Legalize / United Kingdom / Public General Act

Licensing Act 2003

Type Public General Act

Publication 2003-07-10

Last updated 2026-02-12

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) The references in subsection (2) to the required number of members are references to the minimum number of members required by condition 4 in section 62(5) (25 at the passing of this Act).

(4) Nothing in subsection (2) prevents the giving of a further notice of withdrawal under this section at any time.

(5) Where a justice of the peace is satisfied, on information on oath, that there are reasonable grounds for believing—

(a) that a club which holds a club premises certificate does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity to which the certificate relates, and

(b) that evidence of that fact is to be obtained at the premises to which the certificate relates,

he may issue a warrant authorising a constable to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant, and search them.

(6) A person who enters premises under the authority of a warrant under subsection (5) may seize and remove any documents relating to the business of the club in question.

General provision

Form etc. of applications and notices under Part 4

91

In relation to any application or notice under this Part, regulations may prescribe—

(a) its form;

(b) the manner in which it is to be made or given;

Fees

92

(1) Regulations may—

(a) require applications under any provision of this Part (other than section 87) to be accompanied by a fee, and

(b) prescribe the amount of the fee.

(1A) Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).

(2) Regulations may also require the payment of an annual fee to the relevant licensing authority by or on behalf of a club which holds a club premises certificate.

(3) Regulations under subsection (2) may include provision—

(a) imposing liability for the making of the payment on the secretary or such other officers or members of the club as may be prescribed,

(b) prescribing the amount of any such fee, and

(4) Any fee which is owed to a licensing authority under subsection (2) may be recovered as a debt due to the authority from any person liable to make the payment by virtue of subsection (3)(a).

Production of certificate, rights of entry, etc.

Licensing authority’s duty to update club premises certificate

93

(1) Where—

(a) the relevant licensing authority, in relation to a club premises certificate, makes a determination or receives a notice under this Part, or

(b) an appeal against a decision under this Part is disposed of,

the relevant licensing authority must make the appropriate amendments (if any) to the certificate and, if necessary, issue a new summary of the certificate.

(2) Where a licensing authority is not in possession of the club premises certificate, it may, for the purpose of discharging its obligations under subsection (1), require the secretary of the club to produce the certificate to the authority within 14 days from the date on which the club is notified of the requirement.

(3) A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (2).

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Duty to keep and produce certificate

94

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

(2) The secretary of the club must secure that the certificate, or a certified copy of it, and a list of any relevant mandatory conditions applicable to the certificate are kept at the premises in the custody or under the control of a person (the “nominated person”) who—

(a) falls within subsection (3),

(b) has been nominated for the purpose by the secretary in writing, and

(3) The persons who fall within this subsection are—

(a) the secretary of the club,

(b) any member of the club,

(4) The nominated person must secure that—

(a) the summary of the certificate or a certified copy of that summary, and

(b) a notice specifying the position which he holds at the premises,

are prominently displayed at the premises.

(5) The secretary commits an offence if he fails, without reasonable excuse, to comply with subsection (2).

(6) The nominated person commits an offence if he fails, without reasonable excuse, to comply with subsection (4).

(7) A constable or an authorised person may require the nominated person to produce the club premises certificate (or certified copy or any list of relevant mandatory conditions) for examination.

(8) An authorised person exercising the power conferred by subsection (7) must, if so requested, produce evidence of his authority to exercise the power.

(9) A person commits an offence if he fails, without reasonable excuse, to produce a club premises certificate or certified copy of a club premises certificate or a list of relevant mandatory conditions in accordance with a requirement under subsection (7).

(10) 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.

(11) In subsection (4) the reference to the summary of the certificate is a reference to the summary issued under section 77 or, where one or more summaries have subsequently been issued under section 93, the most recent summary to be so issued.

(12) Section 95 makes provision about certified copies of club premises certificates and of summaries of club premises certificates for the purposes of this section.

(13) In this section “relevant mandatory conditions”, in relation to a club premises certificate, means conditions applicable to the certificate by virtue of section 73A or 73B.

Provision supplementary to section 94

95

(1) Any reference in section 94 to a certified copy of a document is a reference to a copy of the document which is certified to be a true copy by—

(a) the relevant licensing authority,

(b) a solicitor or notary, or

(2) Any certified copy produced in accordance with a requirement under subsection 94(7) must be a copy of the document in the form in which it exists at the time.

(3) A document which purports to be a certified copy of a document is to be taken to be such a copy, and to comply with the requirements of subsection (2), unless the contrary is shown.

(4) In this section “notary” means a person (other than a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to any activity which constitutes a notarial activity (within the meaning of that Act).

Inspection of premises before grant of certificate etc.

96

(1) Subsection (2) applies where—

(a) a club applies for a club premises certificate in respect of any premises,

(b) a club applies under section 84 for the variation of a club premises certificate held by it, or

(2) On production of his authority—

(a) an authorised person, or

(b) a constable authorised by the chief officer of police,

may enter and inspect the premises.

