Licensing Act 2003

[^key-dbea03e87cccc9fdaad0774a912db67a]: Word in s. 177(8) substituted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 1(1)(d)(i), 4(2); S.I. 2012/2115, art. 2

[^key-dc0293ee93499a2d48f5bbb188352a03]: Words in s. 104(3) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(6), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

[^key-dc323cfc7ef0c8a5f190b669fac25b49]: Words in Sch. 1 para. 2(1) substituted (27.6.2013) by The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 (S.I. 2013/1578), arts. 1(1), 2(2) (with art. 5)

[^key-dd7b419e6c25be36f8de8aea02f34589]: S. 5(3)(bb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 112(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^key-ddbd3c62c216d5eed2c2bd04f3829677]: S. 41D(6)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(8), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

[^key-ddbd5616227d59f8da905cd70b1c95de]: S. 177A(4A) inserted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 2(6)

[^key-de284f47c1e9e7f4962201dabd949b58]: S. 117(3) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 4(5) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

[^key-df7f555d840879dae4f4c0ebd7dd1b89]: S. 177A(1) substituted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 2(3)

[^key-dfc53420bb550a16e57902cc71fc5da3]: S. 128(5)(a) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 10 (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

[^key-dfe1bdf60805623d1eab8741aff26de1]: Words in s. 13(1) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(2)(b), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

[^key-e02c14fb1fbde52f1ae97e55707f0daf]: Words in s. 124(4)(a) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(5)(b)(ii); S.I. 2017/380, reg. 2(b)

[^key-e071474f115e20bf17a04bc81635a99e]: Words in s. 117 heading heading omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 4(2) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

[^key-e0c15ad8e87f4c355b7cb065f245a962]: Sch. 5 para. 17(3) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 14(3) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

[^key-e110ed9164c800e59b1378904223b401]: S. 120(5A)(5B) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 15(6) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)

[^key-e124c8f2963a2290663fc99bb8e88db1]: Word in s. 5(4) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 122(5)(a), 157(1); S.I. 2012/1129, art. 2(d)

[^key-e1314a768970479cf354bec8d78024f0]: Words in s. 35(6)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(6)(a), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

[^key-e184940af83b1933d5249cb534c3f5c0]: S. 42(8)(9) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 6(5) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)

[^key-e1efaadc0342f74b1578d8a08a399124]: Words in s. 109(5)(a) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 113(4)(e), 157(1) (with s. 113(6)); S.I. 2012/1129, art. 2(d)

[^key-e20fe930bfbf623278c6122115cf7186]: Words in Sch. 5 para. 17(5) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 14(4) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

[^key-e2e2ddb04eb07242f6e11e4d558ab9b4]: Words in s. 109(8) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 113(4)(h), 157(1) (with s. 113(6)); S.I. 2012/1129, art. 2(d)

[^key-e354f2ca21fde22e53059e5901acbcd1]: Words in s. 71(6)(c) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 107(3)(c), 157(1) (with s. 107(9)); S.I. 2012/1129, art. 2(d)

[^key-e3c21b2a28765352dee3027ff4af1dd0]: S. 99A inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(2), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

[^key-e4a924ba99cccdb83046b3cb7861225e]: S. 69(4)(za) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 103(3)(a), 157(1) (with s. 103(4)); S.I. 2012/1129, art. 2(d)

[^key-e6b4bb24b1feced2b088f5d43cb5ec7c]: Sch. 1 para. 3 omitted (1.10.2012) by virtue of Live Music Act 2012 (c. 2), ss. 2(7), 4(2); S.I. 2012/2115, art. 2

[^key-e7071b7284d4cce3f9b1ca0d3955197c]: Words in s. 106 title substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(9)(a), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)

[^key-e713af73cfd5f4ce589fe58da917ba17]: Words in Sch. 5 para. 16(1)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(13)(a), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

[^key-e7fbafebef783a1d400e6b6dc7cdbcee]: Words 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))

[^key-e84c44896c55c638115ddfef6004d6db]: Sch. 4 para. 23A inserted (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 5(3); S.I. 2016/553, reg. 2

[^key-e883bd05181b5fbc276dd9e068edb6e4]: Word in s. 88(3) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 110(5), 157(1) (with s. 110(6)); S.I. 2012/1129, art. 2(d)

[^key-e8d1bb9576ee77d2c78b035bf8b94e6a]: Word in s. 16(3) omitted (1.8.2019) by virtue of The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 10(a)(ii)

[^key-e903ec6736336f256ee6d79ed050f9db]: Word in s. 177(2) substituted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 1(1)(a), 4(2); S.I. 2012/2115, art. 2

[^key-e98faafc9cd859b89e6d3681c5c057eb]: Words in s. 31(6)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(5)(a), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

[^key-e9f53c961dc689bc6e5e8969186872cb]: Words in s. 71(6)(a)(ii) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 107(3)(a), 157(1) (with s. 107(9)); S.I. 2012/1129, art. 2(d)

[^key-ea25000272bff52ea19809b998f9f8f5]: S. 87(1) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 108(2), 157(1) (with s. 108(5)); S.I. 2012/1129, art. 2(d)

[^key-ea59c5698d6b8d248ebf3d0fc283bedb]: Word in s. 53C(2)(b) omitted (31.1.2017 for specified purposes, 6.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 137(3)(b), 183(1)(5)(e) (with s. 137(8)); S.I. 2017/399, reg. 3(c)

[^key-ea77403cc054f7b708e4287b3dbb8c86]: Words in s. 124(1) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(2)(a); S.I. 2017/380, reg. 2(b)

[^key-eab01f7864f71dd635ec9e3b30bdd0f6]: Words in s. 124(3) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 18(3)(d); S.I. 2017/380, reg. 2(b)

[^key-eb80cf6582191f4d8d59577f137e04ad]: S. 42(5ZA) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 6(3) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)

[^key-eb8dd2c19421bc7616c8b5fd030573db]: S. 92(1A) inserted (31.10.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 139(3), 157(1) (with s. 138); S.I. 2012/2670, art. 2(b)

[^key-ec08812c440f67aa0e7d662371adbba1]: S. 10(4)(da) inserted (temp.) (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 11(4)(c), 25(1) (with s. 11(13))

[^key-ec687b5f2423b38a32c43ce647138aa7]: Words in Sch. 5 para. 17(2) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 27(2)(b); S.I. 2017/380, reg. 2(b)

[^key-ee0d336dd1d1bf8ec6450282607bb4a3]: Words in s. 107(5) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 115(3), 157(1) (with s. 115(4)); S.I. 2012/1129, art. 2(d)

[^key-ef44d71cb8c900f269f518cf51f0425f]: Words in s. 120(4) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 15(4) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)

[^key-ef677fd261cae9a42b56f7a515cfe306]: S. 128(5)(c) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 10 (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

[^key-ef854229e2aa42c4509f14f1577a75da]: S. 117(6) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 4(5) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

[^key-f02312cab2bc90de78c3ff53d0aae5fd]: S. 106A inserted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 113(3), 157(1) (with s. 113(6)); S.I. 2012/896, art. 2(e); S.I. 2012/1129, art. 2(d)

[^key-f08a9248d2be09d4e7011553d5a8ff2e]: Sch. 1 para. 7 substituted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 2(9), 4(2); S.I. 2012/2115, art. 2

[^key-f0d830ca974b8190b0edcb33fb2c9209]: Words in s. 194 inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(11)(b), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)

[^key-f1e0e3e7a034dd43abb20dc72aa91dac]: Words in s. 47(3) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 9(3) (with Sch. 4 para. 33); S.I. 2017/380, reg. 2(b)

[^key-f24ad66a23a99e269ff1ea1719713cdc]: Words in s. 16(3) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 10(c)

[^key-f317375144b71b3e121440ba5b260a75]: S. 53D 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. 137(5), 183(1)(5)(e) (with s. 137(8)); S.I. 2017/399, reg. 3(c)

[^key-f3e96b1c6adcda8ea1f975bfd040a5e3]: Words in s. 16(3) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 10(b)

[^key-f5c37e1d72d58ff10290eeeb3cf3b517]: Words in s. 168(6)(b) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 36 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

[^key-f5d5b6db5745afe03026b37d6cf65c7b]: Word in s. 106 title omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(10)(a), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

[^key-f610bb89a2f4d41f2dc9c80b5e873c09]: Words in s. 53A(3)(e) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(4)(b), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

[^key-f71ef4301e7a7be53c8d5a2bdbc0f704]: Word in s. 39(3)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 109(7), 157(1) (with s. 109(15)); S.I. 2012/1129, art. 2(d)

[^key-f735f787c10699177550560333e8850a]: S. 13(3) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(2)(c), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

