Search Legislation

Licensing Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Licensing Act 2003, Cross Heading: Supplementary and general is up to date with all changes known to be in force on or before 13 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Supplementary and generalE+W

195Crown applicationE+W

(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.

Modifications etc. (not altering text)

196Removal of privileges and exemptionsE+W

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 ordersE+W

(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),

[F1(aa)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),

[F2(ca)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 [F3subsection (3)(aa), (b),], (c), [F4(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.

[F5(4A)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.

198Minor and consequential amendmentsE+W

(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.

Commencement Information

I1S. 198(2) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 198(1) in force at 24.11.2005 by S.I. 2004/3056, art. 2 (with art. 3)

199RepealsE+W

The enactments mentioned in Schedule 7 (which include provisions that are spent) are repealed to the extent specified.

Commencement Information

I2S. 199 in force for certain purposes at 17.7.2003 by S.I. 2003/1911, art. 2; s. 199 in force for certain further purposes at 10.9.2003 by S.I. 2003/2100, art. 2; s. 199 in force for certain further purposes at 24.11.2005 by S.I. 2005/3056, art. 2 (with art. 4)

200Transitional provision etc.E+W

Schedule 8 (which makes transitional and transitory provision and savings) has effect.

Commencement Information

I3S. 200 in force for certain purposes at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 200 in force for certain further purposes at 7.7.2004 by S.I. 2004/1738, art. 2; s. 200 in force for certain further purposes at 7.2.2005 by S.I. 2004/2360, art. 2(1), Sch.; s. 200 otherwise in force at 24.11.2005 by S.I. 2005/3056, art. 2(2) (with Sch.)

201Short title, commencement and extentE+W

(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.

Subordinate Legislation Made

P1S. 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.)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources