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Licensing Act 2003

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Licensing Act 2003, Cross Heading: Interpretation is up to date with all changes known to be in force on or before 08 May 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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InterpretationE+W

190Location of salesE+W

(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”E+W

(1)In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor [F1(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 [F2or 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—

    (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

    (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.

  • [F3veterinary medicinal product” has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2006]

Textual Amendments

F1Words in s. 191(1) 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. 135, 183(1)(5)(e); S.I. 2017/399, reg. 3(a)

F3S. 191(2): definition of "veterinary medical product" inserted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 44(3), Sch. 9 Pt. 1 para. 13(b) (with reg. 3)

192Meaning of “sale by retail”E+W

(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.

[F4192AEntitlement to work in the United KingdomE+W

(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.]

Textual Amendments

193Other definitionsE+W

[F5(1)] 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;

  • [F6community premises” means premises that are or form part of—

    (a)

    a church hall, chapel hall or other similar building, or

    (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);

  • [F7management 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;

  • [F8relevant electronic facility” means—

    (a)

    the electronic assistance facility referred to in regulation 38 of the Provision of Services Regulations 2009, or

    (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—

    (a)

    “wine” within the meaning of the Alcoholic Liquor Duties Act 1979, and

    (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.

[F9(2)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.]

Textual Amendments

F5S. 193 renumbered as s. 193(1) (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 30(2); S.I. 2017/380, reg. 2(b)

F8S. 193: definition of "relevant electronic facility" inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(14) (with regs. 2, 5)

194Index of defined expressionsE+W

In this Act the following expressions are defined or otherwise explained by the provisions indicated—

ExpressionInterpretation provision
alcoholsection 191
associate membersection 67(2)
authorised person, in Part 3section 13
authorised person, in Part 4section 69
beersection 193
cidersection 193
club premises certificatesection 60
[F10community premisessection 193]
conviction, in Part 6section 114
crime prevention objectivesection 193
designated premises supervisorsection 15
[F11entitled to work in the United Kingdom section 192A]
foreign offence, in Part 6section 113
given, in relation to a notice, etc.section 184
guestsection 67(1)
F12. . .F12. . .
F13. . .F13. . .
[F11immigration offence section 113]
[F11immigration penalty (and required to pay, in relation to an immigration penalty)section 113]
interim authority noticesection 47
late night refreshmentSchedule 2
[F14late temporary event notice section 100A(1)(b)]
licensable activitysection 1(1)
licensed premisessection 193
licensing authoritysection 3(1)
licensing authority’s areasection 3(2)
licensing functionssections 4(1) and 193
licensing objectivessection 4(2)
ordersection 193
permitted temporary activitysection 98
personal licencesection 111(1)
premisessection 193
premises licencesection 11
premises user, in relation to a temporary event noticesection 100(2)
prescribedsection 193
provisional statementsection 29(3)
qualifying clubsection 61
qualifying club activitysection 1(2)
recognised clubsection 193
regulated entertainmentSchedule 1
regulationssection 193
[F15relevant electronic facility section 193]
relevant licensing authority, in Part 3section 12
relevant licensing authority, in Part 4section 68
relevant licensing authority, in Part 5section 99
relevant licensing authority, in Part 6section 112
relevant offence, in Part 6section 113
[F16relevant person, in Part 5 section 99A]
responsible authority, in Part 3section 13
responsible authority, in Part 4section 69
sale by retail, in relation to alcoholsection 192
secretary, in Part 4section 70
[F17standard temporary event notice section 100A(1)(a)]
supply of alcohol, in Part 3section 14
supply of alcohol to members or guests, in relation to a club, in Part 4section 70
temporary event noticesection 100(1)
vehiclesection 193
vesselsection 193
winesection 193
working daysection 193
[F11working illegally, in relation to the prevention of illegal working in licensed premises section 193]

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