an opportunity to make representations to the relevant licensing authority.

3

In the case of a premises licence to which section 172F(2) applies, the interim steps the relevant licensing authority must consider taking are—

a

the modification of the conditions of the licence in so far as it relates to off-sales authorised by virtue of section 172F(2);

b

the exclusion of off-sales authorised by virtue of section 172F(2) from the scope of the licence;

c

the suspension of off-sales authorised by virtue of section 172F(2).

4

In the case of a premises licence to which section 172F(5) applies, the interim steps the relevant licensing authority must consider taking are—

a

the alteration or omission of the section 172F(5) condition or conditions (as the case may be);

b

the addition of one or more new conditions which relate to a section 172F(5) condition.

5

But the steps taken under subsection (4) may not affect any conditions of the premises licence which exist immediately before the day on which section 172F comes into force.

6

Where on its consideration of whether to take interim steps the relevant licensing authority does take one or more such steps—

a

its decision takes effect immediately or as soon after that as the authority directs, but

b

it must give immediate notice of its decision and of its reasons for making it to—

i

the holder of the premises licence,

ii

the applicant under section 172G, and

iii

(if not the applicant), the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

7

Subject to subsection (11), if the holder of the premises licence makes, and does not withdraw, representations against any interim steps taken by the relevant licensing authority, the authority must, within 48 hours of the time of its receipt of the representations, hold a hearing to consider those representations.

8

The relevant licensing authority must give advance notice of the hearing to—

a

the holder of the premises licence, and

b

the applicant under section 172G.

9

At the hearing, the relevant licensing authority must—

a

consider whether the interim steps are appropriate for the promotion of the licensing objectives, and

b

determine whether to withdraw or modify the steps taken.

10

In considering those matters the relevant licensing authority must have regard to—

a

any representations made by any responsible authority, and

b

any representations made by the holder of the premises licence.

11

Where the relevant licensing authority has determined under subsection (9) whether to withdraw or modify the interim steps taken, the holder of the premises licence may only make further representations under subsection (7) if there has been a material change in circumstances since the authority made its determination.

12

In computing the period of 48 hours mentioned in subsection (7) time that is not part of a working day is to be disregarded.

C16C17172IOff-sales review of premises licence following review application

1

This section applies to an off-sales review of a premises licence which a relevant licensing authority has to conduct on an application under section 172G.

2

The relevant licensing authority must—

a

hold a hearing to consider the application for the review and any relevant representations, and

b

take such steps mentioned in subsection (3) or (4) (if any) as it considers appropriate for the promotion of the licensing objectives.

3

In the case of a premises licence to which section 172F(2) applies, those steps are—

a

the modification of the conditions of the licence in so far as it relates to off-sales authorised by virtue of section 172F(2);

b

the exclusion of off-sales authorised by virtue of section 172F(2) from the scope of the licence;

c

the suspension, for a period not exceeding three months, of off-sales authorised by virtue of section 172F(2).

4

In the case of a premises licence to which section 172F(5) applies, the steps referred to in subsection (2)(b) are—

a

the alteration or omission of the section 172F(5) condition or conditions (as the case may be);

b

the addition of one or more new conditions which relate to a section 172F(5) condition.

5

Subsection (2)(b) is subject to sections 19 to 21 (requirement to include certain conditions in premises licences).

6

And the steps taken under subsection (4) may not affect any conditions of the premises licence which exist immediately before the day on which section 172F comes into force.

7

In this section “relevant representations” means representations which—

a

are relevant to one or more of the licensing objectives, and

b

meet the requirements of subsection (8).

8

The requirements are—

a

that the representations are made by the holder of the premises licence, a responsible authority or any other person within the required period,

b

that they have not been withdrawn, and

c

if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

9

Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

10

Where the authority takes a step within subsection (3)(a) or (b) or (4), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

11

Where a relevant licensing authority determines an off-sales review under this section it must notify the determination and its reasons for making it to—

a

the holder of the premises licence,

b

the applicant under section 172G,

c

(if not the applicant), the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated), and

d

any person who made relevant representations.

12

A decision under this section does not have effect until—

a

the end of the period given for appealing against the decision, or

b

if the decision is appealed against, the time the appeal is disposed of.

13

In subsection (8)(a), “the required period” means the period provided for in regulation 39A(2) of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42) as applied with modifications by section 172K.

14

Section 172J makes provision about the application and review of any interim steps that have been taken under section 172H in relation to a premises licence before a decision under this section comes into effect in relation to the licence.

C16C17172JInterim steps pending section 172I decision coming into effect

1

At the hearing to consider an application for an off-sales review under section 172G, the relevant licensing authority must review any interim steps that have been taken by it under section 172H that have effect on the date of the hearing.

2

In conducting the review under this section, the relevant licensing authority must—

a

consider whether the interim steps are appropriate for the promotion of the licensing objectives,

b

consider any relevant representations, and

c

determine whether to withdraw or modify the interim steps taken.

3

In the case of a premises licence to which section 172F(2) applies, the power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—

a

the modification of the conditions of the licence in so far as it relates to off-sales authorised by virtue of section 172F(2);

b

the exclusion of off-sales authorised by virtue of section 172F(2) from the scope of the licence;

c

the suspension, for a period not exceeding three months, of off-sales authorised by virtue of section 172F(2).

4

In the case of a premises licence to which section 172F(5) applies, the power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—

a

the alteration or omission of the section 172F(5) condition or conditions (as the case may be);

b

the addition of one or more new conditions which relate to a section 172F(5) condition.

5

But the steps taken under subsection (4) may not affect any conditions of the premises licence which exist immediately before the day on which section 172F comes into force.

6

Any interim steps taken under subsection (3) or (4) apply until—

a

the end of the period given for appealing against a decision made under section 172I,

b

if the decision under section 172I is appealed against, the time the appeal is disposed of, or

c

the end of a period determined by the relevant licensing authority (which may not be longer than the period of time for which such interim steps could apply under paragraph (a) or (b)).

7

Any interim steps taken under section 172H in relation to a premises licence cease to have effect when the decision made under section 172I comes into effect.

8

In subsection (2) “relevant representations” means representations which—

a

are relevant to one or more of the licensing objectives, and

b

meet the requirements of subsection (9).

9

The requirements are—

a

that the representations are made by the holder of the premises licence, a responsible authority or any other person within the required period,

b

that they have not been withdrawn, and

c

if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

10

Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

11

In subsection (9)(a), “the required period” has the same meaning as in section 172I(8)(a).

172KC15Procedural requirements in relation to off-sales reviews and hearings

1

The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42)—

a

apply in relation to an application for an off-sales review under section 172G as they apply in relation to an application for a review of a premises licence under section 53A,

b

apply in relation to an off-sales review under section 172G as they apply in relation to a review of a premises licence under section 53A, and

c

apply in relation to representations under sections 172G to 172J as they apply in relation to representations under sections 53A to 53D.

2

In their application by virtue of subsection (1), those Regulations have effect with—

a

the modifications specified in the Table, and

b

any other necessary modifications.

3

This is the Table referred to in subsection (2)(a)—

Provision of S.I. 2005/42

Modifications

Regulation 2(1) (interpretation)

  1. a

    In the definition of “application”, as if for “or Part 4” there were substituted “, Part 4 or section 172G”.

  2. b

    In the definition of “representations”, as if for “or Part 8” there were substituted “, Part 8 or sections 172G to 172J”.

  3. c

    In the definition of “review”, as if after “8” there were inserted “or sections 172G to 172J”.

Regulation 16A (form and content of application)

As if for “Schedule 8A” there were substituted “Schedule 8”.

Regulation 36A(2) (notice of the review)

As if paragraph (b), and the “and” at the end of paragraph (a), were omitted.

Regulation 39A(1) (advertisement of application for review)

As if paragraph (b) were omitted.

Regulation 39A(2) (period for making representations)

As if for “The period prescribed for the purposes of section 53A(3)(e) of the Act” there were substituted “The period during which representations may be made by the holder of the premises licence, any responsible authority or any other person”.

Schedule 8 (prescribed form for application)

As if—

  1. a

    in the words before Part 1, “or club premises certificate” were omitted;

  2. b

    in the words before Part 1, for “51 / apply for the review of a club premises certificate under section 87” there were substituted “172G”;

  3. c

    in the words before Part 1, “(delete as applicable)” were omitted;

  4. d

    in Part 1, in the heading “or club premises” were omitted;

  5. e

    in Part 1, “or club holding club premises certificate” and “or club premises certificate” were omitted;

  6. f

    in Part 2, the text before part (C), except the heading of Part 2, were omitted;

  7. g

    in Part 2, for the heading of part (C) there were substituted “Details of responsible authority applicant”;

  8. h

    in Part 2, in the words after “when you have made them”, the first tick box option were omitted.

4

The Licensing Act 2003 (Hearings) Regulations 2005 (S.I. 2005/44)—

a

apply in relation to a hearing under section 172H as they apply in relation to a hearing under section 53B, and

b

apply in relation to a hearing under section 172I as they apply in relation to a hearing under section 53C.

5

In their application by virtue of subsection (4), those Regulations have effect with—

a

the modifications specified in the Table, and

b

any other necessary modifications.

6

This is the Table referred to in subsection (5)(a)—

Provision of S.I. 2005/44

Modifications

Regulation 2 (interpretation)

As if paragraph (4) were omitted.

Regulation 13(c) (power to extend time)

As if for the words from “section 53A” to the end there were substituted “section 172G (summary off-sales reviews) within the period specified in subsection (3)(b) of that section.”

In row 7A and column 2 of the Table in Schedule 2 (persons to whom notice of hearing is given)

As if for “section 53C(7)” there were substituted “section 172I(7)”, for “chief officer of police” there were substituted “person” and for “section 53A(1)” there were substituted “section 172G”.

In row 7A and column 3 of the Table in Schedule 3 (documents to accompany notice of hearing)

As if for “section 53C(7)” there were substituted “section 172I(7)”.

7

Regulation 2(3A) of the Licensing Act 2003 (Licensing authority’s register) (other information) Regulations (S.I. 2005/43) applies in relation to an application for an off-sales review under section 172G as it applies in relation to an application for a review under section 53A but as if for the words from “that it has been made” to the end there were substituted “the ground or grounds for the review”.

172LSections 172F to 172K: supplementary

1

In sections 172F to 172J—

a

“relevant licensing authority”, in relation to any licensed premises, has the same meaning as in Part 3;

b

“responsible authority”, in relation to any licensed premises, has the same meaning as in Part 3;

c

references to an authorisation granted by virtue of section 172F(2) include the condition or conditions to which that authorisation is subject.

2

In sections 172G to 172J—

  • “off-sales authorised by virtue of section 172F(2)”, in relation to a premises licence, has the meaning given in section 172G(5);

  • “section 172F(5) condition”, in relation to a premises licence, has the meaning given in section 172G(6);

  • “the relevant period” has the same meaning as in section 172F.

3

For the purposes of sections 172H(3)(a), 172I(3)(a) and 172J(3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

Exemptions etc.

I33173Activities in certain locations not licensable

1

An activity is not a licensable activity if it is carried on—

a

aboard an aircraft, hovercraft or railway vehicle engaged on a journey,

b

aboard a vessel engaged on an international journey,

c

at an approved wharf at a designated port or hoverport,

d

at an examination station at a designated airport,

e

at a royal palace,

f

at premises which, at the time when the activity is carried on, are permanently or temporarily occupied for the purposes of the armed forces of the Crown,

g

at premises in respect of which a certificate issued under section 174 (exemption for national security) has effect, or

h

at such other place as may be prescribed.

2

For the purposes of subsection (1) the period during which an aircraft, hovercraft, railway vehicle or vessel is engaged on a journey includes—

a

any period ending with its departure when preparations are being made for the journey, and

b

any period after its arrival at its destination when it continues to be occupied by those (or any of those) who made the journey (or any part of it).

3

The Secretary of State may by order designate a port, hoverport or airport for the purposes of subsection (1), if it appears to him to be one at which there is a substantial amount of international passenger traffic.

4

Any port, airport or hoverport where section 86A or 87 of the Licensing Act 1964 (c. 26) is in operation immediately before the commencement of this section is, on and after that commencement, to be treated for the purposes of subsection (1) as if it were designated.

5

But provision may by order be made for subsection (4) to cease to have effect in relation to any port, airport or hoverport.

6

For the purposes of this section—

  • “approved wharf” has the meaning given by section 20A of the Customs and Excise Management Act 1979 (c. 2);

  • “designated” means designated by an order under subsection (3);

  • “examination station” has the meaning given by section 22A of that Act;

  • “international journey” means—

    1. a

      a journey from a place in the United Kingdom to an immediate destination outside the United Kingdom, or

    2. b

      a journey from a place outside the United Kingdom to an immediate destination in the United Kingdom; and

  • “railway vehicle” has the meaning given by section 83 of the Railways Act 1993 (c. 43).

174Certifying of premises on grounds of national security

1

A Minister of the Crown may issue a certificate under this section in respect of any premises, if he considers that it is appropriate to do so for the purposes of safeguarding national security.

2

A certificate under this section may identify the premises in question by means of a general description.

3

A document purporting to be a certificate under this section is to be received in evidence and treated as being a certificate under this section unless the contrary is proved.

4

A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate given by a Minister of the Crown under this section is evidence of that certificate.

5

A Minister of the Crown may cancel a certificate issued by him, or any other Minister of the Crown, under this section.

6

The powers conferred by this section on a Minister of the Crown may be exercised only by a Minister who is a member of the Cabinet or by the Attorney General.

7

In this section “Minister of the Crown” has the meaning given by the Ministers of the Crown Act 1975 (c. 26).

175F90Exemption for incidental F438... lottery

1

The promotion of a lottery to which this section applies shall not constitute a licensable activity by reason only of one or more of the prizes in the lottery consisting of or including alcohol, provided that the alcohol is in a sealed container.

2

This section applies to an incidental F432... lottery (within the meaning of Part 1 of Schedule 11 to the Gambling Act 2005).

Service areas and garages etc.

I34176Prohibition of alcohol sales at service areas, garages etc.

1

No premises licence, club premises certificate or temporary event notice has effect to authorise the sale by retail or supply of alcohol on or from excluded premises.

2

In this section “excluded premises” means—

a

premises situated on land acquired or appropriated by a special road authority, and for the time being used, for the provision of facilities to be used in connection with the use of a special road provided for the use of traffic of class I (with or without other classes); or

b

premises used primarily as a garage or which form part of premises which are primarily so used.

3

The Secretary of State may by order amend the definition of excluded premises in subsection (2) so as to include or exclude premises of such description as may be specified in the order.

4

For the purposes of this section—

a

“special road” and “special road authority” have the same meaning as in the Highways Act 1980 (c. 66), except that “special road” includes a trunk road to which (by virtue of paragraph 3 of Schedule 23 to that Act) the provisions of that Act apply as if the road were a special road,

b

“class I” means class I in Schedule 4 to the Highways Act 1980 as varied from time to time by an order under section 17 of that Act, but if that Schedule is amended by such an order so as to add to it a further class of traffic, the order may adapt the reference in subsection (2)(a) to traffic of class I so as to take account of the additional class, and

c

premises are used as a garage if they are used for one or more of the following—

i

the retailing of petrol,

ii

the retailing of derv,

iii

the sale of motor vehicles,

iv

the maintenance of motor vehicles.

Small premises

177Dancing F312... in certain small premises

1

Subsection (2) applies where—

a

a premises licence authorises—

i

the supply of alcohol for consumption on the premises, and

ii

F319dancing, and

b

the premises—

i

are used primarily for the supply of alcohol for consumption on the premises, and

ii

have a permitted capacity of not more than 200 persons.

2

At any time when—

a

the premises—

i

are open for the purposes of being used for the supply of alcohol for consumption on the premises, and

ii

are being used for F320dancing, F321...

F321b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any licensing authority imposed condition of the premises licence which relates to F320dancing does not have effect F322... unless it falls within subsection (5) or (6).

F3233

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3234

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A condition falls within this subsection if the premises licence specifies that the licensing authority which granted the licence considers the imposition of the condition F306appropriate on one or both of the following grounds—

a

the prevention of crime and disorder,

b

public safety.

6

A condition falls within this subsection if, on a review of the premises licence—

a

it is altered so as to include a statement that this section does not apply to it, or

b

it is added to the licence and includes such a statement.

7

This section applies in relation to a club premises certificate as it applies in relation to a premises licence except that, in the application of this section in relation to such a certificate, the definition of “licensing authority imposed condition” in subsection (8) has effect as if for “section 18(3)(b)” to the end there were substituted “section 72(3)(b) (but is not referred to in section 72(2)) or which is imposed by virtue of section 85(3)(b) or 88(3)”.

8

In this section—

  • “licensing authority imposed condition” means a condition which is imposed by virtue of section 18(3)(b) (but is not referred to in section 18(2)(a)) or which is imposed by virtue of 35(3)(b), 52(3) or 167(5)(b) or in accordance with section 21;

  • “F316dancing” means—

    1. a

      entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1) F317... (g) of Schedule 1, F318...

    2. b

      F318...

  • “permitted capacity”, in relation to any premises, means—

    1. a

      F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. b

      F92. . . the limit on the number of persons who may be on the premises at any one time in accordance with a recommendation made by, or on behalf of, the F93fire and rescue authority for the area in which the premises are situated (or, if the premises are situated in the area of more than one F93fire and rescue authority, those authorities); and

  • “supply of alcohol” means—

    1. a

      the sale by retail of alcohol, or

    2. b

      the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

177AF315Licence review for live F415and recorded music

F4101

Subsection (2) applies where—

a

music takes place on premises which are authorised by a premises licence or club premises certificate to be used for the supply of alcohol for consumption on the premises,

b

at the time of the music, the premises are open for the purposes of being used for the supply of alcohol for consumption on the premises,

c

if the music is amplified, it takes place in the presence of an audience of no more than 500 persons, and

d

the music takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect in relation to music, during any times specified under that order).

2

Any condition of the premises licence or club premises certificate which relates to live musicF411, recorded music or both does not have effect in relation to the music unless it falls within subsection (3) or is added to the licence in accordance with subsection (4).

3

A condition falls within this subsection if, on a review of the premises licence or club premises certificate it is altered so as to include a statement that this section does not apply to it.

4

On a review of a premises licence or club premises certificate a licensing authority may (without prejudice to any other steps available to it under this Act) add a condition relating to F412... music as if—

a

the F412... music were regulated entertainment, and

b

the licence or certificate licensed the F412... music.

F4094A

This section does not apply to music which, by virtue of a provision other than paragraph 12A or 12C of Schedule 1, is not regarded as the provision of regulated entertainment for the purposes of this Act.

5

In this section—

  • “condition” means a condition—

    1. a

      included in a premises licence by virtue of section 18(2)(a) or (3)(b), 35(3)(b), 52(3) or 167(5)(b),

    2. b

      included in a club premises certificate by virtue of section 72(2)(a) or (3)(b), 85(3)(b) or 88(3),

    3. c

      added to a premises licence by virtue of its inclusion in an application to vary the licence in accordance with section 34 or 41A which is granted under section 35(2) or 41B(3) (as the case may be), or

    4. d

      added to a club premises certificate by virtue of its inclusion in an application to vary the certificate in accordance with section 84 or 86A which is granted under section 85(2) or 86B(3) (as the case may be);

  • “live music” means entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) of Schedule 1;

  • F413“music” means live music or recorded music or both;

  • F413“recorded music” means entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(f) of Schedule 1; and

  • “supply of alcohol” means—

    1. a

      the sale by retail of alcohol, or

    2. b

      the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

Rights of freeholders etc.

I35178Right of freeholder etc. to be notified of licensing matters

1

This section applies where—

a

a person with a property interest in any premises situated in the area of a licensing authority gives notice of his interest to that authority, and

b

the notice is in the prescribed form and accompanied by the prescribed fee.