(3) Any entry and inspection under this section must take place at a reasonable time on a day—

(a) which is not more than 14 days after the making of the application in question, and

(b) which is specified in the notice required by subsection (4).

(4) Before an authorised person or constable enters and inspects any premises under this section, at least 48 hours' notice must be given to the club.

(5) Any person obstructing an authorised person in the exercise of the power conferred by this section commits an offence.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) The relevant licensing authority may, on the application of a responsible authority, extend by not more than 7 days the time allowed for carrying out an entry and inspection under this section.

(8) The relevant licensing authority may allow such an extension of time only if it appears to the authority that—

(a) reasonable steps had been taken for an authorised person or constable authorised by the applicant to inspect the premises in good time, but

(b) it was not possible for the inspection to take place within the time allowed.

Other powers of entry and search

97

(1) Where a club premises certificate has effect in respect of any premises, a constable may enter and search the premises if he has reasonable cause to believe—

(a) that an offence under section 4(3)(a), (b) or (c) of the Misuse of Drugs Act 1971 (c. 38) (supplying or offering to supply, or being concerned in supplying or making an offer to supply, a controlled drug) has been, is being, or is about to be, committed there, ...

(aa) that an offence under section 5(1) or (2) of the Psychoactive Substances Act 2016 (supplying, or offering to supply, a psychoactive substance) has been, is being, or is about to be, committed there, or

(b) that there is likely to be a breach of the peace there.

(2) A constable exercising any power conferred by this section may, if necessary, use reasonable force.

Part 5 — Permitted temporary activities

Introductory

Meaning of “permitted temporary activity”

98

(1) A licensable activity is a permitted temporary activity by virtue of this Part if—

(a) it is carried out in accordance with—

(i) a notice given in accordance with section 100, and

(ii) any conditions imposed under section 106A, and

(b) the following conditions are satisfied.

(2) The first condition is that the requirements of section 102 (acknowledgement of notice) are met in relation to the notice.

(3) The second condition is that the notice has not been withdrawn under this Part.

(4) The third condition is that no counter notice has been given under this Part in respect of the notice.

The relevant licensing authority

99

In this Part references to the “relevant licensing authority”, in relation to any premises, are references 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, each of those authorities.

Temporary event notices

Temporary event notice

100

(1) Where it is proposed to use premises for one or more licensable activities during a period not exceeding 168 hours, an individual may give to the relevant licensing authority notice of that proposal (a “temporary event notice”).

(2) In this Act, the “premises user”, in relation to a temporary event notice, is the individual who gave the notice.

(3) An individual may not give a temporary event notice unless he is aged 18 or over.

(4) A temporary event notice must be in the prescribed form and contain—

(a) a statement of the matters mentioned in subsection (5),

(b) where subsection (6) applies, a statement of the condition mentioned in that subsection, and

(5) Those matters are—

(a) the licensable activities to which the proposal mentioned in subsection (1) relates (“the relevant licensable activities”),

(b) the period (not exceeding 168 hours) during which it is proposed to use the premises for those activities (“the event period”),

(d) the maximum number of persons (being a number less than 500) which the premises user proposes should, during those times, be allowed on the premises at the same time,

(e) where the relevant licensable activities include the supply of alcohol, whether supplies are proposed to be for consumption on the premises or off the premises, or both, and

(f) such other matters as may be prescribed.

(6) Where the relevant licensable activities include the supply of alcohol, the notice must make it a condition of using the premises for such supplies that all such supplies are made by or under the authority of the premises user.

(7) The temporary event notice—

(a) must be given in accordance with section 100A, and

(b) must be accompanied by the prescribed fee when it is given by the premises user to the relevant licensing authority.

(8) The Secretary of State may, by order—

(a) amend subsections (1) and (5)(b) so as to substitute any period for the period for the time being specified there;

(b) amend subsection (5)(d) so as to substitute any number for the number for the time being specified there.

(9) In this section “supply of alcohol” means—

(a) the sale by retail of alcohol, or

(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

Minimum of 24 hours between event periods

101

(1) A temporary event notice (“notice A”) given by an individual (“the relevant premises user”) is void if the event period specified in it does not—

(a) end at least 24 hours before the event period specified in any other temporary event notice given by the relevant premises user in respect of the same premises before or at the same time as notice A, or

(b) begin at least 24 hours after the event period specified in any other such notice.

(2) For the purposes of subsection (1)—

(a) any temporary event notice in respect of which a counter notice has been given under this Part or which has been withdrawn under section 103 is to be disregarded;

(b) a temporary event notice given by an individual who is an associate of the relevant premises user is to be treated as a notice given by the relevant premises user;

(c) a temporary event notice (“notice B”) given by an individual who is in business with the relevant premises user is to be treated as a notice given by the relevant premises user if—

(i) that business relates to one or more licensable activities, and

(ii) notice A and notice B relate to one or more licensable activities to which the business relates (although not necessarily the same activity or activities);

(d) two temporary event notices are in respect of the same premises if the whole or any part of the premises in respect of which one of the notices is given includes or forms part of the premises in respect of which the other notice is given.