[^key-f742c55b7933f2fb9a5a1698cbe7e59d]: Word in s. 175 heading omitted (6.4.2016) by virtue of The Legislative Reform (Exempt Lotteries) Order 2016 (S.I. 2016/124), arts. 1(1), 4(2)(a)

[^key-f805078db8ce9197c86ec645e684f998]: Words in s. 105(3)(b)(ii) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(9)(e), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

[^key-f9ee91fccda5589e2580fbcc3c1477b8]: Word in s. 105 title omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(9)(a), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

[^key-f9eff5b97cf69a86b34cbdc34b05f749]: S. 172B(4)(da) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 116(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^key-fa22ac71549e3cae2df772d10b718318]: Words in s. 44(5) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 7(2); S.I. 2017/380, reg. 2(b)

[^key-fb045c162f8eccfcfa87940fac979b8a]: Words in s. 69(4)(h)(iii) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 16(3) (with arts. 4-6)

[^key-fb427e40317724b76cf30b6478314b4b]: Sch. 5 para. 17(9)-(11) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 14(5) (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

[^key-fb81c4498402363c68db932b3efc6b64]: Words in Sch. 5 para. 6(1) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 24(2)(a); S.I. 2017/380, reg. 2(b)

[^key-fb9a909296865e081121d98e39e72c1e]: Words in s. 147A(8) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 33(4) (with reg. 5(1))

[^key-fbd5fdd9a84ae3d52014375c89813075]: Word in Sch. 1 para. 12B(b) substituted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 3(5)

[^key-fe2414d6da75e6c722f2139f78791eee]: Words in s. 169A(4) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not aleady in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 118(3)(b), 157(1) (with s. 118(5)); S.I. 2012/896, art. 2(h); S.I. 2012/1129, art. 2(d)

[^key-fe3db8badd22f6f6b7ce7e6beb5172fe]: Sch. 1 paras. 12D, 12E inserted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 3(6)

[^key-fe3dcc7ce506aa142b05fb56e8a3dc08]: Words in s. 170(1) omitted (20.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 38(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

[^key-ff2d0a8c908d9dabda922a87199664a6]: Ss. 172F-172J modified by S.I. 2020/1374, Sch. 3A para. 13(8) (as inserted (20.12.2020 at 7.00 a.m.) by The Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020 (S.I. 2020/1611), regs. 1(2), 2(13))

[^key-ffa0ab2ca1d082dd82ec92e9c5c6e838]: Words in Sch. 1 para. 16(2) inserted (27.6.2013) by The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 (S.I. 2013/1578), arts. 1(1), 3 (with art. 5)

[^key-ffe4c8254901687a9448af0dc14a22bf]: Word in s. 104(3) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 117(1), 157(1) (with s. 117(2)); S.I. 2012/1129, art. 2(d)

[^M_F_41a57027-aa23-417c-df74-17a9834bb06e]: Words in Sch. 1 para. 21(1)(d) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 48 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

[^M_F_975fd3cf-50b3-44ea-ce6b-4806890c6302]: Second Sch. 4 para. 22 renumbered as Sch. 4 para. 22A (25.4.2012) by Police Reform and Social Responsibility Act (2011 c. 13), s. 123(3); S.I 2012/1129, art. 2(d)

[^M_F_a1c5939f-0024-4fff-f527-99777c9aae9a]: Words in Sch. 3(w) omitted (1.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 18 para. 13 (with s. 69(2)(3)); S.I. 2015/994, art. 2(c)

[^key-6c9911f3bea1cbdcc0ddc0269f6c36a2]: S. 7(9) applied (13.9.2024 for specified purposes, 29.11.2024 in so far as not already in force) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 3 para. 21(2)(a); S.I. 2024/938, art. 2(1)(k); S.I. 2024/1248, art. 2(jj) (with arts. 4, 5)

[^key-4fac201db0143540d6299237a2923d12]: S. 10 applied (13.9.2024 for specified purposes, 29.11.2024 in so far as not already in force) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 3 para. 21(2)(b) (with Sch. 3 para. 21(3)); S.I. 2024/938, art. 2(1)(k); S.I. 2024/1248, art. 2(jj) (with arts. 4, 5)

[^key-3c3fca01310302174999620adb552bf7]: Words in Sch. 4 para. 23 substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 21 para. 9 (with ss. 235, 243, 252); S.I. 2025/272, reg. 2(1)(12)