2

The notice has effect for a period of 12 months beginning with the day it is received by the licensing authority.

3

If a change relating to the premises to which the notice relates is made to the register at a time when the notice has effect, the licensing authority must forthwith notify the person who gave the notice—

a

of the application, notice or other matter to which the change relates, and

b

of his right under section 8 to request a copy of the information contained in any entry in the register.

4

For the purposes of this section a person has a property interest in premises if—

a

he has a legal interest in the premises as freeholder or leaseholder,

b

he is a legal mortgagee (within the meaning of the Law of Property Act 1925 (c. 20)) in respect of the premises,

c

he is in occupation of the premises, or

d

he has a prescribed interest in the premises.

5

In this section—

a

a reference to premises situated in the area of a licensing authority includes a reference to premises partly so situated, and

b

“register” means the register kept under section 8 by the licensing authority mentioned in subsection (1)(a).

Rights of entry

179Rights of entry to investigate licensable activities

1

Where a constable or an authorised person has reason to believe that any premises are being, or are about to be, used for a licensable activity, he may enter the premises with a view to seeing whether the activity is being, or is to be, carried on under and in accordance with an authorisation.

F5171A

Where an immigration officer has reason to believe that any premises are being used for a licensable activity within section 1(1)(a) or (d), the officer may enter the premises with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the activity.

2

An authorised person F518or an immigration officer exercising F519a power conferred by this section must, if so requested, produce evidence of his authority to exercise the power.

3

A person exercising F520a power conferred by this section may, if necessary, use reasonable force.

4

A person commits an offence if he intentionally obstructs an authorised person F521or an immigration officer exercising a power conferred by this section.

5

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

6

In this section—

  • “authorisation” means—

    1. a

      a premises licence,

    2. b

      a club premises certificate, or

    3. c

      a temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied; F522...

  • “authorised person” means an authorised person within the meaning of Part 3 or 4 or an authorised officer within the meaning of section 108(5).

  • F523“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

7

Nothing in this section applies in relation to premises in respect of which there is a club premises certificate but no other authorisation.

C9180Right of entry to investigate offences

1

A constable may enter and search any premises in respect of which he has reason to believe that an offence under this Act has been, is being or is about to be committed.

2

A constable exercising a power conferred by this section may, if necessary, use reasonable force.

Appeals

I36181Appeals against decisions of licensing authorities

1

Schedule 5 (which makes provision for appeals against decisions of licensing authorities) has effect.

2

On an appeal in accordance with that Schedule against a decision of a licensing authority, a magistrates' court may—

a

dismiss the appeal,

b

substitute for the decision appealed against any other decision which could have been made by the licensing authority, or

c

remit the case to the licensing authority to dispose of it in accordance with the direction of the court,

and may make such order as to costs as it thinks fit.

Guidance, hearings etc.

182Guidance

1

The Secretary of State must issue guidance (“the licensing guidance”) to licensing authorities on the discharge of their functions under this Act.

F4582

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The Secretary of State may, from time to time, revise the licensing guidance.

F4594

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4595

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4596

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as he considers appropriate.

I37183Hearings

1

Regulations may prescribe the procedure to be followed in relation to a hearing held by a licensing authority under this Act and, in particular, may—

a

require a licensing authority to give notice of hearings to such persons as may be prescribed;

b

make provision for expedited procedures in urgent cases;

c

make provision about the rules of evidence which are to apply to hearings;

d

make provision about the legal representation at hearings of the parties to it;

e

prescribe the period within which an application, in relation to which a hearing has been held, must be determined or any other step in the procedure must be taken.

2

But a licensing authority may not make any order as to the costs incurred by a party in connection with a hearing under this Act.

184Giving of notices, etc.

1

This section has effect in relation to any document required or authorised by or under this Act to be given to any person (“relevant document”).

2

Where that person is a licensing authority, the relevant document must be given by addressing it to the authority and leaving it at or sending it by post to—

a

the principal office of the authority, or

b

any other office of the authority specified by it as one at which it will accept documents of the same description as that document.

3

In any other case the relevant document may be given to the person in question by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

4

A relevant document may—

a

in the case of a body corporate (other than a licensing authority), be given to the secretary or clerk of that body;

b

in the case of a partnership, be given to a partner or a person having the control or management of the partnership business;

c

in the case of an unincorporated association (other than a partnership), be given to an officer of the association.

5

For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of any person to whom a relevant document is to be given is his last known address, except that—

a

in the case of a body corporate or its secretary or clerk, it is the address of the registered office of that body or its principal office in the United Kingdom,

b

in the case of a partnership, a partner or a person having control or management of the partnership business, it is that of the principal office of the partnership in the United Kingdom, and

c

in the case of an unincorporated association (other than a partnership) or any officer of the association, it is that of its principal office in the United Kingdom.

6

But if a relevant document is given to a person in his capacity as the holder of a premises licence, club premises certificate or personal licence, or as the designated premises supervisor under a premises licence, his relevant registered address is also to be treated, for the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30), as his proper address.

7

In subsection (6) “relevant registered address”, in relation to such a person, means the address given for that person in the record for the licence or certificate (as the case may be) which is contained in the register kept under section 8 by the licensing authority which granted the licence or certificate.

8

The following provisions of the Local Government Act 1972 (c. 70)do not apply in relation to the service of a relevant document—

a

section 231 (service of notices on local authorities etc.),

b

section 233 (service of notices by local authorities).

185Provision of information

1

This section applies to information which is held by or on behalf of a licensing authority or a responsible authority (including information obtained by or on behalf of the authority before the coming into force of this section).

2

Information to which this section applies may be supplied—

a

to a licensing authority, or

b

to a responsible authority,

for the purposes of facilitating the exercise of the authority’s functions under this Act.

3

Information obtained by virtue of this section must not be further disclosed except to a licensing authority or responsible authority for the purposes mentioned in subsection (2).

4

In this section “responsible authority” means a responsible authority within the meaning of Part 3 or 4.

General provisions about offences

186Proceedings for offences

1

In this section “offence” means an offence under this Act.

2

Proceedings for an offence may be instituted—

a

F94except in the case of an offence under section 147A,by a licensing authority,

b

by the Director of Public Prosecutions, or

c

in the case of an offence under section 146 F95, 147 or 147A(sale of alcohol to children), by a local weights and measures authority (within the meaning of section 69 of the Weights and Measures Act 1985 (c. 72)).

3

In relation to any offence, section 127(1) of the Magistrates' Courts Act 1980 (information to be laid within six months of offence) is to have effect as if for the reference to six months there were substituted a reference to 12 months.

I38187Offences by bodies corporate etc.

1

If an offence committed by a body corporate is shown—

a

to have been committed with the consent or connivance of an officer, or

b

to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

2

If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

3

In subsection (1) “officer”, in relation to a body corporate, means—

a

a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, or

b

an individual who is a controller of the body.

4

If an offence committed by a partnership is shown—

a

to have been committed with the consent or connivance of a partner, or

b

to be attributable to any neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

5

In subsection (4) “partner” includes a person purporting to act as a partner.

6

If an offence committed by an unincorporated association (other than a partnership) is shown—

a

to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

b

to be attributable to any neglect on the part of such an officer or member,

that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.

7

Regulations may provide for the application of any provision of this section, with such modifications as the Secretary of State considers appropriate, to a body corporate or unincorporated association formed or recognised under the law of a territory outside the United Kingdom.

8

In this section “offence” means an offence under this Act.

188Jurisdiction and procedure in respect of offences

1

A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.

2

Proceedings for an offence alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

3

Rules of court relating to the service of documents are to have effect as if the association were a body corporate.

4

In proceedings for an offence brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate.

5

Proceedings for an offence may be taken—

a

against a body corporate or unincorporated association at any place at which it has a place of business;

b

against an individual at any place where he is for the time being.

6

Subsection (5) does not affect any jurisdiction exercisable apart from this section.

7

In this section “offence” means an offence under this Act.

Vessels, vehicles and moveable structures

189Vessels, vehicles and moveable structures

1

This Act applies in relation to a vessel which is not permanently moored or berthed as if it were premises situated in the place where it is usually moored or berthed.

2

Where a vehicle which is not permanently situated in the same place is, or is proposed to be, used for one or more licensable activities while parked at a particular place, the vehicle is to be treated for the purposes of this Act as if it were premises situated at that place.

3

Where a moveable structure which is not permanently situated in the same place is, or is proposed to be, used for one or more licensable activities while set in a particular place, the structure is to be treated for the purposes of this Act as if it were premises situated at that place.

4

Where subsection (2) applies in relation to the same vehicle, or subsection (3) applies in relation to the same structure, in respect of more than one place, the premises which by virtue of that subsection are situated at each such place are to be treated as separate premises.

5

Sections 29 to 31 (which make provision in respect of provisional statements relating to premises licences) do not apply in relation to a vessel, vehicle or structure to which this section applies.

Interpretation

190Location of sales

1

This section applies where the place where a contract for the sale of alcohol is made is different from the place where the alcohol is appropriated to the contract.

2

For the purposes of this Act the sale of alcohol is to be treated as taking place where the alcohol is appropriated to the contract.

191Meaning of “alcohol”

1

In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor F442(in any state), but does not include—

a

alcohol which is of a strength not exceeding 0.5% at the time of the sale or supply in question,

b

perfume,

c

flavouring essences recognised by the Commissioners of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor,

d

the aromatic flavouring essence commonly known as Angostura bitters,

e

alcohol which is, or is included in, a medicinal product F96or a veterinary medicinal product,

f

denatured alcohol,

g

methyl alcohol,

h

naphtha, or

i

alcohol contained in liqueur confectionery.

2

In this section—

  • “denatured alcohol” has the same meaning as in section 5 of the Finance Act 1995 (c. 4);

  • “dutiable alcoholic liquor” has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);

  • “liqueur confectionery” means confectionery which—

    1. a

      contains alcohol in a proportion not greater than 0.2 litres of alcohol (of a strength not exceeding 57%) per kilogram of the confectionery, and

    2. b

      either consists of separate pieces weighing not more than 42g or is designed to be broken into such pieces for the purpose of consumption;

  • “medicinal product” has the same meaning as in section 130 of the Medicines Act 1968 (c. 67); and

  • “strength” is to be construed in accordance with section 2 of the Alcoholic Liquor Duties Act 1979.

  • F97“veterinary medicinal product” has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2006

192Meaning of “sale by retail”

1

For the purposes of this Act “sale by retail”, in relation to any alcohol, means a sale of alcohol to any person, other than a sale of alcohol that—

a

is within subsection (2),

b

is made from premises owned by the person making the sale, or occupied by him under a lease to which the provisions of Part 2 of the Landlord and Tenant Act 1954 (c. 56) (security of tenure) apply, and

c

is made for consumption off the premises.

2

A sale of alcohol is within this subsection if it is—

a

to a trader for the purposes of his trade,

b

to a club, which holds a club premises certificate, for the purposes of that club,

c

to the holder of a personal licence for the purpose of making sales authorised by a premises licence,

d

to the holder of a premises licence for the purpose of making sales authorised by that licence, or

e

to the premises user in relation to a temporary event notice for the purpose of making sales authorised by that notice.

192AF514Entitlement to work in the United Kingdom

1

For the purposes of this Act an individual is entitled to work in the United Kingdom if—

a

the individual does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

b

the individual has been granted such leave and the leave—

i

is not invalid,

ii

has not ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), and

iii

is not subject to a condition preventing the individual from doing work relating to the carrying on of a licensable activity within section 1(1)(a) or (d).

2

Where an individual is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

a

the individual is to be treated for the purposes of subsection (1) as if the individual had been granted leave to enter the United Kingdom, but

b

any condition as to the individual's work in the United Kingdom to which the individual's immigration bail is subject is to be treated for those purposes as a condition of leave.

193Other definitions

F5571

In this Act—

  • “beer” has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);

  • “cider” has the same meaning as in that Act;

  • F98“community premises” means premises that are or form part of—

    1. a

      a church hall, chapel hall or other similar building, or

    2. b

      a village hall, parish hall, community hall or other similar building;

  • “crime prevention objective” means the licensing objective mentioned in section 4(2)(a) (prevention of crime and disorder);

  • “licensed premises” means premises in respect of which a premises licence has effect;

  • “licensing functions” is to be construed in accordance with section 4(1);

  • F99“management committee”, in relation to any community premises, means a committee or board of individuals with responsibility for the management of the premises;

  • “order”, except so far as the contrary intention appears, means an order made by the Secretary of State;

  • “premises” means any place and includes a vehicle, vessel or moveable structure;

  • “prescribed” means prescribed by regulations;

  • “recognised club” means a club which satisfies conditions 1 to 3 of the general conditions in section 62;

  • “regulations” means regulations made by the Secretary of State;

  • F100“relevant electronic facility” means—

    1. a

      the electronic assistance facility referred to in regulation 38 of the Provision of Services Regulations 2009, or

    2. b

      any facility established and maintained by a licensing authority for the purpose of receiving applications, notices or representations electronically;

  • “vehicle” means a vehicle intended or adapted for use on roads;

  • “vessel” includes a ship, boat, raft or other apparatus constructed or adapted for floating on water;

  • “wine” means—

    1. a

      “wine” within the meaning of the Alcoholic Liquor Duties Act 1979, and

    2. b

      “made-wine” within the meaning of that Act;

  • “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in England and Wales.

For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971.

F5562

For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971.

194Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the provisions indicated—

Expression

Interpretation provision

alcohol

section 191

associate member

section 67(2)

authorised person, in Part 3

section 13

authorised person, in Part 4

section 69

beer

section 193

cider

section 193

club premises certificate

section 60

F101community premises

section 193

conviction, in Part 6

section 114

crime prevention objective

section 193

designated premises supervisor

section 15

F539entitled to work in the United Kingdom

section 192A

foreign offence, in Part 6

section 113

given, in relation to a notice, etc.

section 184

guest

section 67(1)

F188. . .

F188. . .

F189. . .

F189. . .

F539immigration offence

section 113

F539immigration penalty (and required to pay, in relation to an immigration penalty)

section 113

interim authority notice

section 47

late night refreshment

Schedule 2

F191late temporary event notice

section 100A(1)(b)

licensable activity

section 1(1)

licensed premises

section 193

licensing authority

section 3(1)

licensing authority’s area

section 3(2)

licensing functions

sections 4(1) and 193

licensing objectives

section 4(2)

order

section 193

permitted temporary activity

section 98

personal licence

section 111(1)

premises

section 193

premises licence

section 11

premises user, in relation to a temporary event notice

section 100(2)

prescribed

section 193

provisional statement

section 29(3)

qualifying club

section 61

qualifying club activity

section 1(2)

recognised club

section 193

regulated entertainment

Schedule 1

regulations

section 193

F102relevant electronic facility

section 193

relevant licensing authority, in Part 3

section 12

relevant licensing authority, in Part 4

section 68

relevant licensing authority, in Part 5

section 99

relevant licensing authority, in Part 6

section 112

relevant offence, in Part 6

section 113

F190relevant person, in Part 5

section 99A

responsible authority, in Part 3

section 13

responsible authority, in Part 4

section 69

sale by retail, in relation to alcohol

section 192

secretary, in Part 4

section 70

F192standard temporary event notice

section 100A(1)(a)

supply of alcohol, in Part 3

section 14

supply of alcohol to members or guests, in relation to a club, in Part 4

section 70

temporary event notice

section 100(1)

vehicle

section 193

vessel

section 193

wine

section 193

working day

section 193

F539working illegally, in relation to the prevention of illegal working in licensed premises

section 193

Supplementary and general

C13195Crown application

1

This Act binds the Crown and has effect in relation to land in which there is—

a

an interest belonging to Her Majesty in right of the Crown,

b

an interest belonging to a government department, or

c

an interest held in trust for Her Majesty for the purposes of such a department.

2

This Act also applies to—

a

land which is vested in, but not occupied by, Her Majesty in right of the Duchy of Lancaster, and

b

land which is vested in, but not occupied by, the possessor for the time being of the Duchy of Cornwall.

3

No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.

4

Provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

5

But nothing in this Act affects Her Majesty in Her private capacity.

196Removal of privileges and exemptions

No privilege or exemption mentioned in section 199(a) or (b) of the Licensing Act 1964 (c. 26) (University of Cambridge and the Vintners of the City of London) operates to exempt any person from the requirements of this Act.

197Regulations and orders

1

Any power of the Secretary of State to make regulations or an order under this Act is exercisable by statutory instrument.

2

Regulations or an order under this Act—

a

may include incidental, supplementary, consequential or transitional provision or savings;

b

may make provision generally or only in relation to specified cases;

c

may make different provision for different purposes.

3

A statutory instrument containing regulations or an order under this Act, other than one containing—

a

an order under section 5(2) (order appointing start of first period for which statement of licensing policy to be prepared),

F103aa

an order under section 19A or 73B (orders in relation to mandatory licensing conditions),

b

an order under section 100(8)(alteration of maximum temporary event period),

c

an order under section 107(12) (alteration of limit on number of temporary event notices),

F104ca

an order under section 147A(9) (increase of maximum fine for offence of persistently selling alcohol to children) to which subsection (4A) applies;

d

an order under section 172 (relaxation of opening hours for special occasions),

e

an order under section 176(3) (order amending definition of “excluded premises” where alcohol sales are prohibited),

f

an order under section 201 (commencement), or

g

an order under paragraph 4 of Schedule 1 (power to amend meaning of regulated entertainment),

is subject to annulment in pursuance of a resolution of either House of Parliament.

4

A statutory instrument containing an order within F105subsection (3)(aa), (b),, (c), F106(ca),(d), (e) or (g) is not to be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

F1074A

This subsection applies to an order under section 147A(9) if it appears to the Secretary of State that the power to make the order is being exercised for purposes that are not confined to the increase of the maximum fine to take account of changes in the value of money.

5

If a draft of an order within subsection (3)(d) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

I39198Minor and consequential amendments

1

Schedule 6 (which makes minor and consequential amendments) has effect.

2

The Secretary of State may, in consequence of any provision of this Act or of any instrument made under it, by order make such amendments (including repeals or revocations) as appear to him to be appropriate in—

a

any Act passed, or

b

any subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30) made,

before that provision comes into force.

I40199Repeals

The enactments mentioned in Schedule 7 (which include provisions that are spent) are repealed to the extent specified.

I41200Transitional provision etc.

Schedule 8 (which makes transitional and transitory provision and savings) has effect.

P1201Short title, commencement and extent

1

This Act may be cited as the Licensing Act 2003.

2

The preceding provisions (and the Schedules) come into force in accordance with provision made by order.

3

Subject to subsections (4) and (5), this Act extends to England and Wales only.

4

Section 155(1) also extends to Northern Ireland.

5

An amendment or repeal contained in Schedule 6 or 7 has the same extent as the enactment to which it relates.

Annotations:
Subordinate Legislation Made
P1

S. 200(2) power partly exercised: 17.7.2003 appointed for specified provisions by {S.I. 2003/1911}, art. 2

S. 200(2) power partly exercised: 10.9.2003 appointed for specified provisions by {S.I. 2003/2100}, art. 2

S. 200(2) power partly exercised: 16.12.2003 appointed for specified provisions by {S.I. 2003/3222}, art. 2, Sch.

S. 200(2) power partly exercised: 17.7.2004 appointed for specified provisions by {S.I. 2004/1738}, art. 2

S. 200(2) power partly exercised: 7.2.2005 appointed for specified provisions by {S.I. 2004/2360}, art. 2

S. 200(2) power partly exercised: 7.8.2005 appointed for specified provisions by {S.I. 2005/2090}, art. 2, Sch.

S. 200(2) power partly exercised: 10.11.2005 and 24.11.2005 appointed for specified provisions by {S.I. 2005/3056}, art. 2 (with art. 3, Sch.)