(3) For the purposes of this section an individual is an associate of another person if that individual is—

(a) the spouse or civil partner of that person,

(b) a child, parent, grandchild, grandparent, brother or sister of that person,

(d) the spouse or civil partner of a person within paragraph (b) or (c).

(4) For the purposes of subsection (3) a person living with another as that person’s husband or wife is to be treated as that person’s spouse.

Acknowledgement of notice

102

(1) Where a licensing authority receives a temporary event notice in accordance with this Part, it must give written acknowledgement of the receipt of the notice to the premises user—

(a) before the end of the first working day following the day on which it was received, or

(b) if the day on which it was received was not a working day, before the end of the second working day following that day.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subsection (1) does not apply where, before the time by which acknowledgement of the receipt of the notice must be given in accordance with that subsection, a counter notice has been given to the premises user under—

(a) where the counter notice is in respect of a late temporary event notice, section 104A, or

(b) where the counter notice is in respect of a standard temporary event notice or a late temporary event notice, section 107.

Withdrawal of notice

103

(1) A temporary event notice may be withdrawn by the premises user giving the relevant licensing authority a notice to that effect no later than 24 hours before the beginning of the event period specified in the temporary event notice.

(2) Nothing in section 102 or sections 104 to 107 applies in relation to a notice withdrawn in accordance with this section.

Objections

Objection to notice by the police

104

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a relevant person who is given a temporary event notice is satisfied that allowing the premises to be used in accordance with the notice would undermine a licensing objective, the relevant person must give a notice stating the reasons for being so satisfied (an “objection notice”)—

(a) to the relevant licensing authority,

(b) to the premises user, and

(3) The objection notice must be given before the end of the third working day following the day on which the relevant person is given the temporary event notice.

(4) Subsection (2) does not apply at any time after the relevant person has received a copy of a counter notice under section 107 in respect of the temporary event notice.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Counter notice following police objection

105

(1) This section applies where an objection notice is given under section 104(2) in respect of a standard temporary event notice.

(2) The relevant licensing authority must—

(a) hold a hearing to consider the objection notice, unless the premises user, the relevant person who gave the objection notice and the authority agree that a hearing is unnecessary, and

(b) having regard to the objection notice, give the premises user a counter notice under this section if it considers it appropriate for the promotion of a licensing objective to do so.

(3) The relevant licensing authority must—

(a) in a case where it decides not to give a counter notice under this section, give the premises user and each relevant person notice of the decision, and

(b) in any other case—

(i) give the premises user the counter notice and a notice stating the reasons for its decision, and

(ii) give each relevant person a copy of both of those notices.

(4) A decision must be made under subsection (2)(b), and the requirements of subsection (3) must be met, at least 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 this section must be exercised by those authorities jointly.

(6) This section does not apply—

(a) if the objection notice has been withdrawn (whether by virtue of section 106 or otherwise), or

(b) if the premises user has been given a counter notice under section 107.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of notice following police objection

106

(1) This section applies where a relevant person has given an objection notice under section 104(2) in respect of a standard temporary event notice (and the objection notice has not been withdrawn).

(2) At any time before a hearing is held or dispensed with under section 105(2), the relevant person may, with the agreement of the premises user and each other relevant person, modify the temporary event notice by making changes to it.

(3) Where a temporary event notice is modified under subsection (2)—

(a) the objection notice is to be treated for the purposes of this Act as having been withdrawn from the time the temporary event notice is modified, and

(b) from that time—

(i) this Act has effect as if the temporary event notice given under section 100 had been the notice as modified under that subsection, and

(ii) to the extent that the conditions of section 98 are satisfied in relation to the unmodified notice they are to be treated as satisfied in relation to the notice as modified under that subsection.

(4) A copy of the temporary event notice as modified under subsection (2) must be sent or delivered by the relevant person to the relevant licensing authority before a hearing is held or dispensed with under section 105(2).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This section does not apply if a counter notice has been given under section 107.

(7) In this section “objection notice” has the same meaning as in section 104(2).

Limits on temporary event notices

Counter notice where permitted limits exceeded

107

(1) Where a licensing authority—

(a) receives a temporary event notice (“notice A”) in respect of any premises (“the relevant premises”), and

(b) is satisfied that subsection (2), (3), (4) or (5) applies,

the authority must give the premises user (“the relevant premises user”) a counter notice under this section.

(2) This subsection applies if the relevant premises user—

(a) holds a personal licence, and

(b) has already given at least—

(i) 50 temporary event notices, or

(ii) ten late temporary event notices,

in respect of event periods wholly or partly within the same year as the event period specified in notice A.

