Licensing Act 2003 (c. 17)

Part 9 E+W Miscellaneous and supplementary

[F1 Early morning alcohol restriction orders] E+W

Textual Amendments

F1 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))

[F2 172A Power to make early morning alcohol restriction order E+W

(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.]

Textual Amendments

F2 Ss. 172A-172E substituted (31.10.2012) for ss. 172A-172E as inserted by Crime and Security Act 2010 (c. 17), s. 55(2) 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))