SCHEDULES

SCHEDULE 1Provision of regulated entertainment

Section 1

Part 1General definitions

The provision of regulated entertainment

1

F3251

For the purposes of this Act, the “provision of regulated entertainment” means the provision of entertainment of a description falling within paragraph 2 where the conditions in sub-paragraphs (2) and (3) are satisfied.

2

The first condition is that the entertainment is F326... provided—

a

to any extent for members of the public or a section of the public,

b

exclusively for members of a club which is a qualifying club in relation to the provision of regulated entertainment, or for members of such a club and their guests, or

c

in any case not falling within paragraph (a) or (b), for consideration and with a view to profit.

F3273

The second condition is that the premises on which the entertainment is provided are made available for the purpose, or for purposes which include the purpose, of enabling the entertainment concerned to take place.

F3284

For the purposes of sub-paragraph (2)(c), entertainment is to be regarded as provided for consideration only if any charge—

a

is made by or on behalf of any person concerned in the organisation or management of that entertainment, and

b

is paid by or on behalf of some or all of the persons for whom that entertainment is provided.

5

In sub-paragraph (4), “charge” includes any charge for the provision of goods or services.

6

For the purposes of sub-paragraph (4)(a), where the entertainment consists of the performance of live music or the playing of recorded music, a person performing or playing the music is not concerned in the organisation or management of the entertainment by reason only that he does one or more of the following—

a

chooses the music to be performed or played,

b

determines the manner in which he performs or plays it,

F329c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

This paragraph is subject to Part 2 of this Schedule (exemptions).

Entertainment

2

1

The descriptions of entertainment are—

a

a performance of a play,

b

an exhibition of a film,

c

an indoor sporting event,

d

a boxing or wrestling entertainment,

e

a performance of live music,

f

any playing of recorded music,

g

a performance of dance,

h

entertainment of a similar description to that falling within paragraph (e), (f) or (g),

where F354the following conditions are satisfied (so far as relevant).

F3561A

The first condition is that the entertainment—

a

takes place in the presence of an audience, and

b

is provided for the purpose, or for purposes which include the purpose, of entertaining that audience.

1B

The second condition is relevant only to a performance of a play, and is that one or more of the following applies—

a

the audience consists of more than 500 persons;

b

the entertainment takes place before 8am on any day;

c

the entertainment takes place after 11pm on any day.

1C

The third condition is relevant only to an indoor sporting event, and is that one or more of the following applies—

a

the audience consists of more than 1000 persons;

b

the entertainment takes place before 8am on any day;

c

the entertainment takes place after 11pm on any day.

1D

The fourth condition is relevant only to a performance of dance, and is that one or more of the following applies—

a

the audience consists of more than 500 persons;

b

the entertainment takes place before 8am on any day;

c

the entertainment takes place after 11pm on any day;

d

the entertainment is relevant entertainment within the meaning of paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (meaning of “sexual entertainment venue”).

1E

So much of any entertainment of a description specified in paragraphs (a) to (h) of sub-paragraph (1) as does not satisfy the conditions in sub-paragraphs (1A) to (1D) (so far as relevant) is not to be regarded as falling within sub-paragraph (1).

2

Any reference in F355in this paragraph to an audience includes a reference to spectators.

3

This paragraph is subject to Part 3 of this Schedule (interpretation).

Entertainment facilities

F3243

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend Schedule

F3334

The Secretary of State may by order amend this Schedule for the purposes of modifying the descriptions of entertainment specified in paragraph 2, and for this purpose “modify” includes adding, varying or removing any description.

Part 2Exemptions

Film exhibitions for the purposes of advertisement, information, education, etc.

5

The provision of entertainment consisting of the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act if its sole or main purpose is to—

a

demonstrate any product,

b

advertise any goods or services, or

c

provide information, education or instruction.

Film exhibitions: museums and art galleries

6

The provision of entertainment consisting of the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act if it consists of or forms part of an exhibit put on show for any purposes of a museum or art gallery.

F416Film exhibitions: community premises

Annotations:
Amendments (Textual)
F416

Sch. 1 para. 6A and cross-heading inserted (6.4.2015) by Deregulation Act 2015 (c. 20), ss. 76, 115(7); S.I. 2015/994, art. 3(c)

6A

1

The provision of entertainment consisting of the exhibition of a film at community premises is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the following conditions are satisfied.

2

The first condition is that prior written consent for the entertainment to take place at the community premises has been obtained, by or on behalf of a person concerned in the organisation or management of the entertainment—

a

from the management committee of the community premises, or

b

where there is no management committee, from—

i

a person who has control of the community premises (as occupier or otherwise) in connection with the carrying on by that person of a trade, business or other undertaking (for profit or not), or

ii

where there is no such person, an owner of the community premises.

3

The second condition is that the entertainment is not provided with a view to profit.

4

The third condition is that the entertainment takes place in the presence of an audience of no more than 500 persons.

5

The fourth condition is that the entertainment takes place between 8am and 11pm on the same day.

6

The fifth condition is that the film classification body or the relevant licensing authority has made a recommendation concerning the admission of children to an exhibition of the film and—

a

where a recommendation has been made only by the film classification body, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that body;

b

where a recommendation has been made only by the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that authority;

c

where recommendations have been made both by the film classification body and the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of the relevant licensing authority.

7

In sub-paragraph (6) the reference to the “relevant licensing authority”, in relation to the exhibition of a film at particular community premises, is a reference to—

a

the licensing authority in whose area the premises are situated, or

b

where the premises are situated in the areas of two or more licensing authorities, those authorities or (as the context requires) such of those authorities as have made a recommendation.

8

In this paragraph—

  • “children” and “film classification body” have the same meaning as in section 20;

  • “owner”, in relation to community premises, means—

    1. a

      a person who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or

    2. b

      a person who holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

Music F417and film incidental to certain other activities

Annotations:
Amendments (Textual)
F417

Words in Sch. 1 para. 7 cross-heading inserted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 3(2)(a)

F3347

The provision of entertainment consisting of the performance of live musicF414, the playing of recorded music or the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is incidental to some other activity which is not itself a description of entertainment falling within paragraph 2.

Use of television or radio receivers

8

The provision of any entertainment F335... is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the simultaneous reception and playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (c. 42).

Religious services, places of worship etc.

9

The provision of any entertainment F311...—

a

for the purposes of, or for purposes incidental to, a religious meeting or service, or

b

at a place of public religious worship,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

Garden fêtes, etc.

10

1

The provision of any entertainment F336... at a garden fête, or at a function or event of a similar character, is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

2

But sub-paragraph (1) does not apply if the fête, function or event is promoted with a view to applying the whole or part of its proceeds for purposes of private gain.

3

In sub-paragraph (2) “private gain”, in relation to the proceeds of a fête, function or event, is to be construed in accordance with F109section 19(3) of the Gambling Act 2005.

Morris dancing etc.

11

The provision of any entertainment F330... is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the provision of—

a

a performance of morris dancing or any dancing of a similar nature or F331the playing of live or recorded music that forms an integral part of such a performance , or

F332b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F110Sexual entertainment venues

Annotations:
Amendments (Textual)
F110

Sch. 1 para. 11A inserted (6.4.2010 for E. and 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 23; S.I. 2010/722, art. 3 (with arts. 4-12); S.I. 2010/999, art. 3; S.I. 2010/1375, art. 3 (with transitional provisions and savings in S.I. 2010/1395, arts. 3, 10)

11A

1

The provision of relevant entertainment—

a

at premises for which a licence for a sexual entertainment venue is required (or the requirement has been waived) by virtue of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, and

b

of a kind, and in a way, by virtue of which the premises qualify as such a venue,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

2

The provision of relevant entertainment—

a

at premises which are subject to a licence for a sexual entertainment venue but are not such a venue merely because of the operation of paragraph 2A(3)(b) of Schedule 3 to the Act of 1982, and

b

of a kind, and in a way, by virtue of which the premises would qualify as such a venue but for the operation of that paragraph,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

3

The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is an integral part of such provision of relevant entertainment as falls within sub-paragraph (1) or (2).

F3374

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In this paragraph—

  • “premises” has the meaning given by paragraph 2A(14) of Schedule 3 to the Act of 1982;

  • “relevant entertainment” has the meaning given by paragraph 2A(2) of that Schedule to that Act;

  • “sexual entertainment venue” has the meaning given by paragraph 2A(1) of that Schedule to that Act.

Vehicles in motion

12

The provision of any entertainment F338...—

a

on premises consisting of or forming part of a vehicle, and

b

at a time when the vehicle is not permanently or temporarily parked,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

F418Entertainment provided by health care providers, local authorities and school proprietors

Annotations:
Amendments (Textual)

12ZA

1

The provision of any entertainment by or on behalf of a health care provider, local authority or school proprietor is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraphs (2) to (5) are satisfied.

2

The first condition is that the entertainment takes place—

a

if it is provided by or on behalf of a health care provider, on any premises forming part of a hospital—

i

in which that provider has a relevant property interest, or

ii

which are lawfully occupied by that provider,

b

if it is provided by or on behalf of a local authority, on any premises in which that authority has a relevant property interest or which are lawfully occupied by that authority, and

c

if it is provided by or on behalf of a school proprietor, on the premises of the school.

3

The second condition is that the premises are not domestic premises.

4

The third condition is that the entertainment takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect in relation to that entertainment, during any times specified under that order).

5

The fourth condition is that the entertainment is not relevant entertainment within the meaning of paragraph 2A(2) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (meaning of “sexual entertainment venue”).

6

For the purposes of this paragraph, a person has a relevant property interest in premises if that person—

a

is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or

b

holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

7

In sub-paragraph (3), “domestic premises” means premises occupied as a private dwelling, including any garden, yard, garage, outhouse or other appurtenance of such premises whether or not used in common by the occupants of more than one such dwelling.

Music at community premises etc.

12ZB

1

The provision of entertainment consisting of one or both of the following is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraphs (2) to (6) are satisfied—

a

a performance of live music;

b

the playing of recorded music.

2

The first condition is that the entertainment takes place at—

a

community premises that are not authorised, by a premises licence or club premises certificate, to be used for the supply of alcohol for consumption on the premises,

b

the premises of a hospital,

c

premises in which a local authority has a relevant property interest or which are lawfully occupied by a local authority, or

d

the premises of a school.

3

The second condition is that the premises are not domestic premises (within the meaning of paragraph 12ZA(7)).

4

The third condition is that the entertainment takes place in the presence of an audience of no more than 500 persons.

5

The fourth condition is that the entertainment takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect in relation to that entertainment, during any times specified under that order).

6

The fifth condition is that a person concerned in the organisation or management of the entertainment has obtained the prior written consent of a relevant person for the entertainment to take place.

7

In sub-paragraph (6), “relevant person” means—

a

where the entertainment takes place at community premises—

i

the management committee of the premises, or

ii

if there is no management committee, a person who has control of the premises (as occupier or otherwise) in connection with the carrying on by that person of a trade, business or other undertaking (for profit or not) or (in the absence of such a person) a person with a relevant property interest in the premises;

b

where the entertainment takes place at the premises of a hospital, a health care provider which has a relevant property interest in or lawfully occupies those premises;

c

where the entertainment takes place at premises in which a local authority has a relevant property interest or which are lawfully occupied by a local authority, that authority;

d

where the entertainment takes place at the premises of a school, the school proprietor.

8

Paragraph 12ZA(6) (meaning of “relevant property interest”) applies for the purposes of this paragraph as it applies for the purposes of paragraph 12ZA.

F419Music in licensed venues

Annotations:
Amendments (Textual)

12A

1

The provision of entertainment consisting of one or both of the following is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraph (2) are satisfied—

a

a performance of live music;

b

the playing of recorded music.

2

The conditions referred to in sub-paragraph (1) are that—

a

the requirements of section 177A(1) are satisfied, and

b

conditions are not included in the premises licence or club premises certificate referred to in section 177A(1)(a) by virtue of section 177A(3) or (4).

F313Live music in workplaces

Annotations:
Amendments (Textual)
F313

Sch. 1 para. 12B and cross-heading inserted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 3(4), 4(2); S.I. 2012/2115, art. 2

12B

The provision of entertainment consisting of a performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act, provided that—

a

the place where the performance is provided is not licensed under this Act (or is so licensed only for the provision of late night refreshment) but is a workplace as defined in regulation 2(1) of the Workplace (Health, Safety and Welfare) Regulations 1992,

b

the performance takes place in the presence of an audience of no more than F422500 persons, and

c

the performance takes place between 8am and 11pm on the same day.

F314Live unamplified music

Annotations:
Amendments (Textual)
F314

Sch. 1 para. 12C and cross-heading inserted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 3(5), 4(2); S.I. 2012/2115, art. 2

12C

The provision of entertainment consisting of a performance of live music is not (subject to section 177A(3) and (4)) to be regarded as the provision of regulated entertainment for the purposes of this Act provided that the music—

a

is unamplified; and

b

takes place between 8am and 11pm on the same day.

F420Circuses

Annotations:
Amendments (Textual)

12D

1

The provision of any entertainment that consists of or forms part of a performance by a travelling circus is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraphs (2) to (5) are satisfied.

2

The first condition is that the entertainment is not of a description falling within paragraph 2(1)(b) (exhibition of a film) or paragraph 2(1)(d) (boxing or wrestling entertainment).

3

The second condition is that the entertainment takes place between 8am and 11pm on the same day.

4

The third condition is that—

a

the entertainment takes place wholly within a moveable structure, and

b

the audience present is accommodated wholly inside that moveable structure.

5

The fourth condition is that the travelling circus has not been located on the same site for more than 28 consecutive days.

6

In this paragraph, “travelling circus” means a circus which travels from site to site for the purpose of giving performances.

Boxing or wrestling entertainment: certain forms of wrestling

12E

The provision of entertainment consisting of a boxing or wrestling entertainment is not to be regarded as the provision of regulated entertainment for the purposes of this Act if—

a

it is a contest, exhibition or display of Greco-Roman wrestling, or of freestyle wrestling, between two participants (regardless of their sex),

b

it takes place in the presence of no more than 1000 spectators,

c

it takes place between 8am and 11pm on the same day,

d

it takes place wholly inside a building, and

e

the spectators present at that entertainment are accommodated wholly inside that building.

Part 3Interpretation

General

13

This Part has effect for the purposes of this Schedule.

Plays

14

1

A “performance of a play” means a performance of any dramatic piece, whether involving improvisation or not,—

a

which is given wholly or in part by one or more persons actually present and performing, and

b

in which the whole or a major proportion of what is done by the person or persons performing, whether by way of speech, singing or action, involves the playing of a role.

2

In this paragraph, “performance” includes rehearsal (and “performing” is to be construed accordingly).

Film exhibitions

15

An “exhibition of a film” means any exhibition of moving pictures.

Indoor sporting events

16

1

An “indoor sporting event” is a sporting event—

a

which takes place wholly inside a building, and

b

at which the spectators present at the event are accommodated wholly inside that building.

2

In this paragraph—

  • “building” means any roofed structure (other than a structure with a roof which may be opened or closed) and includes a vehicle, vessel or moveable structure,

  • “sporting event” means any contest, exhibition or display of any sport F352other than a boxing or wrestling entertainment, and

  • “sport” includes—

    1. a

      any game in which physical skill is the predominant factor, and

    2. b

      any form of physical recreation which is also engaged in for purposes of competition or display.

Boxing or wrestling entertainments

17

A “boxing or wrestling entertainment” is any contest, exhibition or display of boxing or wrestlingF353, or which combines boxing or wrestling with one or more martial arts.

Music

18

“Music” includes vocal or instrumental music or any combination of the two.

F421Health care providers and hospitals

Annotations:
Amendments (Textual)
F421

Sch. 1 paras. 19-21 and cross-headings inserted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 4

19

1

“Health care provider” means a person providing any form of health care services for individuals.

2

In sub-paragraph (1), “health care” means all forms of health care provided for individuals, whether relating to physical or mental health, and the reference to health care services is to be read accordingly.

3

“Hospital”—

a

in England, has the same meaning as in section 275 of the National Health Service Act 2006, and

b

in Wales, has the same meaning as in section 206 of the National Health Service (Wales) Act 2006.

Local authorities

20

“Local authority” means—

a

a local authority within the meaning of section 270 of the Local Government Act 1972;

b

the Greater London Authority;

c

the Common Council of the City of London;

d

the Council of the Isles of Scilly;

e

a National Park authority established by an order under section 63(1) of the Environment Act 1995 for an area in England or Wales;

f

the Broads Authority; and

g

the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple.

Schools, school proprietors and school premises

21

1

“School” means—

a

a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998;

b

an independent school as defined by section 463 of the Education Act 1996 entered on a register of independent schools kept under section 158 of the Education Act 2002;

c

an independent educational institution within section 92(1)(b) of the Education and Skills Act 2008 entered on a register of independent educational institutions kept under section 95 of that Act;

d

a pupil referral unit as defined by section 19 F589or 19A of the Education Act 1996;

e

an alternative provision Academy within the meaning of section 1C(3) of the Academies Act 2010, other than an independent school as defined by section 463 of the Education Act 1996;

f

a school approved under section 342 of the Education Act 1996 (non-maintained special schools);

g

a 16 to 19 Academy within the meaning of section 1B(3) of the Academies Act 2010;

h

a sixth form college as defined by section 91(3A) of the Further and Higher Education Act 1992; and

i

a maintained nursery school as defined by section 22(9) of the Schools Standards and Framework Act 1998.

2

“School proprietor” means—

a

in relation to a school (other than a pupil referral unit or a sixth form college), the person or body of persons responsible for the management of the school,

b

in relation to a pupil referral unit—

i

the committee which is established to act as the management committee for that unit by virtue of paragraph 15 of Schedule 1 to the Education Act 1996, or

ii

if there is no such committee, the local authority (as defined by section 579(1) of that Act) which maintains that unit,

c

in relation to a sixth form college, the sixth form college corporation as defined in section 90(1) of the Further and Higher Education Act 1992.

3

In relation to a school, “premises” includes any detached playing fields.

SCHEDULE 2Provision of late night refreshment

Section 1

The provision of late night refreshment

1

1

For the purposes of this Act, a person “provides late night refreshment” if—

a

at any time between the hours of 11.00 p.m. and 5.00 a.m., he supplies hot food or hot drink to members of the public, or a section of the public, on or from any premises, whether for consumption on or off the premises, or

b

at any time between those hours when members of the public, or a section of the public, are admitted to any premises, he supplies, or holds himself out as willing to supply, hot food or hot drink to any persons, or to persons of a particular description, on or from those premises, whether for consumption on or off the premises,

unless the supply is an exempt supply by virtue of paragraph F4312A, 3, 4 or 5.

2

References in this Act to the “provision of late night refreshment” are to be construed in accordance with sub-paragraph (1).

3

This paragraph is subject to the following provisions of this Schedule.

Hot food or hot drink

2

Food or drink supplied on or from any premises is “hot” for the purposes of this Schedule if the food or drink, or any part of it,—

a

before it is supplied, is heated on the premises or elsewhere for the purpose of enabling it to be consumed at a temperature above the ambient air temperature and, at the time of supply, is above that temperature, or

b

after it is supplied, may be heated on the premises for the purpose of enabling it to be consumed at a temperature above the ambient air temperature.

F429Exempt supplies: designated areas, descriptions of premises and times

Annotations:
Amendments (Textual)
F429

Sch. 2 para. 2A and cross-heading inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 71(3), 115(7); S.I. 2015/1732, art. 2(h)

2A

1

The supply of hot food or hot drink is an exempt supply for the purposes of paragraph 1(1) if it takes place—

a

on or from premises which are wholly situated in an area designated by the relevant licensing authority;

b

on or from premises which are of a description designated by the relevant licensing authority; or

c

during a period (beginning no earlier than 11.00 p.m. and ending no later than 5.00 a.m.) designated by the relevant licensing authority.

2

A licensing authority may designate a description of premises under sub-paragraph (1)(b) only if the description is one that is prescribed by regulations.

3

A designation under sub-paragraph (1) may be varied or revoked by the licensing authority that made it.