(3) This subsection applies if the relevant premises user—

(a) does not hold a personal licence, and

(b) has already given at least—

(i) five temporary event notices, or

(ii) two late temporary event notices,

in respect of event periods wholly or partly within the same year as the event period specified in notice A.

(4) This subsection applies if at least 15 temporary event notices , or, in relation to event periods occurring wholly or partly in 2022 or 2023, at least 20 temporary event notices have already been given which—

(a) are in respect of the same premises as notice A, and

(b) specify as the event period a period wholly or partly within the same year as the event period specified in notice A.

(5) This subsection applies if, in any year in which the event period specified in notice A (or any part of it) falls, more than 21 days , or, in relation to event periods (or any part of those periods) occurring in 2022 or 2023, more than 26 days are days on which one or more of the following fall—

(a) that event period or any part of it,

(b) an event period specified in a temporary event notice already given in respect of the same premises as notice A or any part of such a period.

(6) If the event period in notice A straddles two years, subsections (2), (3) and (4) apply separately in relation to each of those years.

(7) A counter notice under this section must be in the prescribed form and given to the premises user in the prescribed manner.

(8) No such counter notice may be given later than 24 hours before the beginning of the event period specified in notice A.

(9) In determining whether subsection (2), (3), (4) or (5) applies, any temporary event notice in respect of which a counter notice has been given under this section or section 105 is to be disregarded.

(10) In determining for the purposes of subsection (2) or (3) the number of temporary event notices given by the relevant premises user—

(a) a temporary event notice given by an individual who is an associate of the relevant premises user is to be treated as a notice given by the relevant premises user;

(b) a temporary event notice (“notice B”) given by an individual who is in business with the relevant premises user is to be treated as a notice given by the relevant premises user if—

(i) that business relates to one or more licensable activities, and

(ii) notice A and notice B relate to one or more licensable activities to which the business relates (but not necessarily the same activity or activities).

(11) Where a licensing authority gives a counter notice under this section it must, forthwith, send a copy of that notice to each relevant person.

(12) The Secretary of State may, by order, amend subsection (2)(b), (3)(b), (4) or (5) so as to substitute any number for the number for the time being specified there.

(13) For the purposes of this section—

(a) a temporary event notice is in respect of the same premises as notice A if it is in respect of the whole or any part of the relevant premises or premises which include the whole or any part of those premises,

(b) “year” means calendar year,

(d) subsections (3) and (4) of section 101 (meaning of “associate”) apply as they apply for the purposes of that section.

Rights of entry, production of notice, etc.

Right of entry where temporary event notice given

108

(1) A constable or an authorised officer may, at any reasonable time, enter the premises to which a temporary event notice relates to assess the likely effect of the notice on the promotion of the crime prevention objective.

(2) An authorised officer exercising the power conferred by this section must, if so requested, produce evidence of his authority to exercise the power.

(3) A person commits an offence if he intentionally obstructs an authorised officer exercising a power conferred by this section.

(4) 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.

(5) In this section “authorised officer” means—

(a) an officer of the licensing authority in whose area the premises are situated, or

(b) if the premises are situated in the area of more than one licensing authority, an officer of any of those authorities,

authorised for the purposes of this Act.

Duty to keep and produce temporary event notice

109

(1) This section applies whenever premises are being used for one or more licensable activities which are or are purported to be permitted temporary activities by virtue of this Part.

(2) The premises user must either—

(a) secure that a copy of the temporary event notice , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice is prominently displayed at the premises, or

(b) meet the requirements of subsection (3).

(3) The requirements of this subsection are that the premises user must—

(a) secure that the temporary event notice , together with a copy of any statement of conditions given under section 106A(3) in respect of the notice is kept at the premises in—

(i) his custody, or

(ii) in the custody of a person who is present and working at the premises and whom he has nominated for the purposes of this section, and

(b) where the temporary event notice and any statement of conditions are in the custody of a person so nominated, secure that a notice specifying that fact and the position held at the premises by that person is prominently displayed at the premises.

(4) The premises user commits an offence if he fails, without reasonable excuse, to comply with subsection (2).

(5) Where—

(a) the temporary event notice or any statement of conditions is not displayed as mentioned in subsection (2)(a), and

(b) no notice is displayed as mentioned in subsection (3)(b),

a constable or authorised officer may require the premises user to produce the temporary event notice or statement of conditions for examination.

(6) Where a notice is displayed as mentioned in subsection (3)(b), a constable or authorised officer may require the person specified in that notice to produce the temporary event notice or statement of conditions for examination.

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

(8) A person commits an offence if he fails, without reasonable excuse, to produce a temporary event notice or statement of conditions in accordance with a requirement under subsection (5) or (6).

(9) 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.

(10) In this section “authorised officer” has the meaning given in section 108(5).

