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Licensing Act 2003

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Licensing Act 2003, Section 57 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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57Duty to keep and produce licence[F1etc.]E+W

This section has no associated Explanatory Notes

(1)This section applies whenever premises in respect of which a premises licence has effect are being used for one or more licensable activities authorised by the licence.

(2)The holder of the premises licence must secure that the licence or a certified copy of it [F2and a list of any relevant mandatory conditions applicable to the licence are] kept at the premises in the custody or under the control of—

(a)the holder of the licence, or

(b)a person who works at the premises and whom the holder of the licence has nominated in writing for the purposes of this subsection.

[F3(2A)If the premises are being used for the sale by retail of alcohol for consumption off the licensed premises in reliance on the authorisation granted by virtue of section 172F(2), the holder of the premises licence must secure that a statement that that is the case, which also makes clear what are the off-sales authorised by virtue of section 172F(2) (within the meaning given in section 172G(5)), is kept at the premises in the custody or under the control of—

(a)the holder of the licence, or

(b)the person nominated for the purposes of subsection (2).

(2B)If the premises are being used for the sale by retail of alcohol for consumption off the licensed premises in reliance on one or more section 172F(5) conditions (within the meaning given in section 172G(6)), the holder of the premises licence must secure that a statement that that is the case, and of the section 172F(5) conditions relied on, is kept at the premises in the custody or under the control of—

(a)the holder of the licence, or

(b)the person nominated for the purposes of subsection (2).]

(3)The holder of the premises licence must secure that—

(a)the summary of the licence or a certified copy of that summary [F4and any section 172F statement], and

(b)a notice specifying the position held at the premises by any person nominated for the purposes of subsection (2),

are prominently displayed at the premises.

(4)The holder of a premises licence commits an offence if he fails, without reasonable excuse, to comply with [F5subsection (2)] [F5any of subsections (2) to] or (3).

(5)A constable or an authorised person may require the person who, by virtue of arrangements made for the purposes of subsection (2), [F6(2A) or (2B)] is required to have the premises licence (or a certified copy of it [F7or a list of relevant mandatory conditions] [F8or a section 172F statement]) in his custody or under his control to produce the licence (or such a copy [F9or the list] [F10or statement]) for examination.

(6)An authorised person exercising the power conferred by subsection (5) must, if so requested, produce evidence of his authority to exercise the power.

(7)A person commits an offence if he fails, without reasonable excuse, to produce a premises licence or certified copy of a premises licence [F11or a list of relevant mandatory conditions] [F12or section 172F statement] in accordance with a requirement under subsection (5).

(8)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(9)In subsection (3) the reference to the summary of the licence is a reference to the summary issued under section 23 or, where one or more summaries have subsequently been issued under section 56, the most recent summary to have been so issued.

(10)Section 58 makes provision about certified copies of documents for the purposes of this section.

[F13(11)In this section “relevant mandatory conditions”, in relation to a premises licence, means conditions applicable to the licence by virtue of section 19(4) or 19A.]

[F14(12)In this section “section 172F statement”, in relation to licensed premises, means a statement that is required to be kept at the premises by virtue of subsection (2A) or (2B).]

Textual Amendments

F3S. 57(2A)(2B) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(6)(a), 25(1) (with s. 11(13))

F4Words in s. 57(3)(a) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(6)(b), 25(1) (with s. 11(13))

F5Words in s. 57(4) substituted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(6)(c), 25(1) (with s. 11(13))

F6Words in s. 57(5) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(6)(d)(i), 25(1) (with s. 11(13))

F8Words in s. 57(5) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(6)(d)(ii), 25(1) (with s. 11(13))

F10Words in s. 57(5) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(6)(d)(iii), 25(1) (with s. 11(13))

F12Words in s. 57(7) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(6)(e), 25(1) (with s. 11(13))

F14S. 57(12) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(6)(f), 25(1) (with s. 11(13))

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