[^key-518bab863950e5e00b3d85ae2e17171b]: Word in s. 197(4) omitted (12.2.2026) by virtue of Licensing Hours Extensions Act 2026 (c. 4), ss. 1(b), 2(2)

[^key-3ffc0e6ed4f378b4c9bdb4aac3378765]: S. 197(3)(d) omitted (12.2.2026) by virtue of Licensing Hours Extensions Act 2026 (c. 4), ss. 1(a), 2(2)

[^key-7e60123ebef18490c64b02087b9605f1]: S. 197(5) omitted (12.2.2026) by virtue of Licensing Hours Extensions Act 2026 (c. 4), ss. 1(c), 2(2)

Mandatory conditions relating to the supply of alcohol to members or guests

Club ceasing to be a qualifying club

The relevant licensing authority

Court’s duty to notify licensing authority of convictions

Licence holder’s duty to notify licensing authority of convictions etc

Licensing authority’s duty to update licence document

Exposing alcohol for unauthorised sale

Enforcement of closure order

Variation and revocation of early morning alcohol restriction order

Power to prohibit sale of alcohol on trains

Interpretation of Part 8

Location of sales

Index of defined expressions

Vessels, vehicles and moveable structures

Fees

Relaxation of opening hours for special occasions

Repeals

Location of sales

Right of freeholder etc. to be notified of licensing matters

Making of early morning alcohol restriction order

Licence review for live music

Proceedings for offences

22

An offence under the Fraud Act 2006.

22A

An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.

Minor and consequential amendments

Minor and consequential amendments

Proceedings for offences

Index of defined expressions

Minor and consequential amendments

The relevant licensing authority

Proceedings for offences

Location of sales

Repeals

Crown application

Repeals

55A

• (1) A licensing authority must suspend a premises licence if the holder of the licence has failed to pay the authority an annual fee that has become due under section 55(2).

• (2) Subsection (1) does not apply if—

• (a) either—

• (i) the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or

• (ii) before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and

• (b) the grace period for payment of the fee has not expired (see subsection (8)).

• (3) If a licensing authority suspends a premises licence under subsection (1), the authority must give the holder of the licence a notice to that effect, specifying the day the suspension takes effect.

• (4) A day specified in a notice under subsection (3) must be at least two working days after the day the authority gives the notice.

• (5) If the holder of the licence pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.

• (6) The acknowledgement of receipt under subsection (5) must—

• (a) specify the day the authority received the fee (the “receipt day”), and

• (b) be given to the holder as soon as is reasonably practicable but in any event—

• (i) if the receipt day was a working day, before the end of the first working day after the receipt day,

• (ii) otherwise, before the end of the second working day after the receipt day.

• (7) A suspension of a premises licence under subsection (1)—

• (a) takes effect on the day specified in the notice under subsection (3), and

• (b) ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).

• (8) In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.

92A

• (1) A licensing authority must suspend a club premises certificate if the holder of the certificate has failed to pay the authority an annual fee that has become due under section 92(2).

• (2) Subsection (1) does not apply if—

• (a) either—

• (i) the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or

• (ii) before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and

• (b) the grace period for payment of the fee has not expired (see subsection (8)).

• (3) If a licensing authority suspends a club premises certificate under subsection (1), the authority must give the holder of the certificate a notice to that effect, specifying the day the suspension takes effect.

• (4) A day specified in a notice under subsection (3) must be at least 2 working days after the day the authority gives the notice.

• (5) If the holder of the certificate pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.

• (6) The acknowledgement of receipt under subsection (5) must—

• (a) specify the day the authority received the fee (the “receipt day”), and

• (b) be given to the holder as soon as is reasonably practicable but in any event—

• (i) if the receipt day was a working day, before the end of the first working day after the receipt day,

• (ii) otherwise, before the end of the second working day after the receipt day.

• (7) A suspension of a club premises certificate under subsection (1)—

• (a) takes effect on the day specified in the notice under subsection (3), and

• (b) ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).

• (8) In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.

99A

In this Part references to a “relevant person”, in relation to any premises, are references to the following—

• (a) the chief officer of police for any police area in which the premises are situated,

• (b) the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health.

100A

• (1) For the purposes of section 100(7)(a), a temporary event notice must be given in accordance with—

• (a) subsection (2), in which case the notice is a “standard temporary event notice”, or

• (b) subsection (3), in which case the notice is a “late temporary event notice”.