Miscellaneous

Theft, loss, etc. of temporary event notice

110

(1) Where a temporary event notice acknowledged under section 102 is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which acknowledged the notice (or, if there is more than one such authority, any of them) for a copy of the notice.

(1A) Where a statement of conditions that is given under section 106A(3) is lost, stolen, damaged or destroyed, the premises user may apply to the licensing authority which gave the statement for a copy of the statement.

(2) No application may be made under this section more than one month after the end of the event period specified in the notice.

(3) The application must be accompanied by the prescribed fee.

(4) Where a licensing authority receives an application under this section, it must issue the premises user with a copy of the notice or statement (certified by the authority to be a true copy) if it is satisfied that—

(a) the notice or statement has been lost, stolen, damaged or destroyed, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The copy issued under this section must be a copy of the notice or statement in the form it existed immediately before it was lost, stolen, damaged or destroyed.

(6) This Act applies in relation to a copy issued under this section as it applies in relation to an original notice or statement.

Part 6 — Personal licences

Introductory

Personal licence

111

(1) In this Act “personal licence” means a licence which—

(a) is granted by a licensing authority to an individual, and

(b) authorises that individual to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence.

(2) In subsection (1)(b) the reference to an individual supplying alcohol is to him—

(a) selling alcohol by retail, or

(b) supplying alcohol by or on behalf of a club to, or to the order of, a member of the club.

The relevant licensing authority

112

For the purposes of this Part the “relevant licensing authority”, in relation to a personal licence, is the licensing authority which granted the licence.

Meaning of “relevant offence” and “foreign offence”

113

(1) In this Part “relevant offence” means an offence listed in Schedule 4.

(2) The Secretary of State may by order amend that list so as to add, modify or omit any entry.

(2A) In this Part “immigration offence” means—

(a) an offence referred to in paragraph 7A of Schedule 4, or

(b) an offence listed in paragraph 24 or 25 of Schedule 4 that is committed in relation to an offence referred to in paragraph 7A of that Schedule.

(3) In this Part “foreign offence” means an offence (other than a relevant offence) under the law of any place outside England and Wales.

(4) In this Part “immigration penalty” means a penalty under—

(a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

(b) section 23 of the Immigration Act 2014 (“the 2014 Act”).

(5) For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a) the person is excused payment by virtue of section 15(3) of that Act, or

(b) the penalty is cancelled by virtue of section 16 or 17 of that Act.

(6) For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(7) For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a) the person is excused payment by virtue of section 24 of that Act, or

(b) the penalty is cancelled by virtue of section 29 or 30 of that Act.

(8) For the purposes of this Part a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and

(b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

Spent convictions

114

For the purposes of this Part a conviction for a relevant offence or a foreign offence must be disregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53).

Period of validity of personal licence

115

(1) A personal licence has effect indefinitely.

(2) Subsection (1) is subject to subsections (2A), (3) and (4) and to—

(a) section 116 (surrender),

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) A personal licence ceases to have effect if the holder of the licence ceases to be entitled to work in the United Kingdom.

(3) A personal licence ceases to have effect when it is revoked under section 124 or forfeited under section 129.

(4) And a personal licence does not have effect during any period when it is suspended under section 129.

(5) Subsections (3) and (4) are subject to any court order under sections 129(4) or 130.

Surrender of personal licence

116

(1) Where the holder of a personal licence wishes to surrender his licence he may give the relevant licensing authority a notice to that effect.

(2) The notice must be accompanied by the personal licence or, if that is not practicable, by a statement of the reasons for the failure to provide the licence.

(3) Where a notice of surrender is given in accordance with this section, the personal licence lapses on receipt of the notice by the authority.

Grant ... of licences

Application for grant or renewal of personal licence

117

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An application by an individual for the grant of a personal licence—

(a) must, if the applicant is ordinarily resident in the area of a licensing authority, be made to that authority, and

(b) may, in any other case, be made to any licensing authority.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subsection (1) is subject to regulations under section 133 (form etc. of applications and notices under this Part).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Individual permitted to hold only one personal licence

118

(1) An individual who makes an application for the grant of a personal licence under section 117 (“the initial application”) may not make another such application until the initial application has been determined by the licensing authority to which it was made or has been withdrawn.

(2) A personal licence is void if, at the time it is granted, the individual to whom it is granted already holds a personal licence.

Licence continued pending renewal

119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of application for grant

120

(1) This section applies where an application for the grant of a personal licence is made to a licensing authority in accordance with section 117.

(2) The authority must grant the licence if it appears to it that—

(a) the applicant is aged 18 or over,

(aa) he is entitled to work in the United Kingdom,

(b) he possesses a licensing qualification or is a person of a prescribed description,

(c) no personal licence held by him has been forfeited in the period of five years ending with the day the application was made, and

(d) he has not been convicted of any relevant offence or any foreign offence or required to pay an immigration penalty.