4

A licensing authority that makes, varies or revokes a designation under sub-paragraph (1) must publish the designation, variation or revocation.

5

In sub-paragraph (1) references to the “relevant licensing authority”, in relation to a supply of hot food or hot drink, are references to—

a

the licensing authority in whose area the premises on or from which the food or drink is supplied are situated, or

b

where those premises are situated in the areas of two or more licensing authorities, any of those authorities.

Exempt supplies: clubs, hotels etc. and employees

3

1

The supply of hot food or hot drink on or from any premises at any time is an exempt supply for the purposes of paragraph 1(1) if, at that time, a person will neither—

a

be admitted to the premises, nor

b

be supplied with hot food or hot drink on or from the premises,

except by virtue of being a person of a description falling within sub-paragraph (2).

2

The descriptions are that—

a

he is a member of a recognised club,

b

he is a person staying at a particular hotel, or at particular comparable premises, for the night in question,

c

he is an employee of a particular employer,

d

he is engaged in a particular trade, he is a member of a particular profession or he follows a particular vocation,

e

he is a guest of a person falling within any of paragraphs (a) to (d).

3

The premises which, for the purposes of sub-paragraph (2)(b), are comparable to a hotel are—

a

a guest house, lodging house or hostel,

b

a caravan site or camping site, or

c

any other premises the main purpose of maintaining which is the provision of facilities for overnight accommodation.

Exempt supplies: premises licensed under certain other Acts

4

The supply of hot food or hot drink on or from any premises is an exempt supply for the purposes of paragraph 1(1) if it takes place during a period for which—

a

the premises may be used for a public exhibition of a kind described in section 21(1) of the Greater London Council (General Powers) Act 1966 (c. xxviii) by virtue of a licence under that section, or

b

the premises may be used as near beer premises within the meaning of section 14 of the London Local Authorities Act 1995 (c. x) by virtue of a licence under section 16 of that Act.

Miscellaneous exempt supplies

5

1

The following supplies of hot food or hot drink are exempt supplies for the purposes of paragraph 1(1)—

a

the supply of hot drink which consists of or contains alcohol,

b

the supply of hot drink by means of a vending machine,

c

the supply of hot food or hot drink free of charge,

d

the supply of hot food or hot drink by a registered charity or a person authorised by a registered charity,

e

the supply of hot food or hot drink on a vehicle at a time when the vehicle is not permanently or temporarily parked.

2

Hot drink is supplied by means of a vending machine for the purposes of sub-paragraph (1)(b) only if—

a

the payment for the hot drink is inserted into the machine by a member of the public, and

b

the hot drink is supplied directly by the machine to a member of the public.

3

Hot food or hot drink is not to be regarded as supplied free of charge for the purposes of sub-paragraph (1)(c) if, in order to obtain the hot food or hot drink, a charge must be paid—

a

for admission to any premises, or

b

for some other item.

F1524

In sub-paragraph (1)(d) “registered charity” means--

a

a charity which is registered in accordance with section 30 of the Charities Act 2011, or

b

a charity which by virtue of subsection (2) of that section is not required to be so registered.

Clubs which are not recognised clubs: members and guests

6

For the purposes of this Schedule—

a

the supply of hot food or hot drink to a person as being a member, or the guest of a member, of a club which is not a recognised club is to be taken to be a supply to a member of the public, and

b

the admission of any person to any premises as being such a member or guest is to be taken to be the admission of a member of the public.

SCHEDULE 3Matters to be entered in licensing register

Section 8

The licensing register kept by a licensing authority under section 8 must contain a record of the following matters—

a

any application made to the licensing authority under section 17 (grant of premises licence),

b

any application made to it under section 25 (theft etc. of premises licence or summary),

c

any notice given to it under section 28 (surrender of premises licence),

d

any application made to it under section 29 (provisional notice in respect of premises),

e

any notice given to it under section 33 (change of name, etc. of holder of premises licence),

f

any application made to it under section 34 (variation of premises licence),

g

any application made to it under section 37 (variation of licence to specify individual as premises supervisor),

h

any notice given to it under section 41 (request from designated premises supervisor for removal from premises licence),

i

any application made to it under section 42 (transfer of premises licence),

j

any notice given to it under section 47 (interim authority notice),

k

any application made to it under section 51 (review of premises licence),

l

any application made to it under section 71 (application for club premises certificate),

m

any application made to it under section 79 (theft, loss, etc. of certificate or summary),

n

any notice given to it under section 81 (surrender of club premises certificate),

o

any notice given to it under section 82 or 83 (notification of change of name etc.),

p

any application made to it under section 84 (application to vary club premises certificate),

q

any application made to it under section 87 (application for review of club premises certificate),

r

any notice given to it under section 103 (withdrawal of temporary event notice),

s

any counter notice given by it under section 105 (counter notice following police objection to temporary event notice),

t

any copy of a temporary event notice give to it under section 106 (notice given following the making of modifications to a temporary event notice with police consent),

u

any application made to it under section 110 (theft etc. of temporary event notice),

v

any notice given to it under section 116 (surrender of personal licence),

w

any application made to it under section 117 (grant F439... of personal licence),

x

any application made to it under section 126 (theft, loss or destruction of personal licence),

y

any notice given to it under section 127 (change of name, etc. of personal licence holder),

z

any notice given to it under F441section 80(9) or 84(7) of the Anti-social Behaviour, Crime and Policing Act 2014 (notification by court of closure order),

zi

any application under paragraph 2 of Schedule 8 (application for conversion of old licences into premises licence),

zii

any application under paragraph 14 of that Schedule (application for conversion of club certificate into club premises certificate).

SCHEDULE 4Personal licence: relevant offences

Section 113

1

An offence under this Act.

2

An offence under any of the following enactments—

a

Schedule 12 to the London Government Act 1963 (c. 33) (public entertainment licensing);

b

the Licensing Act 1964 (c. 26);

c

the Private Places of Entertainment (Licensing) Act 1967 (c. 19);

d

section 13 of the Theatres Act 1968 (c. 54);

e

the Late Night Refreshment Houses Act 1969 (c. 53);

f

section 6 of, or Schedule 1 to, the Local Government (Miscellaneous Provisions) Act 1982 (c. 30);

g

the Licensing (Occasional Permissions) Act 1983 (c. 24);

h

the Cinemas Act 1985 (c. 13);

i

the London Local Authorities Act 1990 (c. vii).

F5692A

An offence under the Public Health (Minimum Price for Alcohol) (Wales) Act 2018.

3

An offence under the Firearms Act 1968 (c. 27).

4

An offence under section 1 of the Trade Descriptions Act 1968 (c. 29) (false trade description of goods) in circumstances where the goods in question are or include alcohol.

5

An offence under any of the following provisions of the Theft Act 1968 (c. 60)—

a

section 1 (theft);

b

section 8 (robbery);

c

section 9 (burglary);

d

section 10 (aggravated burglary);

e

section 11 (removal of articles from places open to the public);

f

section 12A (aggravated vehicle-taking), in circumstances where subsection (2)(b) of that section applies and the accident caused the death of any person;

g

section 13 (abstracting of electricity);

h

section 15 (obtaining property by deception);

i

section 15A (obtaining a money transfer by deception);

j

section 16 (obtaining pecuniary advantage by deception);

k

section 17 (false accounting);

l

section 19 (false statements by company directors etc.);

m

section 20 (suppression, etc. of documents);

n

section 21 (blackmail);

o

section 22 (handling stolen goods);

p

section 24A (dishonestly retaining a wrongful credit);

q

section 25 (going equipped for stealing etc.).

6

An offence under section 7(2) of the Gaming Act 1968 (c. 65) (allowing child to take part in gaming on premises licensed for the sale of alcohol).

7

An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

a

section 4(2) (production of a controlled drug);

b

section 4(3) (supply of a controlled drug);

c

section 5(3) (possession of a controlled drug with intent to supply);

d

section 8 (permitting activities to take place on premises).

F5127A

An offence under any of the Immigration Acts.

8

An offence under either of the following provisions of the Theft Act 1978 (c. 31)—

a

section 1 (obtaining services by deception);

b

section 2 (evasion of liability by deception).

9

An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2)—

a

section 170 (disregarding subsection (1)(a)) (fraudulent evasion of duty etc.);

b

section 170B (taking preparatory steps for evasion of duty).

10

An offence under either of the following provisions of the Tobacco Products Duty Act 1979 (c. 7)—

a

section 8G (possession and sale of unmarked tobacco);

b

section 8H (use of premises for sale of unmarked tobacco).

11

An offence under the Forgery and Counterfeiting Act 1981 (c. 45) (other than an offence under section 18 or 19 of that Act).

12

An offence under the Firearms (Amendment) Act 1988 (c. 45).

13

An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—

a

section 107(1)(d)(iii) (public exhibition in the course of a business of article infringing copyright);

b

section 107(3) (infringement of copyright by public performance of work etc.);

c

section 198(2) (broadcast etc. of recording of performance made without sufficient consent);

d

section 297(1) (fraudulent reception of transmission);

e

section 297A(1) (supply etc. of unauthorised decoder).

14

An offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)—

a

section 3A (causing death by careless driving while under the influence of drink or drugs);

b

section 4 (driving etc. a vehicle when under the influence of drink or drugs);

c

section 5 (driving etc. a vehicle with alcohol concentration above prescribed limit).

F307d

section 6(6) (failing to co-operate with a preliminary test).

15

An offence under either of the following provisions of the Food Safety Act 1990 (c. 16) in circumstances where the food in question is or includes alcohol—

a

section 14 (selling food or drink not of the nature, substance or quality demanded);

b

section 15 (falsely describing or presenting food or drink).

16

An offence under section 92(1) or (2) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark, etc. in relation to goods) in circumstances where the goods in question are or include alcohol.

17

An offence under the Firearms (Amendment) Act 1997 (c. 5).

F11118

A sexual offence, being an offence —

a

listed in Part 2 of Schedule 15 to the Criminal Justice Act 2003 F112, other than the offence mentioned in paragraph 95 (an offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts));

F454aa

listed in Schedule 3 to the Sexual Offences Act 2003 (sexual offences for the purposes of notification and orders);

b

an offence under section 8 of the Sexual Offences Act 1956 (intercourse with a defective);

c

an offence under section 18 of the Sexual Offences Act 1956 (fraudulent abduction of an heiress).

F11319

A violent offence, being any offence which leads, or is intended or likely to lead, to a person's death or to physical injury to a person, including an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition).

F45519A

An offence listed in Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences).

F56419B

An offence listed in Part 3 of Schedule 15 to the Criminal Justice Act 2003 (specified terrorism offences).

20

An offence under section 3 of the Private Security Industry Act 2001 (c. 12) (engaging in certain activities relating to security without a licence).

F11521

An offence under section 46 of the Gambling Act 2005 if the child or young person was invited, caused or permitted to gamble on premises in respect of which a premises licence under this Act had effect.

F116F11422

An offence under the Fraud Act 2006.

F45622ZA

An offence under any of the following provisions of the Violent Crime Reduction Act 2006—

a

section 28 (using someone to mind a weapon);

b

section 36 (manufacture, import and sale of realistic imitation firearms).

F117F30822A

An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.

23

An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol.

F43423A

An offence under any of the following provisions of the Psychoactive Substances Act 2016—

a

section 4 (producing a psychoactive substance);

b

section 5 (supplying, or offering to supply, a psychoactive substance);

c

section 7 (possession of psychoactive substance with intent to supply);

d

section 8 (importing or exporting a psychoactive substance).

F45723B

An offence listed in section 41 of the Counter-Terrorism Act 2008 (terrorism offences).

F24524

An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence that is a relevant offence.

25

An offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence that is a relevant offence.

26

The offence at common law of conspiracy to defraud.

SCHEDULE 5Appeals

Section 181

Part 1Premises licences

Rejection of applications relating to premises licences

I421

Where a licensing authority—

a

rejects an application for a premises licence under section 18,

b

rejects (in whole or in part) an application to vary a premises licence under section 35,

c

rejects an application to vary a premises licence to specify an individual as the premises supervisor under section 39, or

d

rejects an application to transfer a premises licence under section 44,

the applicant may appeal against the decision.

Decision to grant premises licence or impose conditions etc.

2

1

This paragraph applies where a licensing authority grants a premises licence under section 18.

2

The holder of the licence may appeal against any decision—

a

to impose conditions on the licence under subsection (2)(a) or (3)(b) of that section, or

b

to take any step mentioned in subsection (4)(b) or (c) of that section (exclusion of licensable activity or refusal to specify person as premises supervisor).

3

Where a person who made relevant representations in relation to the application desires to contend—

a

that the licence ought not to have been granted, or

b

that, on granting the licence, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) or (c) of that section,

he may appeal against the decision.

4

In sub-paragraph (3) “relevant representations” has the meaning given in section 18(6).

Issue of provisional statement

3

1

This paragraph applies where a provisional statement is issued under subsection (3)(c) of section 31.

2

An appeal against the decision may be made by—

a

the applicant, or

b

any person who made relevant representations in relation to the application.

3

In sub-paragraph (2) “relevant representations” has the meaning given in subsection (5) of that section.

Variation of licence under section 35

I434

1

This paragraph applies where an application to vary a premises licence is granted (in whole or in part) under section 35.

2

The applicant may appeal against any decision to modify the conditions of the licence under subsection (4)(a) of that section.

3

Where a person who made relevant representations in relation to the application desires to contend—

a

that any variation made ought not to have been made, or

b

that, when varying the licence, the licensing authority ought not to have modified the conditions of the licence, or ought to have modified them in a different way, under subsection (4)(a) of that section,

he may appeal against the decision.

4

In sub-paragraph (3) “relevant representations” has the meaning given in section 35(5).

Variation of licence to specify individual as premises supervisor

I445

1

This paragraph applies where an application to vary a premises licence is granted under section 39(2) in a case where a chief officer of police gave a notice under section 37(5) (which was not withdrawn).

2

The chief officer of police may appeal against the decision to grant the application.

Transfer of licence

6

1

This paragraph applies where an application to transfer a premises licence is granted under section 44 in a case where a chief officer of police gave a notice under section 42(6) F558or the Secretary of State gave a notice under section 42(8) (which F559, in either case, was not withdrawn).

2

The chief officer of police F560or the Secretary of State, as the case may be, may appeal against the decision to grant the application.

Interim authority notice

7

1

This paragraph applies where—

a

an interim authority notice is given in accordance with section 47, and

b

a chief officer of police gives a notice under section 48(2) F545or the Secretary of State gives a notice under section 48(2B) (which F546, in either case, is not withdrawn).

2

Where the relevant licensing authority decides to cancel the interim authority notice under subsection (3) of section 48, the person who gave the interim authority notice may appeal against that decision.

3

Where the relevant licensing authority decides not to cancel F547the interim authority notice under section 48(3) after the giving of a notice by a chief officer of police under section 48(2), the chief officer of police may appeal against that decision.

F5443A

Where the relevant licensing authority decides not to cancel the interim authority notice under section 48(3) after the giving of a notice by the Secretary of State under section 48(2B), the Secretary of State may appeal against that decision.

4

Where an appeal is brought under sub-paragraph (2), the court to which it is brought may, on such terms as it thinks fit, order the reinstatement of the interim authority notice pending—

a

the disposal of the appeal, or

b

the expiry of the interim authority period,

whichever first occurs.

5

Where the court makes an order under sub-paragraph (4), the premises licence is reinstated from the time the order is made, and section 47 has effect in a case where the appeal is dismissed or abandoned before the end of the interim authority period as if—

a

the reference in subsection (7)(b) to the end of the interim authority period were a reference to the time when the appeal is dismissed or abandoned, and

b

the reference in subsection (9)(a) to the interim authority period were a reference to that period disregarding the part of it which falls after that time.

6

In this paragraph “interim authority period” has the same meaning as in section 47.

Review of premises licence

8

1

This paragraph applies where an application for a review of a premises licence is decided under section 52.

2

An appeal may be made against that decision by—

a

the applicant for the review,

b

the holder of the premises licence, or

c

any other person who made relevant representations in relation to the application.

3

In sub-paragraph (2) “relevant representations” has the meaning given in section 52(7).

F120Summary review of premises licence

Annotations:
Amendments (Textual)
F120

Sch. 5 para. 8A and cross-heading inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 22(2), 66(2)(3); S.I. 2007/2180, art. 3(a)

8A

1

This paragraph applies where a review of a premises licence is decided under section 53A(2)(b) (review of premises licence following review notice).

2

An appeal may be made against that decision by—

a

the chief officer of police for the police area (or each police area) in which the premises are situated,

b

the holder of the premises licence, or

c

any other person who made relevant representations in relation to the application for the review.

3

In sub-paragraph (2) “relevant representations” has the meaning given in section 53C(7).

F450Review of interim steps

Annotations:
Amendments (Textual)
F450

Sch. 5 para. 8B and crossheading inserted (31.1.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 137(7), 183(1)(5)(e) (with s. 137(8)); S.I. 2017/399, reg. 3(c)

8B

1

This paragraph applies where a review of interim steps is decided under section 53D (review of interim steps at a summary review of a premises licence).

2

An appeal may be made against that decision by—

a

the chief officer of police for the police area (or each police area) in which the premises are situated, or

b

the holder of the premises licence.

3

An appeal under this paragraph must be heard by the magistrates' court within the period of 28 days beginning with the day on which the appellant commenced the appeal (see paragraph 9(2)).

F583Summary off-sales review of premises licence

Annotations:
Amendments (Textual)
F583

Sch. 5 paras. 8C, 8D and cross-headings inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(7), 25(1) (with s. 11(13))

8C

1

This paragraph applies where an off-sales review of a premises licence is decided under section 172G(3)(b) (off-sales review of premises licence following review application).

2

An appeal may be made against that decision by—

a

the holder of the premises licence,

b

the applicant under section 172G, or

c

any other person who made relevant representations in relation to the application for the review.

3

In sub-paragraph (2) “relevant representations” has the meaning given in section 172I(7).

F583Review of interim steps

8D

1

This paragraph applies where a review of interim steps is decided under section 172J (review of interim steps at an off-sales review of a premises licence).

2

An appeal may be made against that decision by—

a

the holder of the premises licence,

b

the applicant under section 172G, or

c

any other person who made relevant representations in relation to the application for the review.

3

An appeal under this paragraph must be heard by the magistrates’ court within the period of 28 days beginning with the day on which the appellant commenced the appeal (see paragraph 9(2)).

4

In sub-paragraph (2) “relevant representations” has the meaning given in section 172J(8).

General provision about appeals under this Part

9

1

An appeal under this Part must be made to F118a magistrates' court.

2

An appeal under this Part must be commenced by notice of appeal given by the appellant to the F119designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

3

On an appeal under paragraph 2(3), 3(2)(b), 4(3), 5(2), 6(2) or 8(2)(a) or (c), the holder of the premises licence is to be the respondent in addition to the licensing authority.

4

On an appeal under paragraph 7(3) F561or (3A), the person who gave the interim authority notice is to be the respondent in addition to the licensing authority.

Part 2Club premises certificates

Rejection of applications relating to club premises certificates

I4510

Where a licensing authority—

a

rejects an application for a club premises certificate under section 72, or

b

rejects (in whole or in part) an application to vary a club premises certificate under section 85,

the club that made the application may appeal against the decision.

Decision to grant club premises certificate or impose conditions etc.

11

1

This paragraph applies where a licensing authority grants a club premises certificate under section 72.

2

The club holding the certificate may appeal against any decision—

a

to impose conditions on the certificate under subsection (2) or (3)(b) of that section, or

b

to take any step mentioned in subsection (4)(b) of that section (exclusion of qualifying club activity).

3

Where a person who made relevant representations in relation to the application desires to contend—

a

that the certificate ought not to have been granted, or

b

that, on granting the certificate, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) of that section,

he may appeal against the decision.

