Licensing Act 2003 (c. 17)

Part 1 E+W Licensable activities

1 Licensable activities and qualifying club activities E+W

(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).

2 Authorisation for licensable activities and qualifying club activities E+W

(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.