Licensing Act 2003 (c. 17)

SCHEDULES

SCHEDULE 8 E+W Transitional provision etc.

Part 1 E+W Premises licences

Introductory E+W

1 (1) In this Part— E+W

• “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—

  (a)

  a justices' licence,

  (b)

  a canteen licence,

  (c)

  a licence under Schedule 12 to the London Government Act 1963 (c. 33) (licensing of public entertainment in Greater London),

  (d)

  a licence under the Private Places of Entertainment (Licensing) Act 1967 (c. 19),

  (e)

  a licence under the Theatres Act 1968 (c. 54),

  (f)

  a licence under the Late Night Refreshment Houses Act 1969 (c. 53),

  (g)

  a licence under Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (licensing of public entertainments outside Greater London),

  (h)

  a licence under section 1 of the Cinemas Act 1985 (c. 13), or

  (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—

  (a)

  the licensable activities authorised by the licence, and

  (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—

  (a)

  sale by retail of alcohol, or

  (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.

Commencement Information

I1 Sch. 8 para. 1(1) in force for certain purposes at 16.12.2003 by S.I. 2003/3222, art. 2; Sch. 8 para. 1 otherwise in force at 7.2.2005 by S.I.2004/2360, art. 2, Sch.