(3) The authority must reject the application if it appears to it that the applicant fails to meet the condition in any of paragraphs (a) to (c) of subsection (2).

(4) If it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of that subsection but fails to meet the condition in paragraph (d) of that subsection, the authority must give the chief officer of police for its area a notice to that effect.

(5) Where, having regard to—

(a) any conviction of the applicant for a relevant offence, ...

(b) any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence, and

the chief officer of police is satisfied that granting the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (4), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).

(5A) If it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of subsection (2) but fails to meet the condition in paragraph (d) of that subsection by virtue of having been—

(a) convicted of an immigration offence,

(b) convicted of a foreign offence that the authority considers to be comparable to an immigration offence, or

the authority must give the Secretary of State a notice to that effect.

(5B) Where, having regard to—

(a) any conviction of the applicant for an immigration offence,

(b) any conviction of the applicant for a foreign offence which the Secretary of State considers to be comparable to an immigration offence, and

the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (5A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).

(6) Where no objection notice or immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), or any such notice given is withdrawn,, the authority must grant the application.

(7) Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), and not withdrawn, the authority—

(a) must hold a hearing to consider the ... notice, unless the applicant, the person who gave the notice and the authority agree that it is unnecessary, and

(b) having regard to the notice, must—

(i) where the notice is an objection notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii) where the notice is an immigration objection notice, reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

(7A) An application that is not rejected by the authority under subsection (7)(b) must be granted by it.

(8) In this section “licensing qualification” means—

(a) a qualification—

(i) accredited at the time of its award, and

(ii) awarded by a body accredited at that time,

(b) a qualification awarded before the coming into force of this section which the Secretary of State certifies is to be treated for the purposes of this section as if it were a qualification within paragraph (a), or

(c) a qualification obtained in Scotland or Northern Ireland or in an EEA State ... which is equivalent to a qualification within paragraph (a) or (b).

(9) For this purpose—

“accredited” means accredited by the Secretary of State; and

“EEA State” means a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.

Determination of application for renewal

121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of determinations

122

(1) Where a licensing authority grants an application—

(a) it must give the applicant and the chief officer of police for its area a notice to that effect, and

(b) if the chief officer of police gave an objection notice or the Secretary of State gave an immigration objection notice (which , in either case, was not withdrawn), the notice under paragraph (a) must contain a statement of the licensing authority’s reasons for granting the application.

(2) A licensing authority which rejects an application must give the applicant and the chief officer of police for its area a notice to that effect containing a statement of the authority’s reasons for rejecting the application.

(2A) Where the Secretary of State gave an immigration objection notice (which was not withdrawn) the notice under subsection (1)(a) or (2), as the case may be, must also be given to the Secretary of State.

(3) In this section—

“application” means an application for the grant ... of a personal licence; and

“objection notice” and “immigration objection notice” have the meaning given in section 120 ....

Duty to notify licensing authority of convictions during application period

123

(1) Where an applicant for the grant ... of a personal licence is convicted of a relevant offence or a foreign offence during the application period, or is required to pay an immigration penalty during that period, he must as soon as reasonably practicable notify the conviction or the requirement to pay (as the case may be) to the authority to which the application is made.

(2) A person commits an offence if he fails, without reasonable excuse, to comply with subsection (1).

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) In this section “the application period” means the period that—

(a) begins when the application for grant ... is made, and

(b) ends when the application is determined or withdrawn.

Convictions coming to light after grant or renewal

124

(1) This section applies where, after a licensing authority has granted ... a personal licence, it becomes aware (whether by virtue of section 123(1), 131 or 132 or otherwise) that the holder of a personal licence (“the licence holder”) was convicted during the application period of any relevant offence or foreign offence or was required during that period to pay an immigration penalty.

(2) The licensing authority must give a notice to that effect to the chief officer of police for its area.

(3) Where, having regard to—

(a) any conviction of the licence holder for a relevant offence which occurred before the end of the application period,

(b) any conviction of his for a foreign offence which the chief officer of police considers to be comparable to a relevant offence and which occurred before the end of the application period, and

... the chief officer of police is satisfied that continuation of the licence would undermine the crime prevention objective, he must, within the period of 14 days beginning with the day he received the notice under subsection (2), give the authority a notice stating the reasons why he is so satisfied (an “objection notice”).

(3A) Where the licence holder was (during the application period)—

(a) convicted of an immigration offence,

(b) convicted of a foreign offence that the licensing authority considers to be comparable to an immigration offence, or

the authority must give the Secretary of State a notice to that effect.

(3B) Where, having regard to—

(a) any conviction of the licence holder for an immigration offence which occurred before the end of the application period,

(b) any conviction of the licence holder for a foreign offence which the Secretary of State considers to be comparable to an immigration offence and which occurred before the end of the application period, and

the Secretary of State is satisfied that continuation of the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (3A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).