4

In sub-paragraph (3) “relevant representations” has the meaning given in section 72(7).

Variation of club premises certificate

I4612

1

This paragraph applies where an application to vary a club premises certificate is granted (in whole or in part) under section 85.

2

The club may appeal against any decision to modify the conditions of the certificate under subsection (3)(b) of that section.

3

Where a person who made relevant representations in relation to the application desires to contend—

a

that any variation ought not to have been made, or

b

that, when varying the certificate, the licensing authority ought not to have modified the conditions of the certificate, or ought to have modified them in a different way, under subsection (3)(b) of that section,

he may appeal against the decision.

4

In sub-paragraph (3) “relevant representations” has the meaning given in section 85(5).

Review of club premises certificate

13

1

This paragraph applies where an application for a review of a club premises certificate is decided under section 88.

2

An appeal may be made against that decision by—

a

the applicant for the review,

b

the club that holds or held the club premises certificate, or

c

any other person who made relevant representations in relation to the application.

3

In sub-paragraph (2) “relevant representations” has the meaning given in section 88(7).

Withdrawal of club premises certificate

14

Where the relevant licensing authority gives notice withdrawing a club premises certificate under section 90, the club which holds or held the certificate may appeal against the decision to withdraw it.

General provision about appeals under this Part

15

1

An appeal under this Part must be made to F121a magistrates' court.

2

An appeal under this Part must be commenced by notice of appeal given by the appellant to the E1designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

3

On an appeal under paragraph 11(3), 12(3) or 13(2)(a) or (c), the club that holds or held the club premises certificate is to be the respondent in addition to the licensing authority.

Part 3Other appeals

Temporary event notices

16

1

This paragraph applies where—

a

a F183standard temporary event notice is given under section 100, and

b

a F184relevant person gives an objection notice in accordance with section 104(2).

2

Where the relevant licensing authority gives a counter notice under section 105(3), the premises user may appeal against that decision.

3

Where that authority decides not to give such a counter notice, the F185relevant person may appeal against that decision.

4

An appeal under this paragraph must be made to F122a magistrates' court.

5

An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the F123designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

6

But no appeal may be brought later than five working days before the day on which the event period specified in the temporary event notice begins.

7

On an appeal under sub-paragraph (3), the premises user is to be the respondent in addition to the licensing authority.

8

In this paragraph—

  • “objection notice” has the same meaning as in section 104; F186...

  • “relevant licensing authority” has the meaning given in section 99 F187; and

  • “relevant person” has the meaning given in section 99A.

Personal licences

I4717

1

Where a licensing authority—

a

rejects an application for the grant of a personal licence under section 120, or

F403b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the applicant may appeal against that decision.

2

Where a licensing authority grants an application for a personal licence under F470120(7A) after the giving of a notice under section 120(5), the chief officer of police who gave the F471notice may appeal against that decision.

F4682A

Where a licensing authority grants an application for a personal licence under section 120(7A) after the giving of a notice under section 120(5B), the Secretary of State may appeal against that decision.

F4023

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Where a licensing authority revokes a personal licence under section 124(4), the holder of the licence may appeal against that decision.

5

Where in a case to which section 124 (convictions coming to light after grant F405...) applies—

a

the chief officer of police for the licensing authority’s area gives a notice under subsection (3) of that section (and does not later withdraw it), and

b

the licensing authority decides not to revoke the licence,

the chief officer of police may appeal against the decision.

F4695A

Where in a case to which section 124 applies—

a

the Secretary of State gives a notice under subsection (3B) of that section (and does not later withdraw it), and

b

the licensing authority decides not to revoke the licence,

the Secretary of State may appeal against the decision.

F4535B

Where a licensing authority revokes or suspends a personal licence under section 132A(8) or (12) the holder of the licence may appeal against that decision.

6

An appeal under this paragraph must be made to F124a magistrates' court.

7

An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the F125designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

8

On an appeal under sub-paragraph F472(2), (2A), (5) or (5A), the holder of the personal licence is to be the respondent in addition to the licensing authority.

F4049

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40410

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40411

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure orders

18

1

This paragraph applies where, on a review of a premises licence under section 167, the relevant licensing authority decides under subsection (5)(b) of that section—

a

to take any of the steps mentioned in subsection (6) of that section, in relation to a premises licence for those premises, or

b

not to take any such step.

2

An appeal may be made against that decision by—

a

the holder of the premises licence, or

b

any other person who made relevant representations in relation to the review.

3

Where an appeal is made under this paragraph against a decision to take any of the steps mentioned in section 167(6)(a) to (d) (modification of licence conditions etc.), the F126. . . magistrates' court may in a case within section 168(3) (premises closed when decision taken)—

a

if the relevant licensing authority has not made an order under section 168(5) (order suspending operation of decision in whole or part), make any order under section 168(5) that could have been made by the relevant licensing authority, or

b

if the authority has made such an order, cancel it or substitute for it any order which could have been made by the authority under section 168(5).

4

Where an appeal is made under this paragraph in a case within section 168(6) (premises closed when decision to revoke made to remain closed pending appeal), the F126. . . magistrates court may, on such conditions as it thinks fit, order that section 168(7) (premises to remain closed pending appeal) is not to apply to the premises.

5

An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the F127designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the relevant licensing authority of the decision appealed against.

6

On an appeal under this paragraph by a person other than the holder of the premises licence, that holder is to be the respondent in addition to the licensing authority that made the decision.

7

In this paragraph—

  • F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “relevant licensing authority” has the same meaning as in Part 3 of this Act; and

  • “relevant representations” has the meaning given in section 167(9).

F513PART 4Questions about leave to enter or remain in the UK

Annotations:
Amendments (Textual)

19

On an appeal under this Schedule, a magistrates' court is not entitled to entertain any question as to whether—

a

an individual should be, or should have been, granted leave to enter or remain in the United Kingdom, or

b

an individual has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

SCHEDULE 6Minor and consequential amendments

Section 198

Universities (Wine Licences) Act 1743 (c. 40)

1

The Universities (Wine Licences) Act 1743 ceases to have effect.

Disorderly Houses Act 1751 (c. 36)

2

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sunday Observance Act 1780 (c. 49)

3

The Sunday Observance Act 1780 ceases to have effect.

Town Police Clauses Act 1847 (c. 89)

4

Section 35 of the Town Police Clauses Act 1847 (harbouring thieves or prostitutes at a public venue) ceases to have effect.

Cambridge Award Act 1856 (c. xvii)

5

The following provisions of the Cambridge Award Act 1856 cease to have effect—

a

section 9 (revocation of alehouse licence by justice of the peace following complaint by Vice Chancellor of the University), and

b

section 11 (power to grant wine licence, etc. to remain vested in the Chancellor, Masters and Scholars of the University).

Inebriates Act 1898 (c. 60)

6

In the First Schedule to the Inebriates Act 1898 (offences by reference to which section 6 of the Licensing Act 1902 operates)—

a

omit the entry relating to section 18 of the Licensing Act 1872 and the entry relating to section 41 of the Refreshment Houses Act 1860, and

b

after the entries relating to the Merchant Shipping Act 1894 insert—

Failing to leave licensed premises, etc. when asked to do so.

Licensing Act 2003, s 143.

Entering, or attempting to enter, licensed premises, etc. when asked not to do so.

 

Licensing Act 1902 (c. 28)

7

The Licensing Act 1902 is amended as follows.

8

1

Section 6 (prohibition of sale of alcohol to person declared by the court to be a habitual drunkard) is amended as follows.

2

For subsection (2) substitute—

2

Subsections (2A) to (2C) apply where a court, in pursuance of this Act, orders notice of a conviction to be sent to a police authority.

2A

The court shall inform the convicted person that the notice is to be sent to a police authority.

2B

The convicted person commits an offence if, within the three year period, he buys or obtains, or attempts to buy or obtain, alcohol on relevant premises.

2C

A person to whom subsection (2D) applies commits an offence if, within the three year period, he knowingly—

a

sells, supplies or distributes alcohol on relevant premises, or

b

allows the sale, supply or distribution of alcohol on relevant premises,

to, or for consumption by, the convicted person.

2D

This subsection applies—

a

to any person who works at the premises in a capacity, whether paid or unpaid, which gives him authority to sell, supply or distribute the alcohol concerned,

b

in the case of licensed premises, to—

i

the holder of a premises licence which authorises the sale or supply of alcohol, and

ii

the designated premises supervisor (if any) under such a licence,

c

in the case of premises in respect of which a club premises certificate authorising the sale or supply of alcohol has effect, to any member or officer of the club which holds the certificate who at the time the sale, supply or distribution takes place is present on the premises in a capacity which enables him to prevent it, and

d

in the case of premises which may be used for a permitted temporary activity by virtue of Part 5 of the Licensing Act 2003, the premises user in respect of a temporary event notice authorising the sale or supply of alcohol.

2E

A person guilty of an offence under this section is liable on summary conviction—

a

in the case of an offence under subsection (2B), to a fine not exceeding level 1 on the standard scale, and

b

in the case of an offence under subsection (2C), to a fine not exceeding level 2 on the standard scale.

3

In subsection (3), for “licensed persons, and secretaries of clubs registered under Part III of this Act,” substitute “persons to whom subsection (4) applies”.

4

After that subsection insert—

4

This subsection applies to—

a

the holder of a premises licence which authorises the sale or supply of alcohol,

b

the designated premises supervisor (if any) under such a licence,

c

the holder of a club premises certificate authorising the sale or supply of alcohol, and

d

the premises user in relation to a temporary event notice authorising the sale or supply or alcohol.

5

In this section—

“alcohol”, “club premises certificate”, “designated premises supervisor”, “licensed premises”, “permitted temporary activity”, “premises licence”, “premises user” and “temporary event notice” have the same meaning as in the Licensing Act 2003,

“relevant premises” means premises which are relevant premises within the meaning of section 159 of that Act and on which alcohol may be lawfully sold or supplied, and

“the three year period”, in relation to the convicted person, means the period of three years beginning with the day of the conviction.

9

After section 8 (meaning of “public place”) insert—

Interpretation of “licensed premises”

8A

For those purposes, “licensed premises” includes—

a

any licensed premises within the meaning of section 193 of the Licensing Act 2003, and

b

any premises which may be used for a permitted temporary activity by virtue of Part 5 of that Act.

Celluloid and Cinematograph Film Act 1922 (c. 35)

10

At the end of section 2 of the Celluloid and Cinematograph Film Act 1922 (premises to which the Act does not apply), add “or which may, by virtue of an authorisation (within the meaning of section 136 of the Licensing Act 2003), be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to that Act)”.

Sunday Entertainments Act 1932 (c. 51)

11

The Sunday Entertainments Act 1932 ceases to have effect.

Children and Young Persons Act 1933 (c. 12)

12

The Children and Young Persons Act 1933 is amended as follows.

13

In section 5 (giving alcohol to a child under five) for “intoxicating liquor” substitute “ alcohol (within the meaning given by section 191 of the Licensing Act 2003, but disregarding subsection (1)(f) to (i) of that section) ”.

14

In section 12 (failing to provide for safety of children at entertainments)—

a

in subsection (3) omit the words from “, and also” to the end,

b

in subsection (5), for paragraph (a) substitute—

a

in the case of a building in respect of which a premises licence authorising the provision of regulated entertainment has effect, be the duty of the relevant licensing authority;

c

after that subsection, insert—

5A

For the purposes of this section—

a

“premises licence” and “the provision of regulated entertainment” have the meaning given by the Licensing Act 2003, and

b

“the relevant licensing authority”, in relation to a building in respect of which a premises licence has effect, means the relevant licensing authority in relation to that building under section 12 of that Act.

15

In section 107 (interpretation), omit the definition of “intoxicating liquor”.

Public Health Act 1936 (c. 49)

16

In section 226 of the Public Health Act 1936 (power of local authority to close swimming bath and use it instead for other purposes)—

a

for subsection (3) substitute—

3

Nothing in this section shall authorise the use of a swimming bath or bathing place for the provision of regulated entertainment (within the meaning of the Licensing Act 2003), unless that activity is carried on under and in accordance with an authorisation (within the meaning given in section 136 of that Act).

b

omit subsection (4).

London Building Acts (Amendment) Act 1939 (c. xcvii)

17

In each of the following provisions of the London Building Acts (Amendment) Act 1939, for “the premises are so licensed” substitute “the premises are premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises”—

a

section 11(9)(b) (exemption of licensed premises from provision as to naming of buildings),

b

paragraph (A) of the proviso to section 13 (offences as to numbering or naming of buildings).

Civic Restaurants Act 1947 (c. 22)

18

In section 1(4) of the Civic Restaurants Act 1947 (civic restaurant authority to be subject to law relating to sale of alcohol), for “the enactments relating to the sale of intoxicating liquor” substitute “the Licensing Act 2003 and any other enactment relating to the sale of intoxicating liquor”.

London County Council (General Powers) Act 1947 (c. xlvi)

19

In section 6(1)(b) of the London County Council (General Powers) Act 1947 (saving in connection with the provision of entertainment for enactments relating to the sale of alcohol), for “any enactment relating to the sale of intoxicating liquor” substitute “the Licensing Act 2003 and any other enactment relating to the sale of intoxicating liquor”.

National Parks and Access to the Countryside Act 1949 (c. 97)

20

In each of the following provisions of the National Parks and Countryside Act 1949, for “intoxicating liquor” substitute “alcohol (within the meaning of the Licensing Act 2003)”—

a

section 12(1)(a) (provision of facilities in National Park),

b

section 54(2) (provision of facilities along long-distance routes).

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

21

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

22

In section 14(2)(a) (protection against insecurity of tenure of place of residence), after “premises” insert “in England and Wales which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) on the premises or in Scotland which are”.

23

In section 18(3)(a) (protection against insecurity of tenure in connection with employment), after “premises” insert “in England and Wales which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) on the premises for consumption on the premises or in Scotland which are”.

24

In section 27(1) (renewal of tenancy expiring during period of service), in the second paragraph (c), for the words “licensed for the sale of intoxicating liquor for consumption on the premises” substitute “which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises”.

Hypnotism Act 1952 (c. 46)

25

The Hypnotism Act 1952 is amended as follows.

26

1

Section 1 (inclusion in an entertainment licence of conditions in relation to demonstrations of hypnotism) is amended as follows.

2

In subsection (1)—

a

after “any area” insert “in Scotland”, and

b

for “places kept or ordinarily used for public dancing, singing, music or other public entertainment of the like kind” substitute “theatres or other places of public amusement or public entertainment”.

3

Omit subsection (2).

27

In section 2 (requirement for authorisation for demonstration of hypnotism)—

a

in subsection (1), for the words from “in relation” to the end substitute

, unless—

a

the controlling authority have authorised that exhibition, demonstration or performance under this section, or

b

the place is in Scotland and a licence mentioned in section 1 of this Act is in force in relation to it.

b

in subsection (1A) for the words from “either at premises” to the end substitute “at premises in Scotland in respect of which a licence under that Act is in force”,

c

after subsection (3) insert—

3A

A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.

d

for subsection (4) substitute—

4

In this section—

“controlling authority” means—

a

in relation to a place in England and Wales, the licensing authority in whose area the place, or the greater or greatest part of it, is situated, and

b

in relation to a place in Scotland, the authority having power to grant licences of the kind mentioned in section 1 in that area, and

“licensing authority” has the meaning given by the Licensing Act 2003.

Obscene Publications Act 1959 (c. 66)

28

1

Section 2 of the Obscene Publications Act 1959 (prohibition of publication of obscene matter) is amended as follows.

2

In subsections (3A) and (4A), for “a film exhibition” in each place it occurs, substitute “an exhibition of a film”.

3

For subsection (7) substitute—

7

In this section, “exhibition of a film” has the meaning given in paragraph 15 of Schedule 1 to the Licensing Act 2003.

Betting, Gaming and Lotteries Act 1963 (c. 2)

29

F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1963 (c. 37)

32

For section 37(2)(b) of the Children and Young Persons Act 1963 (restriction on performance by child in licensed premises) substitute—

b

any performance in premises—

i

which, by virtue of an authorisation (within the meaning of section 136 of the Licensing Act 2003), may be used for the supply of alcohol (within the meaning of section 14 of that Act), or

ii

which are licensed premises (within the meaning of the Licensing (Scotland) Act 1976) or in respect of which a club is registered under that Act;

Offices, Shops and Railway Premises Act 1963 (c. 41)

33

In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), omit the definition of “place of public entertainment”.

Greater London Council (General Powers) Act 1966 (c. xxviii)

34

The Greater London Council (General Powers) Act 1966 is amended as follows.

35

In section 21(1) (licensing of public exhibitions, etc.)—

a

for “intoxicating liquor” substitute “alcohol (within the meaning of the Licensing Act 2003)”, and

b

for “a film exhibition within the meaning of the Cinemas Act 1985” substitute “an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003)”.

36

In section 22 (application to old buildings of provisions for protection against fire in the London Building Acts (Amendment) Act 1939)—

a

in subsection (1), for the words from “being in either case” to “for that purpose” substitute “which may lawfully be used for the provision of regulated entertainment (within the meaning of the Licensing Act 2003) only by virtue of an authorisation under that Act”, and

b

in subsection (2), for the words from “where” to “that licence” substitute “where a building, or part of a building, is being used for the provision of regulated entertainment by virtue of a premises licence (under the Licensing Act 2003) granted by a borough council, the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple”.

Finance Act 1967 (c. 54)

37

In section 5 of the Finance Act 1967 (no requirement for excise licence)—

a

in subsection (1), omit paragraph (c), and

b

in subsection (3), omit “which is registered within the meaning of the Licensing Act 1964 or”.

Criminal Appeal Act 1968 (c. 19)

38

The Criminal Appeal Act 1968 is amended as follows.

39

In section 10 (appeal against sentence to Crown Court), at the end of subsection (3)(c) add—

viii

an order under section 129 of the Licensing Act 2003 (forfeiture or suspension of personal licence); or

40

In section 31 (powers of Court of Appeal under Part 1 exercisable by single judge), after subsection (2B) insert—

2C

The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge in the same manner as it may be exercised by the Court.

41

In section 44 (powers of Court of Appeal under Part 2 exercisable by single judge), after subsection (2) insert—

3

The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.

42

In section 50 (meaning of “sentence”), at the end of subsection (1) insert

; and

i

an order under section 129(2) of the Licensing Act 2003 (forfeiture or suspension of personal licence).

Theatres Act 1968 (c. 54)

43

The Theatres Act 1968 is amended as follows.

44

The following provisions cease to have effect in England and Wales—

a

section 1(2) (local authority may not impose conditions on nature of plays),

b

sections 12 to 14 (licensing of premises for public performance of plays),

c

Schedule 1 (provision about licences to perform plays).

45

In section 15 (warrant to enter theatre where offence suspected)—

a

in subsection (1)—

i

paragraph (b) and the word “or” immediately preceding it, and

ii

the words “or, in a case falling within paragraph (b) above, any police officer or authorised officer of the licensing authority”,

cease to have effect in England and Wales,

b

subsections (2) to (5) cease to have effect in England and Wales, and

c

subsection (6) is omitted.

46

Section 17 (existing letters patent) ceases to have effect.

47

In section 18(1) (interpretation), in the definition of “licensing authority”, omit paragraphs (a), (b) and (bb).

Gaming Act 1968 (c. 65)

48

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

City of London (Various Powers) Act 1968 (c. xxxvii)

53

For section 5(3) of the City of London (Various Powers) Act 1968 (entitlement of Corporation of London to apply for and hold licence to sell alcohol in arrangements for catering facilities) substitute—

3

The Corporation of London or any person appointed by them in that behalf may, subject to section 16 of the Licensing Act 2003, for the purposes of this section apply for and hold a premises licence under that Act for the sale by retail of alcohol within the meaning of that Act.

Finance Act 1970 (c. 24)

54

In section 6(2)(b) of the Finance Act 1970 (Angostura bitters)—

a

omit “, the Licensing Act 1964”, and

b

for “either of those Acts” substitute “that Act”.