• (2) A temporary event notice is given in accordance with this subsection if, no later than ten working days before the day on which the event period begins,—

• (a) it is given to the relevant licensing authority by means of a relevant electronic facility, or

• (b) it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person.

• (3) A temporary event notice is given in accordance with this subsection if—

• (a) it is given to the relevant licensing authority by means of a relevant electronic facility no later than five working days, but no earlier than nine working days, before the day the event period begins, or

• (b) both of the following are satisfied—

• (i) it is given to the relevant licensing authority (otherwise than by means of a relevant electronic facility) and to each relevant person no later than five working days before the day on which the event period begins;

• (ii) it is given to at least one of those persons no earlier than nine working days before the day on which that event period begins.

• (4) Where a temporary event notice (the “original notice”) is given by the premises user to the relevant licensing authority by means of a relevant electronic facility as referred to in subsection (2)(a) or (3)(a)—

• (a) the licensing authority must give a copy of the original notice to each relevant person no later than the end of the first working day after the day on which the original notice was given to the authority, and

• (b) for the purposes of this Act, the copy is to be treated as if it were the original notice.

• (5) In this section “event period” in relation to a temporary event notice means the event period specified in the notice.

104A

• (1) Where an objection notice is given under section 104(2) in respect of a late temporary event notice, the relevant licensing authority must give the premises user a counter notice under this section.

• (2) The counter notice must—

• (a) be in the prescribed form, and

• (b) be given to the premises user in the prescribed manner.

• (3) The relevant licensing authority must, no later than 24 hours before the beginning of the event period specified in the temporary event notice—

• (a) give the counter notice to the premises user, and

• (b) give a copy of the counter notice to each relevant person.

106A

• (1) This section applies where—

• (a) a relevant person has given an objection notice under section 104(2) in respect of a standard temporary event notice,

• (b) the objection notice has not been withdrawn, and

• (c) the relevant licensing authority has decided under section 105 not to give a counter notice under that section.

• (2) The relevant licensing authority may impose one or more conditions on the standard temporary event notice if—

• (a) the authority considers it appropriate for the promotion of the licensing objectives to do so,

• (b) the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and

• (c) the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.

• (3) Where the authority decides to impose one or more conditions under subsection (2)—

• (a) the authority must give the premises user notice of the decision,

• (b) the notice must be accompanied by a separate statement (the “statement of conditions”) which sets out the conditions that have been imposed on the temporary event notice, and

• (c) a copy of the notice and statement of conditions must be given to each relevant party.

• (4) The notice and statement of conditions under subsection (3) must—

• (a) be in the prescribed form,

• (b) be given to the premises user in the prescribed manner, and

• (c) be given no later than 24 hours before the beginning of the event period specified in the temporary event notice.

• (5) Where the premises are situated in the area of more than one licensing authority, the functions conferred on the relevant licensing authority by subsection (2) must be exercised by those authorities jointly.

24

An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence that is a relevant offence.

25

An offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence that is a relevant offence.

26

The offence at common law of conspiracy to defraud.

177A

• (1) Subsection (2) applies where—

• (a) music takes place on premises which are authorised by a premises licence or club premises certificate to be used for the supply of alcohol for consumption on the premises,

• (b) at the time of the music, the premises are open for the purposes of being used for the supply of alcohol for consumption on the premises,

• (c) if the music is amplified, it takes place in the presence of an audience of no more than 500 persons, and

• (d) the music takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect in relation to music, during any times specified under that order).

• (2) Any condition of the premises licence or club premises certificate which relates to live music, recorded music or both does not have effect in relation to the music unless it falls within subsection (3) or is added to the licence in accordance with subsection (4).

• (3) A condition falls within this subsection if, on a review of the premises licence or club premises certificate it is altered so as to include a statement that this section does not apply to it.

• (4) On a review of a premises licence or club premises certificate a licensing authority may (without prejudice to any other steps available to it under this Act) add a condition relating to ... music as if—

• (a) the ... music were regulated entertainment, and

• (b) the licence or certificate licensed the ... music.

• (4A) This section does not apply to music which, by virtue of a provision other than paragraph 12A or 12C of Schedule 1, is not regarded as the provision of regulated entertainment for the purposes of this Act.