(4) Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (3) or (3B), as the case may be, (and not withdrawn), the authority—

(a) must hold a hearing to consider the ... notice, unless the licence holder, the person who gave the notice and the authority agree it is unnecessary, and

(b) having regard to the notice, must —

(i) where the notice is an objection notice, revoke the licence if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii) where the notice is an immigration objection notice, revoke the licence if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

(5) Where the authority revokes or decides not to revoke a licence under subsection (4) it must notify the offender and the chief officer of police of the decision and its reasons for making it.

(5A) Where the authority revokes or decides not to revoke a licence under subsection (4)(b)(ii) it must also notify the Secretary of State of the decision and its reasons for making it.

(6) A decision under this section does not have effect—

(a) until the end of the period given for appealing against the decision, or

(b) if the decision is appealed against, until the appeal is disposed of.

(7) In this section “application period”, in relation to the grant ... of a personal licence, means the period that—

(a) begins when the application for the grant ... is made, and

(b) ends at the time of the grant ....

Form of personal licence

125

(1) Where a licensing authority grants a personal licence, it must forthwith issue the applicant with the licence.

(2) The licence must—

(a) specify the holder’s name and address, and

(b) identify the licensing authority which granted it.

(3) It must also contain a record of—

(a) each relevant offence and each foreign offence of which the holder has been convicted, the date of each conviction and the sentence imposed in respect of it,

(b) each immigration penalty that the holder has been required to pay and the date of each notice by which such a penalty was imposed.

(4) Subject to subsections (2) and (3), the licence must be in the prescribed form.

Theft, loss, etc. of personal licence

126

(1) Where a personal licence is lost, stolen, damaged or destroyed, the holder of the licence may apply to the relevant licensing authority for a copy of the licence.

(2) Subsection (1) is subject to regulations under section 133(2) (power to prescribe fee to accompany application).

(3) Where the relevant licensing authority receives an application under this section, it must issue the licence holder with a copy of the licence (certified by the authority to be a true copy) if it is satisfied that—

(a) the licence has been lost, stolen, damaged or destroyed, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The copy issued under this section must be a copy of the licence in the form in which it existed immediately before it was lost, stolen, damaged or destroyed.

(5) This Act applies in relation to a copy issued under this section as it applies in relation to an original licence.

Duty to notify certain changes

Duty to notify change of name or address

127

(1) The holder of a personal licence must, as soon as reasonably practicable, notify the relevant licensing authority of any change in his name or address as stated in the personal licence.

(2) Subsection (1) is subject to regulations under section 133(2) (power to prescribe fee to accompany notice).

(3) A notice under subsection (1) must also be accompanied by the personal licence or, if that is not practicable, by a statement of the reasons for the failure to provide the licence.

(4) A person commits an offence if he fails, without reasonable excuse, to comply with this section.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Conviction of licence holder for relevant offence

Duty to notify court of personal licence

128

(1) Where the holder of a personal licence is charged with a relevant offence, he must, no later than the time he makes his first appearance in a magistrates' court in connection with that offence—

(a) produce to the court the personal licence, or

(b) if that is not practicable, notify the court of the existence of the personal licence and the identity of the relevant licensing authority and of the reasons why he cannot produce the licence.

(2) Subsection (3) applies where a person charged with a relevant offence is granted a personal licence—

(a) after his first appearance in a magistrates' court in connection with that offence, but

(b) before—

(i) his conviction, and sentencing for the offence, or his acquittal, or,

(ii) where an appeal is brought against his conviction, sentence or acquittal, the disposal of that appeal.

(3) At his next appearance in court in connection with that offence, that person must—

(a) produce to the court the personal licence, or

(b) if that is not practicable, notify the court of the existence of the personal licence and the identity of the relevant licensing authority and of the reasons why he cannot produce the licence.

(4) Where—

(a) a person charged with a relevant offence has produced his licence to, or notified, a court under subsection (1) or (3), and

(b) before he is convicted of and sentenced for, or acquitted of, that offence, a notifiable event occurs in respect of the licence,

he must, at his next appearance in court in connection with that offence, notify the court of that event.

(5) For this purpose a “notifiable event” in relation to a personal licence means any of the following—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the surrender of the licence under section 116;

(d) the revocation of the licence under section 124.

(6) A person commits an offence if he fails, without reasonable excuse, to comply with this section.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Forfeiture or suspension of licence on conviction for relevant offence

129

(1) This section applies where the holder of a personal licence is convicted of a relevant offence by or before a court in England and Wales.

(2) The court may—

(a) order the forfeiture of the licence, or

(b) order its suspension for a period not exceeding six months.

(3) In determining whether to make an order under subsection (2), the court may take account of any previous conviction of the holder for a relevant offence.

(4) Where a court makes an order under this section it may suspend the order pending an appeal against it.

(5) Subject to subsection (4) and section 130, an order under this section takes effect immediately after it is made.