Sunday Theatre Act 1972 (c. 26)

55

The Sunday Theatre Act 1972 ceases to have effect.

Local Government Act 1972 (c. 70)

56

The Local Government Act 1972 is amended as follows.

57

In section 78(1)(supplementary provision relating to changes in local government areas), omit the definition of “public body”.

58

In section 101 (arrangements for discharge of functions by local authorities), after subsection (14) insert—

15

Nothing in this section applies in relation to any function under the Licensing Act 2003 of a licensing authority (within the meaning of that Act).

59

In section 145(4) (provision of entertainment), for “intoxicating liquor” substitute “ alcohol ”.

60

Section 204 (licensed premises) ceases to have effect.

61

1

Schedule 12 (meetings and proceedings of local authorities) is amended as follows.

2

In the following provisions, for “premises licensed for the sale of intoxicating liquor” substitute “premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)”—

a

paragraph 10(1) (location of parish council meetings),

F585b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In the following provisions, for “premises licensed for the sale of intoxicating liquor” substitute “premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)”—

a

paragraph 14(5) (location of parish meetings),

b

paragraph 32(2) (location of community meetings).

Lotteries and Amusements Act 1976 (c. 32)

62

F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rent Act 1977 (c. 42)

67

In section 11 of the Rent Act 1977 (tenancy of licensed premises not to be protected or statutory tenancy), for “premises licensed for the sale of intoxicating liquors” substitute “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)”.

Greater London Council (General Powers) Act 1978 (c. xiii)

68

The Greater London Council (General Powers) Act 1978 is amended as follows.

69

Section 3 (human posing to be treated as entertainment) ceases to have effect.

70

In section 5(4)(a) (definition of “booking office”)—

a

omit sub-paragraph (ii) and the word “or” immediately preceding it, and

b

for “sub-paragraphs (i) and (ii)” substitute “sub-paragraph (i)”.

Alcoholic Liquor Duties Act 1979 (c. 4)

71

The Alcoholic Liquor Duties Act 1979 is amended as follows.

72

In section 4 (interpretation)—

a

in the definition of “justices' licence” and “justices' on-licence”, omit paragraph (a), and

b

in the definition of “registered club”, omit “which is for the time being registered within the meaning of the Licensing Act 1964 or”.

73

F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

74

F144In section 4(1) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (interpretation), in the definition of “licensed premises” for the words “a justices' on-licence (within the meaning of section 1 of the Licensing Act 1964)” substitute “a 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”.

Magistrates' Courts Act 1980 (c. 43)

75

In Part 3 of Schedule 6 to the Magistrates' Courts Act 1980 (matters to which provision relating to fees taken by clerks to justices does not apply), paragraphs 3 and 5 are omitted.

Local Government, Planning and Land Act 1980 (c. 65)

76

The Local Government, Planning and Land Act 1980 is amended as follows.

77

Sections 131 and 132 (licensing in new towns) cease to have effect.

78

In section 133 (miscellaneous provision about new towns), in subsection (1), omit the following definitions—

a

“development corporation”,

b

“the 1964 Act”.

79

In section 146 (disposal of land by urban development corporation)—

a

in subsection (3), for “intoxicating liquor” substitute “alcohol”, and

b

in subsection (6), for “ “intoxicating liquor” has the meaning assigned by section 201 of the Licensing Act 1964” substitute “ “alcohol” has the meaning given by section 191 of the Licensing Act 2003”.

Indecent Displays (Control) Act 1981 (c. 42)

80

In section 1(4) of the Indecent Displays (Control) Act 1981 (exemptions from offence of displaying indecent matter)—

a

for paragraph (d) substitute—

d

included in a performance of a play (within the meaning of paragraph 14(1) of Schedule 1 to the Licensing Act 2003) in England and Wales or of a play (within the meaning of the Theatres Act 1968) in Scotland;

b

in paragraph (e) for “included in a film exhibition as defined in the Cinemas Act 1985” substitute “included in an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003, in England and Wales, or a film exhibition, as defined in the Cinemas Act 1985, in Scotland”.

New Towns Act 1981 (c. 64)

81

In section 18 of the New Towns Act 1981 (disposal by development corporation of land to occupiers of it before acquisition by corporation), in subsection (3) for the words “intoxicating liquor (“intoxicating liquor” having the meaning given in section 201(1) of the Licensing Act 1964)” substitute “alcohol (within the meaning of section 191 of the Licensing Act 2003)”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

82

The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

83

The following provisions cease to have effect—

a

section 1 (licensing of public entertainment outside Greater London),

b

sections 4 to 6 (controls on take-away food shops),

c

Schedule 1 (licensing of public entertainment outside Greater London).

84

In section 10(11) (requirement that apparatus to be installed should be provided with cut-off switch disapplied in relation to cinemas) for the words “premises in respect of which a licence under section 1 of the Cinemas Act 1985 is for the time being in force” substitute “premises in respect of which a premises licence under the Licensing Act 2003 has effect authorising the use of the premises for an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to that Act”.

85

1

Schedule 3 (control of sex establishments) is amended as follows.

2

In paragraph 3(2) (premises not to be treated as a sex cinema merely because the exhibition of a film there must be authorised by a licence, etc.)—

a

for paragraph (a) substitute—

a

if they may be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003) by virtue of an authorisation (within the meaning of section 136 of that Act), of their use in accordance with that authorisation

b

in paragraph (b), for “that Act” substitute “the Cinemas Act 1985”.

3

In paragraph 3A (exemption for theatres and cinemas from provisions about sex encounter establishments) for paragraphs (i) and (ii) of the proviso substitute—

i

for the time being, being used for the provision of regulated entertainment (within the meaning of the Licensing Act 2003), in circumstances where that use is authorised under that Act; or

ii

for the time being, being used for the purposes of late night refreshment (within the meaning of that Act), in circumstances where that use is so authorised; or

Representation of the People Act 1983 (c. 2)

86

The Representation of the People Act 1983 is amended as follows.

87

In section 185 (interpretation of Part relating to legal proceedings), for the definition of “Licensing Acts” substitute—

“Licensing Acts” means the Licensing (Scotland) Act 1976 and the Licensing (Northern Ireland) Order 1996 (as that Act or Order may from time to time have effect);

88

In Schedule 7 (transitional and saving provision), omit paragraph 4.

Video Recordings Act 1984 (c. 39)

89

In section 3(7) of the Video Recordings Act 1984 (exempted supply of video recording)—

a

before paragraph (a) insert—

za

premises in England and Wales which, by virtue of an authorisation within the meaning of section 136 of the Licensing Act 2003, may be used for the exhibition of a film within the meaning of paragraph 15 of Schedule 1 to that Act,

b

in paragraphs (a) and (c) after “premises”, and in paragraph (b) after the first “premises”, insert “in Scotland”.

Building Act 1984 (c. 55)

90

The Building Act 1984 is amended as follows.

91

In section 24(4) (provision of exits in buildings) for paragraph (c) substitute—

c

premises in respect of which a club premises certificate has effect under the Licensing Act 2003,

92

In section 74(2) (exemption for certain premises from requirement for local authority’s consent for cellars and rooms below subsoil water level), omit paragraph (a) and the word “or” immediately following it.

Police and Criminal Evidence Act 1984 (c. 60)

93

F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Greater London Council (General Powers) Act 1984 (c. xxvii)

94

In section 15(1) of the Greater London Council (General Powers) Act 1984 (exceptions to power of Council to refuse to register sleeping accommodation), at the end insert

; or

v

a building—

a

in respect of which there is in force immediately before the appointed day a 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

b

the use of which for a specified purpose would not contravene the Town and Country Planning Act 1990.

Cinemas Act 1985 (c. 13)

95

The Cinemas Act 1985 ceases to have effect in England and Wales.

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

96

The Sporting Events (Control of Alcohol etc.) Act 1985 is amended as follows.

97

In the following provisions, for “intoxicating liquor” substitute “alcohol”—

a

section 1(2) and (3) (alcohol on coaches and trains),

b

section 1A(2) and (3) (alcohol on certain other vehicles),

c

section 2(1) (alcohol at sports grounds).

98

Omit section 2(1A) (application to private rooms of offence of having alcohol at designated sporting event).

I4899

The following provisions cease to have effect—

a

sections 3 and 4 (order about licensing hours in sports grounds),

b

section 5 (appeal against such an order),

c

section 5A (restricted periods in relation to possession of alcohol in private rooms at sports grounds),

d

section 5B (occasional licences at sports grounds),

e

section 5C (supply of alcohol by clubs at sports grounds),

f

section 5D (non-retail sales of alcohol during sporting event),

g

section 6 (closure of bar during sporting event),

h

the Schedule (procedure for obtaining order about licensing hours in sports grounds).

Annotations:
Commencement Information
I48

Sch. 6 para. 99(a)(b)(d)-(h) in force at 24.11.2005 by S.I. 2005/3056, art. 2(2)

100

In section 8 (offences)—

a

in paragraph (b), for “, 2A(1), 3(10), 5B(2), 5C(3), 5D(2) or 6(2)” substitute “or 2A(1)”, and

b

omit paragraphs (d) and (e).

101

In section 9 (interpretation)—

a

omit subsection (5), and

b

for subsection (7) substitute—

7

An expression used in this Act and in the Licensing Act 2003 has the same meaning in this Act as in that Act.

Housing Act 1985 (c. 68)

102

The Housing Act 1985 is amended as follows.

103

In section 11 (provision of board facilities by local housing authority)—

a

for subsection (3) substitute—

3

Where a premises licence under Part 3 of the Licensing Act 2003 authorises the sale by retail of alcohol in connection with the provision of facilities of the kind mentioned in subsection (1)(a), then, notwithstanding the terms of that licence, it does not have effect so as to authorise the sale by retail of alcohol for consumption otherwise than with a meal.

b

in subsection (4) after “the sale of intoxicating liquor” insert “or the sale by retail of alcohol”, and

c

after that subsection insert—

5

An expression used in this section and in the Licensing Act 2003 has the same meaning in this section as in that Act.

104

In Schedule 1 (tenancies which are not secure tenancies), in paragraph 9, for “premises licensed for the sale of intoxicating liquor” substitute “ premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)” ”.

Sex Discrimination Act 1986 (c. 59)

105

Section 5 of the Sex Discrimination Act 1986 (discrimination required by public entertainment licence) ceases to have effect.

Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

106

After section 33(2) of the Fire Safety and Safety of Places of Sport Act 1987 (requirements of safety certificate to take precedence over conflicting conditions imposed in licence, etc.) insert—

2A

For the purposes of subsection (2)—

a

“the licensing of premises” includes the granting of a premises licence or club premises certificate under the Licensing Act 2003, and

b

“licence” is to be construed accordingly.

Norfolk and Suffolk Broads Act 1988 (c. 4)

107

In paragraph 40(1) of Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (provision of facilities by Broads Authority), in paragraph (b) for “intoxicating liquor” substitute “alcohol (within the meaning of the Licensing Act 2003)”.

Housing Act 1988 (c. 50)

108

In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 5, for “premises licensed for the sale of intoxicating liquors” substitute “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)”.

Town and Country Planning Act 1990 (c. 8)

109

Section 334 of the Town and Country Planning Act 1990 (licensing planning areas) ceases to have effect.

Sunday Trading Act 1994 (c. 20)

110

1

Schedule 1 to the Sunday Trading Act 1994 (restrictions on Sunday opening of large shops) is amended as follows.

2

In paragraph 1—

a

for the definition of “intoxicating liquor” substitute—

“alcohol” has the same meaning as in the Licensing Act 2003,

b

in paragraph (a) of the definition of “sale of goods”, for “intoxicating liquor” substitute “alcohol”.

3

In paragraph 3(1)(b) for “intoxicating liquor” substitute “alcohol”.

Criminal Justice and Public Order Act 1994 (c. 33)

111

In section 63 of the Criminal Justice and Public Order Act 1994 (power to remove persons attending raves, etc.), for subsection (9)(a) substitute—

a

in England and Wales, to a gathering in relation to a licensable activity within section 1(1)(c) of the Licensing Act 2003 (provision of certain forms of entertainment) carried on under and in accordance with an authorisation within the meaning of section 136 of that Act;

Deregulation and Contracting Out Act 1994 (c. 40)

112

Section 21 of the Deregulation and Contracting Out Act 1994 (Sunday Observance Act 1780 not to apply to sporting events) ceases to have effect.

London Local Authorities Act 1995 (c. x)

113

In section 14 of the London Local Authorities Act 1995 (interpretation of Part relating to near beer premises), in the definition of “near beer premises”—

a

for “intoxicating liquor is provided exemption or saving from the provisions of the Act of 1964 by virtue of section 199 of that Act” substitute “alcohol is not a licensable activity under or by virtue of section 173 of the Licensing Act 2003”,

b

for paragraph (A) substitute—

A

a premises licence under Part 3 of that Act which authorises the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises;

c

in paragraph (B)—

i

omit “Schedule 12 to the London Government Act 1963,” and “or the Private Places of Entertainment (Licensing) Act 1967”, and

ii

at the end insert “or a premises licence granted under Part 3 of the Licensing Act 2003 which authorises the provision of any form of regulated entertainment (within the meaning of Schedule 1 to that Act)”,

d

omit paragraphs (C) to (E),

e

for paragraphs (F) and (G) substitute—

F

a temporary event notice under the Licensing Act 2003, by virtue of which the premises may be used for the supply of alcohol (within the meaning of section 14 of that Act);

f

for the words from “during the hours” to “licence:” substitute “during the hours permitted by such licence or notice:”, and

g

for “such licence; and” substitute “such licence or notice; and”.

Employment Rights Act 1996 (c. 18)

114

In section 232(7) of the Employment Rights Act 1996 (definition of “catering business”)—

a

in paragraph (a) for “intoxicating liquor” substitute “ alcohol ”, and

b

for “ “intoxicating liquor” has the same meaning as in the Licensing Act 1964” substitute “ “alcohol” has the same meaning as in the Licensing Act 2003 ”.

Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

115

1

Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of alcohol) is amended as follows.

2

In subsection (1)—

a

for “intoxicating liquor”, in each place it occurs, substitute “alcohol”,

b

in paragraph (b) for “liquor” substitute “alcohol”, and

c

for “such liquor” substitute “alcohol”.

3

For subsection (7) substitute—

7

In this section—

“alcohol”—

a

in relation to England and Wales, has the same meaning as in the Licensing Act 2003;

b

in relation to Northern Ireland, has the same meaning as “intoxicating liquor” in the Licensing (Northern Ireland) Order 1996; and

“licensed premises”—

a

in relation to England and Wales, means premises which may by virtue of Part 3 or Part 5 of the Licensing Act 2003 (premises licence; permitted temporary activity) be used for the supply of alcohol within the meaning of section 14 of that Act;

b

in relation to Northern Ireland, has the same meaning as in the Licensing (Northern Ireland) Order 1996.

Police Act 1997 (c. 50)

116

F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

London Local Authorities Act 2000 (c. vii)

117

In section 32 of the London Local Authorities Act 2000 (interpretation of provisions about the licensing of buskers), in the definition of “busking”, for paragraph (b) substitute—

b

under and in accordance with a premises licence under Part 3 of the Licensing Act 2003, or a temporary event notice having effect under Part 5 of that Act, which authorises the provision of regulated entertainment (within paragraph 2(1)(e) to (h) or 3(2) of Schedule 1 to that Act (music and dancing));

Private Security Industry Act 2001 (c. 12)

118

1

Paragraph 8 of Schedule 2 to the Private Security Industry Act 2001 (door supervisors etc. for licensed premises) is amended as follows.

2

In sub-paragraph (2), for paragraphs (a) to (d) substitute—

a

any premises in respect of which a premises licence or temporary event notice has effect under the Licensing Act 2003 to authorise the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises;

b

any premises in respect of which a premises licence or temporary event notice has effect under that Act to authorise the provision of regulated entertainment;

3

For sub-paragraph (3) substitute—

3

For the purposes of this paragraph, premises are not licensed premises—

a

if there is in force in respect of the premises a premises licence which authorises regulated entertainment within paragraph 2(1)(a) or (b) of Schedule 1 to the Licensing Act 2003 (plays and films);

b

in relation to any occasion on which the premises are being used—

i

exclusively for the purposes of a club which holds a club premises certificate in respect of the premises, or

ii

for regulated entertainment of the kind mentioned in paragraph (a), in circumstances where that use is a permitted temporary activity by virtue of Part 5 of that Act;

c

in relation to any occasion on which a licence is in force in respect of the premises under the Gaming Act 1968 (c. 65) and the premises are being used wholly or mainly for the purposes of gaming to which Part 2 of that Act applies; or

d

in relation to any such other occasion as may be prescribed for the purposes of this sub-paragraph.

4

After sub-paragraph (5) insert—

6

Sub-paragraphs (2)(a) and (b) and (3)(a) and (b) are to be construed in accordance with the Licensing Act 2003.

Criminal Justice and Police Act 2001 (c. 16)

119

The Criminal Justice and Police Act 2001 is amended as follows.

120

In section 1(1) (offences leading to penalties on the spot), at the end of the Table insert—

Section 149(4) of the Licensing Act 2003

Buying or attempting to buy alcohol for consumption on licensed premises, etc. by child

F360121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F360122

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F360123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F360124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F360125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126

In each of the following provisions, for “unlicensed sale of intoxicating liquor” substitute “ unauthorised sale of alcohol ”

a

section 19(1) and (2) (service of closure notice by constable or local authority),

b

section 20(3)(a) (no application for closure order where unauthorised sale of alcohol has ceased),

c

section 21(1)(b) and (2)(b) (closure order),

d

section 27(6) (fixing notice on premises where personal service cannot be effected).

127

In section 28 (interpretation of provisions relating to closure of unlicensed premises)—

a

before the definition of “closure notice” insert—

“alcohol” has the same meaning as in the Licensing Act 2003;

b

omit the definition of “intoxicating liquor”, and

c

for the definition of “unlicensed sale” substitute—

“unauthorised sale”, in relation to any alcohol, means any supply of the alcohol (within the meaning of section 14 of the Licensing Act 2003) which—

a

is a licensable activity within the meaning of that Act, but

b

is made otherwise than under and in accordance with an authorisation (within the meaning of section 136 of that Act).

128

In Schedule 1 (powers of seizure)—

a

at the end of Part 1 insert—

74Licensing Act 2003

The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club).

b

at the end of Part 3 insert—

110Licensing Act 2003

The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club).

I49SCHEDULE 7Repeals

Section 199

Annotations:
Commencement Information
I49

Sch. 7 in force for certain purposes at 17.7.2003 by S.I. 2003/1911, art. 2; Sch. 7 in force for certain further purposes at 10.9.2003 by S.I. 2003/2100, art. 2; Sch. 7 in force for certain further purposes at 24.11.2005 by S.I. 2005/3056, art. 2 (with art. 4)

Amendments (Textual)

Short title and chapter

Extent of repeal

Universities (Wine Licences) Act 1743 (c. 40)

The whole Act.

Sunday Observance Act 1780 (21 Geo. 3 c. 49)

The whole Act.

Metropolitan Police Act 1839 (c. 47)

Section 41.

Town Police Clauses Act 1847 (c. 89)

Section 35.

Cambridge Award Act 1856 (c. xvii)

Sections 9 and 11.

Inebriates Act 1898 (c. 60)

In the First Schedule—

  • the entry relating to section 18 of the Licensing Act 1872, and

  • the entry relating to section 41 of the Refreshment Houses Act 1860.

Sunday Entertainments Act 1932 (c. 51)

The whole Act.

Children and Young Persons Act 1933 (c. 12)

In section 12(3), the words from “, and also” to the end.

In section 107, the definition of “intoxicating liquor”.

Public Health Act 1936 (c. 49)

Section 226(4).