• (5) In this section—

• “condition” means a condition—included in a premises licence by virtue of section 18(2)(a) or (3)(b), 35(3)(b), 52(3) or 167(5)(b),included in a club premises certificate by virtue of section 72(2)(a) or (3)(b), 85(3)(b) or 88(3),added to a premises licence by virtue of its inclusion in an application to vary the licence in accordance with section 34 or 41A which is granted under section 35(2) or 41B(3) (as the case may be), oradded to a club premises certificate by virtue of its inclusion in an application to vary the certificate in accordance with section 84 or 86A which is granted under section 85(2) or 86B(3) (as the case may be);

• “live music” means entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) of Schedule 1;

• “music” means live music or recorded music or both;

• “recorded music” means entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(f) of Schedule 1; and

• “supply of alcohol” means—the sale by retail of alcohol, orthe supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

Music in licensed venues

12A

• (1) The provision of entertainment consisting of one or both of the following is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraph (2) are satisfied—

• (a) a performance of live music;

• (b) the playing of recorded music.

• (2) The conditions referred to in sub-paragraph (1) are that—

• (a) the requirements of section 177A(1) are satisfied, and

• (b) conditions are not included in the premises licence or club premises certificate referred to in section 177A(1)(a) by virtue of section 177A(3) or (4).

Live music in workplaces

12B

The provision of entertainment consisting of a performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act, provided that—

• (a) the place where the performance is provided is not licensed under this Act (or is so licensed only for the provision of late night refreshment) but is a workplace as defined in regulation 2(1) of the Workplace (Health, Safety and Welfare) Regulations 1992,

• (b) the performance takes place in the presence of an audience of no more than 500 persons, and

• (c) the performance takes place between 8am and 11pm on the same day.

Live unamplified music

12C

The provision of entertainment consisting of a performance of live music is not (subject to section 177A(3) and (4)) to be regarded as the provision of regulated entertainment for the purposes of this Act provided that the music—

• (a) is unamplified; and

• (b) takes place between 8am and 11pm on the same day.

Grant or rejection of application

Jurisdiction and procedure in respect of offences

Film exhibitions: community premises

6A

• (1) The provision of entertainment consisting of the exhibition of a film at community premises is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the following conditions are satisfied.

• (2) The first condition is that prior written consent for the entertainment to take place at the community premises has been obtained, by or on behalf of a person concerned in the organisation or management of the entertainment—

• (a) from the management committee of the community premises, or

• (b) where there is no management committee, from—

• (i) a person who has control of the community premises (as occupier or otherwise) in connection with the carrying on by that person of a trade, business or other undertaking (for profit or not), or

• (ii) where there is no such person, an owner of the community premises.

• (3) The second condition is that the entertainment is not provided with a view to profit.

• (4) The third condition is that the entertainment takes place in the presence of an audience of no more than 500 persons.

• (5) The fourth condition is that the entertainment takes place between 8am and 11pm on the same day.

• (6) The fifth condition is that the film classification body or the relevant licensing authority has made a recommendation concerning the admission of children to an exhibition of the film and—

• (a) where a recommendation has been made only by the film classification body, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that body;

• (b) where a recommendation has been made only by the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that authority;

• (c) where recommendations have been made both by the film classification body and the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of the relevant licensing authority.

• (7) In sub-paragraph (6) the reference to the “relevant licensing authority”, in relation to the exhibition of a film at particular community premises, is a reference to—

• (a) the licensing authority in whose area the premises are situated, or

• (b) where the premises are situated in the areas of two or more licensing authorities, those authorities or (as the context requires) such of those authorities as have made a recommendation.

• (8) In this paragraph—

• “children” and “film classification body” have the same meaning as in section 20;

• “owner”, in relation to community premises, means—a person who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, ora person who holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

Entertainment provided by health care providers, local authorities and school proprietors

12ZA

• (1) The provision of any entertainment by or on behalf of a health care provider, local authority or school proprietor is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraphs (2) to (5) are satisfied.

• (2) The first condition is that the entertainment takes place—

• (a) if it is provided by or on behalf of a health care provider, on any premises forming part of a hospital—

• (i) in which that provider has a relevant property interest, or

• (ii) which are lawfully occupied by that provider,

• (b) if it is provided by or on behalf of a local authority, on any premises in which that authority has a relevant property interest or which are lawfully occupied by that authority, and

• (c) if it is provided by or on behalf of a school proprietor, on the premises of the school.

• (3) The second condition is that the premises are not domestic premises.

• (4) The third condition is that the entertainment takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect in relation to that entertainment, during any times specified under that order).

• (5) The fourth condition is that the entertainment is not relevant entertainment within the meaning of paragraph 2A(2) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (meaning of “sexual entertainment venue”).

• (6) For the purposes of this paragraph, a person has a relevant property interest in premises if that person—

• (a) is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or

• (b) holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

• (7) In sub-paragraph (3), “domestic premises” means premises occupied as a private dwelling, including any garden, yard, garage, outhouse or other appurtenance of such premises whether or not used in common by the occupants of more than one such dwelling.

Music at community premises etc.

12ZB

• (1) The provision of entertainment consisting of one or both of the following is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraphs (2) to (6) are satisfied—

• (a) a performance of live music;

• (b) the playing of recorded music.

• (2) The first condition is that the entertainment takes place at—

• (a) community premises that are not authorised, by a premises licence or club premises certificate, to be used for the supply of alcohol for consumption on the premises,

• (b) the premises of a hospital,

• (c) premises in which a local authority has a relevant property interest or which are lawfully occupied by a local authority, or

• (d) the premises of a school.

• (3) The second condition is that the premises are not domestic premises (within the meaning of paragraph 12ZA(7)).

• (4) The third condition is that the entertainment takes place in the presence of an audience of no more than 500 persons.

• (5) The fourth condition is that the entertainment takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect in relation to that entertainment, during any times specified under that order).

• (6) The fifth condition is that a person concerned in the organisation or management of the entertainment has obtained the prior written consent of a relevant person for the entertainment to take place.

• (7) In sub-paragraph (6), “relevant person” means—

• (a) where the entertainment takes place at community premises—

• (i) the management committee of the premises, or

• (ii) if there is no management committee, a person who has control of the premises (as occupier or otherwise) in connection with the carrying on by that person of a trade, business or other undertaking (for profit or not) or (in the absence of such a person) a person with a relevant property interest in the premises;

• (b) where the entertainment takes place at the premises of a hospital, a health care provider which has a relevant property interest in or lawfully occupies those premises;

• (c) where the entertainment takes place at premises in which a local authority has a relevant property interest or which are lawfully occupied by a local authority, that authority;

• (d) where the entertainment takes place at the premises of a school, the school proprietor.

• (8) Paragraph 12ZA(6) (meaning of “relevant property interest”) applies for the purposes of this paragraph as it applies for the purposes of paragraph 12ZA.

Circuses

12D

• (1) The provision of any entertainment that consists of or forms part of a performance by a travelling circus is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the conditions in sub-paragraphs (2) to (5) are satisfied.

• (2) The first condition is that the entertainment is not of a description falling within paragraph 2(1)(b) (exhibition of a film) or paragraph 2(1)(d) (boxing or wrestling entertainment).

• (3) The second condition is that the entertainment takes place between 8am and 11pm on the same day.

• (4) The third condition is that—

• (a) the entertainment takes place wholly within a moveable structure, and

• (b) the audience present is accommodated wholly inside that moveable structure.

• (5) The fourth condition is that the travelling circus has not been located on the same site for more than 28 consecutive days.

• (6) In this paragraph, “travelling circus” means a circus which travels from site to site for the purpose of giving performances.

Boxing or wrestling entertainment: certain forms of wrestling

12E

The provision of entertainment consisting of a boxing or wrestling entertainment is not to be regarded as the provision of regulated entertainment for the purposes of this Act if—

• (a) it is a contest, exhibition or display of Greco-Roman wrestling, or of freestyle wrestling, between two participants (regardless of their sex),

• (b) it takes place in the presence of no more than 1000 spectators,

• (c) it takes place between 8am and 11pm on the same day,

• (d) it takes place wholly inside a building, and

• (e) the spectators present at that entertainment are accommodated wholly inside that building.

Health care providers and hospitals

19

• (1) “Health care provider” means a person providing any form of health care services for individuals.

• (2) In sub-paragraph (1), “health care” means all forms of health care provided for individuals, whether relating to physical or mental health, and the reference to health care services is to be read accordingly.

• (3) “Hospital”—

• (a) in England, has the same meaning as in section 275 of the National Health Service Act 2006, and

• (b) in Wales, has the same meaning as in section 206 of the National Health Service (Wales) Act 2006.