Common Informers Act 1951 (c. 39)

In the Schedule—

  • the entry relating to section 11 of the Universities (Wine Licences) Act 1743, and

  • the entry relating to the Sunday Observance Act 1780.

Hypnotism Act 1952 (c. 46)

Section 1(2).

London Government Act 1963 (c. 33)

Section 52(3).

Schedule 12.

Offices, Shops and Railway Premises Act 1963 (c. 41)

In section 90, the definition of “place of public entertainment”.

Licensing Act 1964 (c. 26)

The whole Act.

Administration of Justice Act 1964 (c. 42)

In Schedule 3, paragraph 31.

Refreshment Houses Act 1964 (c. 88)

The whole Act.

Private Places of Entertainment (Licensing) Act 1967 (c. 19)

The whole Act.

Licensing (Amendment) Act 1967 (c. 51)

The whole Act.

Finance Act 1967 (c. 54)

In section 5—

  • in subsection (1),the words “; and accordingly as from that date—” and paragraphs (c) and (e), and

  • in subsection (3), the words “which is registered within the meaning of the Licensing Act 1964 or”.

Section 45(4).

Schedule 7.

Theatres Act 1968 (c. 54)

Section 15(6).

Section 17.

In section 18(1), in the definition of “licensing authority”, paragraphs (a), (b) and (bb).

In Schedule 2—

  • the entries relating to the Licensing Act 1964, and

  • the entry relating to the Private Places of Entertainment (Licensing) Act 1967.

Gaming Act 1968 (c. 65)

In Schedule 9—

  • paragraph 11(5),

  • paragraph 14, and

  • paragraph 24.

In Schedule 11, in Part 3, the entries relating to the Licensing Act 1964.

Greater London Council (General Powers) Act 1968 (c.xxxix)

Sections 47 to 55.

Late Night Refreshment Houses Act 1969 (c. 53)

The whole Act.

Finance Act 1970 (c. 24)

In section 6(2)(b), the words “, the Licensing Act 1964”.

Courts Act 1971 (c. 23)

In Schedule 6, paragraphs 7 and 13.

In Schedule 8, paragraph 42.

In Schedule 9, in Part 1, the entries relating to—

  • the London Government Act 1963,

  • the Licensing Act 1964,

  • the Private Places of Entertainment (Licensing) Act 1967,

  • the Theatres Act 1968, and

  • the Late Night Refreshment Houses Act 1969.

Sunday Theatre Act 1972 (c. 26)

The whole Act.

Local Government Act 1972 (c. 70)

In section 78(1), the definition of “public body”.

Section 204.

In Schedule 25, paragraphs 1 to 9.

Local Government Act 1974 (c. 7)

In Schedule 6, paragraph 24.

Licensing (Amendment) Act 1976 (c. 18 )

The whole Act.

Lotteries and Amusements Act 1976 (c. 32)

In Schedule 3—

  • in paragraph 1(2), the definition of “the proper officer of the authority”, and

  • paragraphs 8(4) and 11.

Licensing (Scotland) Act 1976 (c. 66)

In Schedule 7, paragraphs 9(a), (b), (d) and (f), 10, 11 and 12.

Greater London Council (General Powers) Act 1976 (c. xxvi)

Sections 5 to 8.

Licensing (Amendment) Act 1977 (c. 26)

The whole Act.

Greater London Council (General Powers) Act 1978 (c. xiii)

Sections 3 and 4.

Section 5(4)(a)(ii) and the word “or” immediately preceding it.

Customs and Excise Management Act 1979 (c. 2)

In Schedule 4, in paragraph 12, in the Table, the entry relating to the Licensing Act 1964.

Alcoholic Liquor Duties Act 1979 (c. 4)

In section 4—

  • in the definition of “justices' licence” and “justices' on-licence”, paragraph (a), and

  • in the definition of “registered club”, the words “which is for the time being registered within the meaning of the Licensing Act 1964 or”.

In section 71(5)—

  • the words “England and Wales or”, and

  • paragraph (c).

In Schedule 3, paragraph 5.

Greater London Council (General Powers) Act 1979 (c. xxiii)

Section 3.

Licensing (Amendment) Act 1980 (c. 40)

The whole Act.

Magistrates' Courts Act 1980 (c. 43)

In Schedule 6, in Part 3, paragraphs 3 and 5.

In Schedule 7, paragraphs 45 to 48 and 50.

Local Government, Planning and Land Act 1980 (c. 65)

Sections 131 and 132.

In section 133(1), the definitions of “development corporation” and “the 1964 Act”.

Highways Act 1980 (c. 66)

In Schedule 24, paragraph 12.

Finance Act 1981 (c. 35)

In Schedule 8, paragraphs 24 and 25.

Licensing (Amendment) Act 1981 (c. 40)

The whole Act.

F147Senior Courts Act 1981(c. 54)

In section 28(2)(b), the words “the Licensing Act 1964,”.

New Towns Act 1981 (c. 64)

In Schedule 2, paragraph 2.

In Schedule 12, paragraphs 1 and 29(a)(i).

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

Section 1.

Sections 4 to 7.

Schedule 1.

In Schedule 2, paragraphs 1 to 6.

Greater London Council (General Powers) Act 1982 (c. i)

Section 7.

Representation of the People Act 1983 (c. 2)

In Schedule 7, paragraph 4.

In Schedule 8, paragraphs 7 to 10.

Licensing (Occasional Permissions) Act 1983 (c. 24)

The whole Act.

Building Act 1984 (c. 55)

In section 74(2), paragraph (a) and the word “or” immediately following it.

Greater London Council (General Powers) Act 1984 (c.xxvii)

Section 4(1) and (3).

Sections 19 to 22.

Cinemas Act 1985 (c. 13)

Section 3(1A).

Section 9.

Sections 17 and 18.

In section 19(3), paragraph (a) and the word “or” immediately following it.

In Schedule 2, paragraphs 2, 3, 6, 7, 8, 14, 15 and 16(a) and the word “and” immediately following it.

Licensing (Amendment) Act 1985 (c. 40)

The whole Act.

Local Government Act 1985 (c. 51)

In Schedule 8—

  • paragraph 1(1),

  • in paragraph 1(3), the words following paragraph (c), and

  • paragraphs 2 to 5.

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

Section 2(1A).

Sections 3 to 6.

Section 8(d) and (e).

Section 9(5).

The Schedule.

Insolvency Act 1985 (c. 65)

In Schedule 8, paragraph 12.

Insolvency Act 1986 (c. 45)

In Schedule 14, the entries relating to the Licensing Act 1964.

Sex Discrimination Act 1986 (c. 59)

Section 5.

Public Order Act 1986 (c. 64)

In Schedule 1, paragraphs 4, 5, 7(5) and 8.

Greater London Council (General Powers) Act 1986 (c. iv)

Section 3.

Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

Sections 42, 43, 45 and 46.

Schedule 3.

In Schedule 5—

  • in paragraph 1, the definition of “the 1963 Act” and the definition of “the 1982 Act” and the word “and” immediately preceding it, and

  • paragraphs 8 to 10.

Licensing Act 1988 (c. 17)

The whole Act.

Licensing (Retail Sales) Act 1988 (c. 25)

The whole Act.

Licensing (Amendment) Act 1989 (c. 20)

The whole Act.

Employment Act 1989 (c. 38)

In Schedule 6, paragraph 30.

Town and Country Planning Act 1990 (c. 8)

Section 334.

Entertainments (Increased Penalties) Act 1990 (c. 20)

Section 1.

Licensing (Low Alcohol Drinks) Act 1990 (c. 21)

Section 1.

Broadcasting Act 1990 (c. 42)

In Schedule 20, paragraphs 7 and 8.

London Local Authorities Act 1990 (c. vii)

Sections 4 to 17, 19 and 20.

London Local Authorities (No. 2) Act 1990 (c. xxx)

Section 6.

Finance Act 1991 (c. 31)

In Schedule 2, in paragraph 1, the words “, the Licensing Act 1964”.

London Local Authorities Act 1991 (c. xiii)

Sections 18 to 21.

Sporting Events (Control of Alcohol etc.) (Amendment) Act 1992 (c. 57)

The whole Act.

Charities Act 1993 (c. 10)

In Schedule 6, paragraph 27.

Local Government (Wales) Act 1994 (c. 19)

In Schedule 2, paragraph 2.

In Schedule 15, paragraph 41.

In Schedule 16, paragraphs 22, 29, 32, 36, 69 and 73.

Coal Industry Act 1994 (c. 21)

In Schedule 9, paragraph 8.

Criminal Justice and Public Order Act 1994 (c. 33)

In section 63—

  • in subsection (10), the definitions of “entertainment licence” and “local authority”, and

  • subsection (11).

Deregulation and Contracting Out Act 1994 (c. 40)

Section 18(1).

Section 19.

Section 21.

Schedule 7.

In Schedule 11, paragraph 1.

London Local Authorities Act 1994 (c. xii)

Section 5.

Licensing (Sunday Hours) Act 1995 (c. 33)

The whole Act.

London Local Authorities Act 1995 (c. x)

In section 14—

  • in paragraph (B), the words “Schedule 12 to the London Government Act 1963,” and “or the Private Places of Entertainment (Licensing) Act 1967”, and

  • paragraphs (C) to (E).

Section 28.

Sections 45 and 46.

London Local Authorities Act 1996 (c. ix)

Sections 20 to 23.

Justices of the Peace Act 1997 (c. 25)

In Schedule 4, in paragraph 17(3), the words “, other than any duties as secretary to a licensing planning committee under Part VII of the Licensing Act 1964”.

Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

In section 1(1), the words “(other than a sealed container)”.

Public Entertainments Licences (Drug Misuse) Act 1997 (c. 49)

The whole Act.

Access to Justice Act 1999 (c. 22)

In Schedule 10, paragraphs 23 to 29 and 31.

In Schedule 11, paragraph 17.

In Schedule 13, paragraphs 36 to 56, 61, 62, 87, 124 and 132.

Greater London Authority Act 1999 (c. 29)

In Schedule 29, paragraphs 6, 67, 70 and 71.

Licensing (Young Persons) Act 2000 (c. 30)

The whole Act.

Freedom of Information Act 2000 (c. 36)

In Schedule 1, paragraph 17.

London Local Authorities Act 2000 (c. vii)

Sections 22 to 26.

Schedule 1.

Criminal Justice and Police Act 2001 (c. 16)

In section 1(1), in the Table, the entry relating to section 169C(3) of the Licensing Act 1964.

In section 12(2)(b), the words “(other than a sealed container)”.

Section 14(2).

In section 16(1), the definition of “intoxicating liquor” and the word “and” immediately following it.

Sections 17 and 18.

In section 28, the definition of “intoxicating liquor”.

Sections 30 to 32.

In Schedule 1, paragraphs 7 and 90.

SCHEDULE 8Transitional provision etc.

Section 200

Part 1Premises licences

Introductory

I501

1

In this Part—

  • “canteen licence” has the same meaning as in section 148 of the 1964 Act (licences for seamen’s canteens);

  • “children’s certificate” has the same meaning as in section 168A of that Act;

  • “existing licence” means—

    1. a

      a justices' licence,

    2. b

      a canteen licence,

    3. c

      a licence under Schedule 12 to the London Government Act 1963 (c. 33) (licensing of public entertainment in Greater London),

    4. d

      a licence under the Private Places of Entertainment (Licensing) Act 1967 (c. 19),

    5. e

      a licence under the Theatres Act 1968 (c. 54),

    6. f

      a licence under the Late Night Refreshment Houses Act 1969 (c. 53),

    7. g

      a licence under Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (licensing of public entertainments outside Greater London),

    8. h

      a licence under section 1 of the Cinemas Act 1985 (c. 13), or

    9. i

      a licence under Part 2 of the London Local Authorities Act 1990 (c.vii) (night cafe licensing);

  • “existing licensable activities”, under an existing licence, are—

    1. a

      the licensable activities authorised by the licence, and

    2. b

      any other licensable activities which may be carried on, at the premises in respect of which the licence has effect, by virtue of the existence of the licence (see sub-paragraph (2));

  • “first appointed day” means such day as may be specified as the first appointed day for the purposes of this Part;

  • “new licence” has the meaning given in paragraph 5(1);

  • “relevant existing licence”, in relation to an application under paragraph 2, means an existing licence to which the application relates;

  • “relevant licensing authority” has the same meaning as in Part 3 of this Act (premises licences);

  • “second appointed day” means such day as may be specified as the second appointed day for the purposes of this Part; and

  • “supply of alcohol” means—

    1. a

      sale by retail of alcohol, or

    2. b

      supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

2

In determining, for the purposes of paragraph (b) of the definition of “existing licensable activities”, the other licensable activities which may be carried on by virtue of a licence—

a

section 182 of the 1964 Act (relaxation of law relating to music and dancing licences) is to be disregarded so far as it relates to public entertainment by way of music and singing provided by not more than two performers, and

b

in the case of an existing licence granted under the Theatres Act 1968 (c. 54), the reference in that paragraph to the licence is to be read as including a reference to any notice in force under section 199(c) of the 1964 Act (notice of intention to sell alcohol by retail at licensed theatre premises) in relation to that licence.

3

In the application of section 12 (relevant licensing authority in Part 3 of this Act) for the purposes of this Part, the reference in subsection (4)(a) of that section to an applicant for a premises licence is to be read as a reference to an applicant under paragraph 2 for the grant of a licence under paragraph 4.

Application for conversion of existing licence

I512

1

This paragraph applies where, in respect of any premises, one or more existing licences have effect on the first appointed day.

2

A person may, within the period of six months beginning with the first appointed day, apply to the relevant licensing authority for the grant of a licence under paragraph 4 to succeed one or more of those existing licences.

3

But an application may be made under this paragraph in respect of an existing licence only if—

a

it is held by the applicant, or

b

the holder of the licence consents to the application being made.

4

An application under this paragraph must specify—

a

the existing licensable activities under the relevant existing licence or, if there is more than one, the relevant existing licences,

b

if any relevant existing licence authorises the supply of alcohol, specified information about the person whom the applicant wishes to be the premises supervisor under the licence granted under paragraph 4, and

c

such other information as may be specified.

5

The application must also be in the specified form and accompanied by—

a

the relevant documents, and

b

the specified fee.

6

The relevant documents are—

a

the relevant existing licence or, if there is more than one, each of them (or a certified copy of the licence or licences in question),

b

a plan in the specified form of the premises to which the relevant existing licence or licences relate,

c

if any relevant existing licence authorises the supply of alcohol, any children’s certificate in force in respect of the premises (or a certified copy of any such certificate),

d

a form of consent in the specified form, given by the individual (if any) named in the application in accordance with sub-paragraph (4)(b),

e

a form of consent in the specified form, given by any person who is required to consent to the application under sub-paragraph (3), and

f

such other documents as may be specified.

7

In this paragraph any reference to a certified copy of a document is a reference to a copy of that document certified to be a true copy—

a

in the case of a justices' licence, children’s certificate or canteen licence, by the chief executive of the licensing justices for the licensing district in which the premises are situated,

b

in any other case, by the chief executive of the local authority which issued the licence,

c

by a solicitor or notary, or

d

by a person of a specified description.

8

A document which purports to be a certified copy of an existing licence or children’s certificate is to be taken to be such a copy unless the contrary is shown.

Police consultation

3

1

Where a person makes an application under paragraph 2, he must give a copy of the application (and any documents which accompanied it) to the chief officer of police for the police area (or each police area) in which the premises are situated no later than 48 hours after the application is made.

2

Where—

a

an appeal is pending against a decision to revoke, or to reject an application for the renewal of, the relevant existing licence or, if there is more than one such licence, a relevant existing licence, and

b

a chief officer of police who has received a copy of the application under sub-paragraph (1) is satisfied that converting that existing licence in accordance with this Part would undermine the crime prevention objective,

he must give the relevant licensing authority and the applicant a notice to that effect.

3

Where a chief officer of police who has received a copy of an application under sub-paragraph (1) is satisfied that, because of a material change in circumstances since the relevant time, converting the relevant existing licence or, if there is more than one such licence, a relevant existing licence in accordance with this Part would undermine the crime prevention objective, he must give the relevant licensing authority and the applicant a notice to that effect.

4

For this purpose “relevant time” means the time when the relevant existing licence was granted or, if it has been renewed, the last time it was renewed.

5

The chief officer of police may not give a notice under sub-paragraph (2) or (3) after the end of the period of 28 days beginning with the day on which he received a copy of the application under sub-paragraph (1).

Determination of application

4

1

This paragraph applies where an application is made in accordance with paragraph 2 and the applicant complies with paragraph 3(1).

2

Subject to sub-paragraphs (3) and (5), the relevant licensing authority must grant the application.

3

Where a notice is given under paragraph 3(2) or (3) in respect of an existing licence (and not withdrawn), the authority must—

a

hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and

b

having regard to the notice—

i

in a case where the application relates only to that licence, reject the application, and

ii

in any other case, reject the application to the extent that it relates to that licence,

if it considers it necessary for the promotion of the crime prevention objective to do so.

4

If the relevant licensing authority fails to determine the application within the period of two months beginning with the day on which it received it, then, subject to sub-paragraph (5), the application is to be treated as granted by the authority under this paragraph.

5

An application must not be granted (and is not to be treated as granted under sub-paragraph (4))—

a

if the relevant existing licence has or, if there is more than one, all the relevant existing licences have ceased to be held by the applicant before the relevant time, or

b

where there is more than one relevant existing licence (but paragraph (a) does not apply), to the extent that the application relates to an existing licence which has ceased to be held by the applicant before the relevant time.

6

For the purposes of sub-paragraph (5)—

a

where, for the purposes of paragraph 2(3)(b) a person has consented to an application being made in respect of a relevant existing licence, sub-paragraph (5)(a) and (b) applies in relation to that licence as if the reference to the applicant were a reference to—

i

that person, or

ii

any other person to whom the existing licence has been transferred and who has given his consent for the purposes of this paragraph, and

b

“the relevant time” is the time of the determination of the application or, in a case within sub-paragraph (4), the end of the period mentioned in that sub-paragraph.

7

Section 10 applies as if the relevant licensing authority’s functions under sub-paragraph (3) were included in the list of functions in subsection (4) of that section (functions which cannot be delegated to an officer of the licensing authority).

Notification of determination and issue of new licence

5

1

Where an application is granted (in whole or in part) under paragraph 4, the relevant licensing authority must forthwith—

a

give the applicant a notice to that effect, and

b

issue the applicant with—

i

a licence in respect of the premises (a “new licence”) in accordance with paragraph 6, and

ii

a summary of the new licence.

2

Where an application is rejected (in whole or in part) under paragraph 4, the relevant licensing authority must forthwith give the applicant a notice to that effect stating the authority’s reasons for its decision to reject the application.

3

The relevant licensing authority must give a copy of any notice it gives under sub-paragraph (1) or (2) to the chief officer of police for the police area (or each police area) in which the premises to which the notice relates are situated.

The new licence

I526

1

This paragraph applies where a new licence is granted under paragraph 4 in respect of one or more existing licences.

2

Where an application under paragraph 2 is granted in part only, any relevant existing licence in respect of which the application was rejected is to be disregarded for the purposes of the following provisions of this paragraph.

3

The new licence is to be treated as if it were a premises licence (see section 11), and sections 19, 20 and 21 (mandatory conditions for premises licences) apply in relation to it accordingly.

4

The new licence takes effect on the second appointed day.

5

The new licence must authorise the premises in question to be used for the existing licensable activities under the relevant existing licence or, if there is more than one relevant existing licence, the relevant existing licences.

6

Subject to sections 19, 20 and 21 and the remaining provisions of this paragraph, the new licence must be granted subject to such conditions as reproduce the effect of—

a

the conditions subject to which the relevant existing licence has effect at the time the application is granted, or

b

if there is more than one relevant existing licence, all the conditions subject to which those licences have effect at that time.