Local authorities

20

“Local authority” means—

• (a) a local authority within the meaning of section 270 of the Local Government Act 1972;

• (b) the Greater London Authority;

• (c) the Common Council of the City of London;

• (d) the Council of the Isles of Scilly;

• (e) a National Park authority established by an order under section 63(1) of the Environment Act 1995 for an area in England or Wales;

• (f) the Broads Authority; and

• (g) the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple.

Schools, school proprietors and school premises

21

• (1) “School” means—

• (a) a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998;

• (b) an independent school as defined by section 463 of the Education Act 1996 entered on a register of independent schools kept under section 158 of the Education Act 2002;

• (c) an independent educational institution within section 92(1)(b) of the Education and Skills Act 2008 entered on a register of independent educational institutions kept under section 95 of that Act;

• (d) a pupil referral unit as defined by section 19 or 19A of the Education Act 1996;

• (e) an alternative provision Academy within the meaning of section 1C(3) of the Academies Act 2010, other than an independent school as defined by section 463 of the Education Act 1996;

• (f) a school approved under section 342 of the Education Act 1996 (non-maintained special schools);

• (g) a 16 to 19 Academy within the meaning of section 1B(3) of the Academies Act 2010;

• (h) a sixth form college as defined by section 91(3A) of the Further and Higher Education Act 1992; and

• (i) a maintained nursery school as defined by section 22(9) of the Schools Standards and Framework Act 1998.

• (2) “School proprietor” means—

• (a) in relation to a school (other than a pupil referral unit or a sixth form college), the person or body of persons responsible for the management of the school,

• (b) in relation to a pupil referral unit—

• (i) the committee which is established to act as the management committee for that unit by virtue of paragraph 15 of Schedule 1 to the Education Act 1996, or

• (ii) if there is no such committee, the local authority (as defined by section 579(1) of that Act) which maintains that unit,

• (c) in relation to a sixth form college, the sixth form college corporation as defined in section 90(1) of the Further and Higher Education Act 1992.

• (3) In relation to a school, “premises” includes any detached playing fields.

Exempt supplies: designated areas, descriptions of premises and times

2A

• (1) The supply of hot food or hot drink is an exempt supply for the purposes of paragraph 1(1) if it takes place—

• (a) on or from premises which are wholly situated in an area designated by the relevant licensing authority;

• (b) on or from premises which are of a description designated by the relevant licensing authority; or

• (c) during a period (beginning no earlier than 11.00 p.m. and ending no later than 5.00 a.m.) designated by the relevant licensing authority.

• (2) A licensing authority may designate a description of premises under sub-paragraph (1)(b) only if the description is one that is prescribed by regulations.

• (3) A designation under sub-paragraph (1) may be varied or revoked by the licensing authority that made it.

• (4) A licensing authority that makes, varies or revokes a designation under sub-paragraph (1) must publish the designation, variation or revocation.

• (5) In sub-paragraph (1) references to the “relevant licensing authority”, in relation to a supply of hot food or hot drink, are references to—

• (a) the licensing authority in whose area the premises on or from which the food or drink is supplied are situated, or

• (b) where those premises are situated in the areas of two or more licensing authorities, any of those authorities.

5A

• (1) A licensing authority may publish a document (“a cumulative impact assessment”) stating that the licensing authority considers that the number of relevant authorisations in respect of premises in one or more parts of its area described in the assessment is such that it is likely that it would be inconsistent with the authority's duty under section 4(1) to grant any further relevant authorisations in respect of premises in that part or those parts.

• (2) A cumulative impact assessment must set out the evidence for the authority's opinion as set out in the assessment in accordance with subsection (1).

• (3) For the purposes of this section, “relevant authorisations” means—

• (a) premises licences;

• (b) club premises certificates.

• (4) A cumulative impact assessment may relate to all relevant authorisations or only to relevant authorisations of a kind described in the assessment.

• (5) Before publishing a cumulative impact assessment, the licensing authority must consult the persons mentioned in section 5(3).

• (6) For the purposes of the consultation, the licensing authority must provide the persons mentioned in section 5(3) with the following information—

• (a) the reasons why it is considering publishing a cumulative impact assessment;

• (b) a general indication of the part or parts of its area which it is considering describing in the assessment;

• (c) whether it considers that the assessment will relate to all relevant authorisations or only to relevant authorisations of a particular kind.

• (7) Where a licensing authority publishes a cumulative impact assessment, it must, before the end of each relevant period, consider whether it remains of the opinion stated in the assessment.