7

Where the new licence authorises the supply of alcohol, the new licence must designate the person named in the application under paragraph 2(4)(b) as the premises supervisor.

8

The new licence must also be granted subject to conditions which reproduce the effect of any restriction imposed on the use of the premises for the existing licensable activities under the relevant existing licence or licences by any enactment specified for the purposes of this Part.

9

In determining those restrictions, the relevant licensing authority must have regard to any children’s certificate which accompanied (or a certified copy of which accompanied) the application and which remains in force.

10

Nothing in sub-paragraph (6) or (8) requires the new licence to be granted for a limited period.

11

But, where the application under paragraph 2 includes a request for the new licence to have effect for a limited period, the new licence is to be granted subject to that condition.

Variation of new licence

7

1

A person who makes an application under paragraph 2 may (notwithstanding that no licence has yet been granted in consequence of that application) at the same time apply—

a

under section 37 for any licence so granted to be varied so as to specify the individual named in the application as the premises supervisor, or

b

under section 34 for any other variation of any such licence,

and for the purposes of an application within paragraph (a) or (b) the applicant is to be treated as the holder of that licence.

2

In relation to an application within sub-paragraph (1)(a) or (b), the relevant licensing authority may discharge its functions under section 35 or 39 only if, and when, the application under paragraph 2 has been granted.

3

Where an application within sub-paragraph (1)(a) or (b) is not determined by the relevant licensing authority within the period of two months beginning with the day the application was received by the authority, it is to be treated as having been rejected by the authority under section 35 or 39 (as the case may be) at the end of that period.

Existing licence revoked after grant of new licence

8

1

This paragraph applies where the relevant licensing authority grants a new licence under this Part in respect of one or more existing licences.

2

If sub-paragraph (4) applies to the existing licence (or each of the existing licences) which the new licence succeeds, the new licence lapses.

3

If—

a

where the new licence relates to more than one relevant existing licence, sub-paragraph (4) applies to one or more, but not all, of those licences, or

b

sub-paragraph (4) applies to a children’s certificate in respect of the premises,

the licensing authority must amend the new licence so as to remove from it any provision which would not have been included in it but for the existence of any existing licence or certificate to which sub-paragraph (4) applies.

4

This sub-paragraph applies to an existing licence or children’s certificate if—

a

it is revoked before the second appointed day, or

b

where an appeal against a decision to revoke it is pending immediately before that day, the appeal is dismissed or abandoned.

5

Any amendment under sub-paragraph (3) takes effect when it is notified to the holder of the new licence by the relevant licensing authority.

6

The relevant licensing authority must give a copy of any notice under sub-paragraph (5) to the chief officer of police for the police area (or each police area) in which the premises to which the new licence relates are situated.

Appeals

9

1

Where an application under paragraph 2 is rejected (in whole or in part) by the relevant licensing authority, the applicant may appeal against that decision.

2

Where a licensing authority grants such an application (in whole or in part), any chief officer of police who gave a notice in relation to it under paragraph 3(2) or (3) (that was not withdrawn) may appeal against that decision.

3

Where a licence is amended under paragraph 8, the holder of the licence may appeal against that decision.

4

Section 181 and paragraph 9(1) and (2) of Schedule 5 (general provision about appeals against decisions under Part 3 of this Act) apply in relation to appeals under this paragraph as they apply in relation to appeals under Part 1 of that Schedule.

5

Paragraph 9(3) of that Schedule applies in relation to an appeal under sub-paragraph (2).

False statements

10

1

A person commits an offence if he knowingly or recklessly makes a false statement in or in connection with an application under paragraph 2.

2

For the purposes of sub-paragraph (1) a person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement.

3

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Opening hours

I5311

1

This paragraph applies where—

a

within such period (of not less than six months) as may be specified, the holder of a justices' licence for any premises applies, in accordance with Part 3 of this Act, for the grant of a premises licence in respect of those premises, and

b

the licence, if granted in the form applied for, would authorise the sale by retail of alcohol.

2

In determining the application for the premises licence under section 18, the relevant licensing authority may not, by virtue of subsection (3)(b) of that section, grant the licence subject to conditions which prevent the sale of alcohol on the premises during the permitted hours.

3

But sub-paragraph (2) does not apply where—

a

there has been a material change in circumstances since the relevant time, and

b

the relevant representations made in respect of the application include representations made by the chief officer of police for the police area (or any police area) in which the premises are situated advocating that, for the purposes of promoting the crime prevention objective, the premises licence ought to authorise the sale of alcohol during more restricted hours than the permitted hours.

4

In this paragraph—

  • “permitted hours” means the permitted hours during which the holder of the justices' licence is permitted to sell alcohol on the premises under Part 3 of the 1964 Act;

  • “relevant representations” has the meaning given in section 18(6); and

  • “relevant time” means the time when the justices' licence was granted or, if it has been renewed, the last time it was renewed.

Provisional licences

I5412

1

Where—

a

during such period as may be specified the relevant licensing authority receives an application in accordance with Part 3 of this Act for the grant of a premises licence in respect of any premises (“the relevant premises”),

b

under section 6 of the 1964 Act, a provisional grant of a justices' licence has been made for—

i

the relevant premises or a part of them, or

ii

premises that are substantially the same as the relevant premises or a part of them, and

c

the conditions of sub-paragraph (2) are satisfied,

the licensing authority must have regard to the provisional grant of the justices' licence when determining the application for the grant of the premises licence.

2

The conditions are—

a

that the provisional grant of the justices' licence has not been declared final, and

b

that the premises to which the provisional grant relates have been completed in a manner which substantially complies with the plans deposited under the 1964 Act or, as the case may be, with those plans with modifications consented to under section 6(3) of that Act.

Part 2Club premises certificates

Introductory

I5513

1

In this Part—

  • “existing club certificate” means a certificate held by a club under Part 2 of the 1964 Act for any premises;

  • “existing qualifying club activities” means the qualifying club activities authorised by the relevant existing club certificate in respect of those premises;

  • “first appointed day” means such day as may be specified as the first appointed day for the purposes of this Part;

  • “relevant existing club certificate”, in relation to an application under paragraph 14, means the existing club certificate to which the application relates;

  • “relevant licensing authority” has the same meaning as in Part 4 of this Act (club premises certificates); and

  • “second appointed day” means such day as may be specified as the second appointed day for the purposes of this Part.

2

In the application of section 68 (relevant licensing authority in Part 4 of this Act) for the purposes of this Part, the reference in subsection (4) of that section to an applicant for a club premises certificate is to be read as a reference to an applicant under paragraph 14 for the grant of a certificate under paragraph 16.

Application for conversion of existing club certificate

I5614

1

This paragraph applies where, in respect of any premises, a club holds an existing club certificate on the first appointed day.

2

The club may, within the period of six months beginning with the first appointed day, apply to the relevant licensing authority for the grant of a certificate under paragraph 16 to succeed the existing club certificate so far as it relates to those premises.

3

An application under this Part must specify the existing qualifying club activities and such other information as may be specified.

4

The application must also be in the specified form and accompanied by—

a

the relevant documents, and

b

the specified fee.

5

The relevant documents are—

a

the relevant existing club certificate (or a certified copy of it),

b

a plan in the specified form of the premises to which that certificate relates, and

c

such other documents as may be specified.

6

In this paragraph any reference to a certified copy of a document is a reference to a copy of that document certified to be a true copy—

a

by the chief executive of the licensing justices for the licensing district in which the premises are situated,

b

by a solicitor or notary, or

c

by a person of a specified description.

7

A document which purports to be a certified copy of an existing club certificate is to be taken to be such a copy unless the contrary is shown.

Police consultation

15

1

Where a person makes an application under paragraph 14, he must give a copy of the application (and any documents which accompany it) to the chief officer of police for the police area (or each police area) in which the premises are situated no later than 48 hours after the application is made.

2

Where—

a

an appeal is pending against a decision to revoke, or to reject an application for the renewal of, the relevant existing club certificate, and

b

a chief officer of police who has received a copy of the application under sub-paragraph (1) is satisfied that converting that existing club certificate in accordance with this Part would undermine the crime prevention objective,

he must give the relevant licensing authority and the applicant a notice to that effect.

3

Where a chief officer of police who has received a copy of the application under sub-paragraph (1) is satisfied that, because of a material change in circumstances since the relevant time, converting the relevant existing club certificate in accordance with this Part would undermine the crime prevention objective, he must give the relevant licensing authority and the applicant a notice to that effect.

4

For this purpose “the relevant time” means the time when the relevant existing club certificate was granted or, if it has been renewed, the last time it was renewed.

5

The chief officer of police may not give a notice under sub-paragraph (2) or (3) after the end of the period of 28 days beginning with the day on which he received a copy of the application under sub-paragraph (1).

Determination of application

16

1

This paragraph applies where an application is made in accordance with paragraph 14 and the applicant complies with paragraph 15(1).

2

Subject to sub-paragraphs (3) and (5), the licensing authority must grant the application.

3

Where a notice is given under paragraph 15(2) or (3) (and not withdrawn), the authority must—

a

hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and

b

having regard to the notice, reject the application if it considers it necessary for the promotion of the crime prevention objective to do so.

4

If the relevant licensing authority fails to determine the application within the period of two months beginning with the day on which it received it, then, subject to sub-paragraph (5), the application is to be treated as granted by the authority under this paragraph.

5

An application must not be granted (and is not to be treated as granted under sub-paragraph (4)) if the existing club certificate has ceased to have effect at—

a

the time of the determination of the application, or

b

in a case within sub-paragraph (4), the end of the period mentioned in that sub-paragraph.

6

Section 10 applies as if the relevant licensing authority’s functions under sub-paragraph (3) were included in the list of functions in subsection (4) of that section (functions which cannot be delegated to an officer of the licensing authority).

Notification of determination and issue of new certificate

17

1

Where an application is granted under paragraph 16, the relevant licensing authority must forthwith—

a

give the applicant a notice to that effect, and

b

issue the applicant with—

i

a certificate in respect of the premises (“the new certificate”) in accordance with paragraph 18, and

ii

a summary of the new certificate.

2

Where an application is rejected under paragraph 16, the relevant licensing authority must forthwith give the applicant a notice to that effect containing a statement of the authority’s reasons for its decision to reject the application.

3

The relevant licensing authority must give a copy of any notice it gives under sub-paragraph (1) or (2) to the chief officer of police for the police area (or each police area) in which the premises to which the notice relates are situated.

The new certificate

I5718

1

The new certificate is to be treated as if it were a club premises certificate (see section 60), and sections 73, 74 and 75 apply in relation to it accordingly.

2

The new certificate takes effect on the second appointed day.

3

The new certificate must authorise the premises to be used for the existing qualifying club activities.

4

Subject to sections 73, 74 and 75, the new certificate must be granted subject to such conditions as reproduce the effect of the conditions subject to which the relevant existing club certificate has effect at the time the application is granted.

5

The new certificate must also be granted subject to conditions which reproduce the effect of any restriction imposed on the use of the premises for the existing qualifying club activities by any enactment specified for the purposes of this Part.

6

Nothing in sub-paragraph (4) or (5) requires the new certificate to be granted for a limited period.

Variation of new certificate

19

1

A person who makes an application under paragraph 14 may (notwithstanding that no certificate has yet been granted in consequence of that application) at the same time apply under section 84 for a variation of the certificate, and, for the purposes of such an application, the applicant is to be treated as the holder of that certificate.

2

In relation to an application within sub-paragraph (1), the relevant licensing authority may discharge its functions under section 85 only if, and when, the application under this Part has been granted.

3

Where an application within sub-paragraph (1) is not determined by the relevant licensing authority within the period of two months beginning with the day the application was received by the authority, it is to be treated as having been rejected by the authority under section 85 at the end of that period.

Existing club certificate revoked after grant of new certificate

20

Where the relevant licensing authority grants a new certificate under this Part, that certificate lapses if and when—

a

the existing club certificate is revoked before the second appointed day, or

b

where an appeal against a decision to revoke it is pending immediately before that day, the appeal is dismissed or abandoned.

Appeals

21

1

Where an application under paragraph 14 is rejected by the relevant licensing authority, the applicant may appeal against that decision.

2

Where a licensing authority grants such an application, any chief officer of police who gave a notice under paragraph 15(2) or (3) (that was not withdrawn) may appeal against that decision.

3

Section 181 and paragraph 15(1) and (2) of Schedule 5 (general provision about appeals against decisions under Part 4 of this Act) apply in relation to appeals under this paragraph as they apply in relation to appeals under Part 2 of that Schedule.

4

Paragraph 15(3) of that Schedule applies in relation to an appeal under sub-paragraph (2).

False statements

22

1

A person commits an offence if he knowingly or recklessly makes a false statement in or in connection with an application under paragraph 14.

2

For the purposes of sub-paragraph (1) a person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement.

3

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Part 3Personal licences

Introductory

I5823

1

Paragraphs 24 to 27 apply where—

a

during the transitional period, the holder of a justices' licence applies to the relevant licensing authority for the grant of a personal licence under section 117,

b

the application is accompanied by the documents mentioned in sub-paragraph (3), and

c

the applicant gives a copy of the application to the chief officer of police for the relevant licensing authority’s area within 48 hours from the time the application is made.

2

In this paragraph “transitional period” means such period (of not less than six months) as may be specified for the purposes of this Part.

3

The documents are—

a

the justices' licence (or a certified copy of that licence),

b

a photograph of the applicant in the specified form which is endorsed, by a person of a specified description, with a statement verifying the likeness of the photograph to the applicant, and

c

where the applicant has been convicted of any relevant offence or foreign offence on or after the relevant date, a statement giving details of the offence.

4

In this paragraph any reference to a certified copy of a justices' licence is to a copy of that licence certified to be a true copy—

a

by the F148designated officer for the licensing justices for the licensing district concerned,

b

by a solicitor or notary, or

c

by a person of a specified description.

5

A document which purports to be a certified copy of a justices' licence is to be taken to be such a copy, unless the contrary is shown.

Section 120 disapplied

24

Section 120 (determination of application for grant) does not apply in relation to the application.

Police objections

25

1

Sub-paragraph (2) applies where—

a

the applicant has been convicted of any relevant offences or foreign offences on or after the relevant date, and

b

having regard to—

i

any conviction of the applicant for a relevant offence, and

ii

any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence,

whether occurring before or after the relevant date, the chief officer of police is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective.

2

The chief officer of police must give a notice stating the reasons why he is so satisfied (an “objection notice”)—

a

to the relevant licensing authority, and

b

to the applicant.

3

The objection notice must be given no later than 28 days after the day on which the chief officer of police receives a copy of the application in accordance with paragraph 23(1)(c).

4

For the purposes of this paragraph—

a

“relevant offence” and “foreign offence” have the meaning given in section 113, and

b

section 114 (spent convictions) applies for the purposes of this paragraph as it applies for the purposes of section 120.

Determination of application

26

1

The relevant licensing authority must grant the application if—

a

it is satisfied that the applicant holds a justices' licence, and

b

no objection notice has been given within the period mentioned in paragraph 25(3) or any notice so given has been withdrawn.

2

Where the authority is not satisfied that the applicant holds a justices' licence, it must reject the application.

3

Where the authority is so satisfied, but sub-paragraph (1)(b) does not apply, it—

a

must hold a hearing to consider the objection notice, and

b

having regard to the notice, must—

i

reject the application if it considers it necessary for the promotion of the crime prevention objective to do so, and

ii

grant the application in any other case.

4

If the authority fails to determine the application within the period of three months beginning with the day on which it receives it, then, the application is to be treated as granted by the authority under this paragraph.

5

Section 10 applies as if the relevant licensing authority’s functions under sub-paragraph (3) were included in the list of functions in subsection (4) of that section (functions which cannot be delegated to an officer of the licensing authority).

6

In the application of section 122 (notification of determinations) to a determination under this paragraph, the references to an objection notice are to be read as references to an objection notice within the meaning of paragraph 25(2).

Appeals

27

1

Where a licensing authority rejects an application under paragraph 26, the applicant may appeal against that decision.

2

Where a licensing authority grants an application for a personal licence under paragraph 26(3), the chief officer of police who gave the objection notice may appeal against that decision.

3

Section 181 and paragraph 17(6) and (7) of Schedule 5 (general provision about appeals relating to personal licences) apply in relation to appeals under this paragraph as they apply in relation to appeals under paragraph 17 of that Schedule.

4

Paragraph 17(8) of that Schedule applies in relation to an appeal under sub-paragraph (2) above.

Interpretation of Part 3

28

For the purposes of this Part—

  • “relevant date”, in relation to the holder of a justices' licence, means—

    1. a

      the date when the licence was granted, or

    2. b

      where it has been renewed, the last date when it was renewed, or

    3. c

      where it has been transferred to the holder and has not been renewed since the transfer, the date when it was transferred; and

  • “relevant licensing authority”, in relation to an application for a personal licence under section 117, means the authority to which the application is made in accordance with that section.

Part 4Miscellaneous and general

Consultation on licensing policy

29

Until such time as section 59 of the 1964 Act (prohibition of sale, etc. of alcohol except during permitted hours and in accordance with justices' licence etc.) ceases to have effect in accordance with this Act, section 5(3) of this Act (licensing authority’s duty to consult before determining licensing policy) has effect as if for paragraphs (c) to (e) there were substituted—

c

such persons as the licensing authority considers to be representative of holders of existing licences (within the meaning of Part 1 of Schedule 8) in respect of premises situated in the authority’s area,

d

such persons as the licensing authority considers to be representative of clubs registered (within the meaning of the Licensing Act 1964 (c. 26)) in respect of any premises situated in the authority’s area,

Meaning of “methylated spirits” (transitory provision)

30

Until such time as an order is made under subsection (6) of section 5 of the Finance Act 1995 (c. 4) (denatured alcohol) bringing that section into force, section 191 of this Act (meaning of “alcohol”) has effect as if—

a

for subsection (1)(f) there were substituted—

f

methylated spirits,

b

in subsection (2), the definition of “denatured alcohol” were omitted and at the appropriate place there were inserted—

“methylated spirits” has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);

Savings

31

Notwithstanding the repeal by this Act of Schedule 12 to the London Government Act 1963 (c. 33) (licensing of public entertainment in Greater London), or of any enactment amending that Schedule, that Schedule shall continue to apply in relation to—

a

licences granted under section 21 of the Greater London Council (General Powers) Act 1966 (c. xxviii) (licensing of public exhibitions in London), and

b

licences granted under section 5 of the Greater London Council (General Powers) Act 1978 (c. xiii) (licensing of entertainments booking offices in London),

as it applied before that repeal.

32

1

In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments), paragraph (ii) of the proviso to paragraph 3A (as substituted by paragraph 85(3) of Schedule 6 to this Act) does not apply in relation to a borough of a participating council (within the meaning of section 2 of the London Local Authorities Act 1990 (c. vii)) which has appointed a day under section 3 of that Act for the coming into force of section 18 of that Act (repeal of paragraph (ii) of the proviso to paragraph 3A of Schedule 3 to that Act).

2

On or after the coming into force of paragraph 85(3) of Schedule 6 to this Act, the reference in section 18 of that Act to paragraph (ii) of the proviso to paragraph 3A of Schedule 3 to that Act is to be read as a reference to that paragraph as substituted by paragraph 85(3) of Schedule 6 to this Act.

33

Notwithstanding that by virtue of this Act the Cinemas Act 1985 (c. 13) ceases to have effect in England and Wales, section 6 of that Act (other than subsection (3)), and sections 5, 20 and 21 of that Act so far as relating to that section, shall continue to have effect there for the purposes of—

a

paragraph 3(2)(b) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (definition of “sex cinema”), and

b

section 3(6)(b) of the Video Recordings Act 1984 (c. 39) (exempted supplies).

Interpretation

34

In this Schedule—

  • “justices' licence” means a justices' licence under Part 1 of the 1964 Act;

  • “specified” means specified by order; and

  • “the 1964 Act” means the Licensing Act 1964 (c. 26).