Powers of appellate court to suspend order under section 129

130

(1) This section applies where—

(a) a person (“the offender”) is convicted of a relevant offence, and

(b) an order is made under section 129 in respect of that conviction (“the section 129 order”).

(2) In this section any reference to the offender’s sentence includes a reference to the section 129 order and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.

(3) Where the offender—

(a) appeals to the Crown Court, or

(b) appeals or applies for leave to appeal to the Court of Appeal,

against his conviction or his sentence, the Crown Court or, as the case may be, the Court of Appeal may suspend the section 129 order.

(4) Where the offender appeals or applies for leave to appeal to the Supreme Court—

(a) under section 1 of the Administration of Justice Act 1960 (c. 65) from any decision of the High Court which is material to his conviction or sentence, or

(b) under section 33 of the Criminal Appeal Act 1968 (c. 19) from any decision of the Court of Appeal which is material to his conviction or sentence,

the High Court or, as the case may require, the Court of Appeal may suspend the section 129 order.

(5) Where the offender makes an application in respect of the decision of the court in question under section 111 of the Magistrates' Courts Act 1980 (c. 43) (statement of case by magistrates' court) or section 28 of the Senior Courts Act 1981(c. 54) (statement of case by Crown Court) the High Court may suspend the section 129 order.

(6) Where the offender—

(a) applies to the High Court for a quashing order to remove into the High Court any proceedings of a magistrates' court or of the Crown Court, being proceedings in or in consequence of which he was convicted or his sentence was passed, or

(b) applies to the High Court for permission to make such an application,

the High Court may suspend the section 129 order.

(7) Any power of a court under this section to suspend the section 129 order is a power to do so on such terms as the court thinks fit.

(8) Where, by virtue of this section, a court suspends the section 129 order it must send notice of the suspension to the relevant licensing authority.

(9) Where the section 129 order is an order for forfeiture of the licence, an order under this section to suspend that order has effect to reinstate the licence for the period of the suspension.

Court’s duty to notify licensing authority of convictions

131

(1) This section applies where a person who holds a personal licence (“the relevant person”) is convicted, by or before a court in England and Wales, of a relevant offence in a case where—

(a) the relevant person has given notice under section 128 (notification of personal licence), or

(b) the court is, for any other reason, aware of the existence of that personal licence.

(2) The appropriate officer of the court must (as soon as reasonably practicable)—

(a) send to the relevant licensing authority a notice specifying—

(i) the name and address of the relevant person,

(ii) the nature and date of the conviction, and

(iii) any sentence passed in respect of it, including any order made under section 129, andsend a copy of the notice to the relevant person.

(3) Where, on an appeal against the relevant person’s conviction for the relevant offence or against the sentence imposed on him for that offence, his conviction is quashed or a new sentence is substituted for that sentence, the court which determines the appeal must (as soon as reasonably practicable) arrange—

(a) for notice of the quashing of the conviction or the substituting of the sentence to be sent to the relevant licensing authority, and

(b) for a copy of the notice to be sent to the relevant person.

(4) Where the case is referred to the Court of Appeal under section 36 of the Criminal Justice Act 1988 (c. 33) (review of lenient sentence), the court must cause—

(a) notice of any action it takes under subsection (1) of that section to be sent to the relevant licensing authority, and

(b) a copy of the notice to be sent to the relevant person.

(5) For the purposes of subsection (2) “the appropriate officer” is—

(a) in the case of a magistrates' court, the designated officer for the court, and

(b) in the case of the Crown Court, the appropriate officer;

and section 141 of the Magistrates' Courts Act 1980 (c. 43) (meaning of “clerk of a magistrates' court”) applies in relation to this subsection as it applies in relation to that section.

Licence holder’s duty to notify licensing authority of convictions

132

(1) Subsection (2) applies where the holder of a personal licence—

(a) is convicted of a relevant offence, in a case where section 131(1) does not apply, or

(b) is convicted of a foreign offence.

(2) The holder must—

(a) as soon as reasonably practicable after the conviction, give the relevant licensing authority a notice containing details of the nature and date of the conviction, and any sentence imposed on him in respect of it, and

(b) as soon as reasonably practicable after the determination of any appeal against the conviction or sentence, or of any reference under section 36 of the Criminal Justice Act 1988 (c. 33) in respect of the case, give the relevant licensing authority a notice containing details of the determination.

(2A) Subsection (2B) applies where the holder of a personal licence is required to pay an immigration penalty.

(2B) The holder must, as soon as reasonably practicable after being required to pay the penalty, give the relevant licensing authority a notice containing details of the penalty, including the date of the notice by which the penalty was imposed.

(3) A notice under subsection (2) or (2B) must be accompanied by the personal licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence.

(4) A person commits an offence if he fails, without reasonable excuse, to comply with this section.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

General provision

Form etc. of applications and notices under Part 6

133

(1) In relation to any application under section 117 or notice under this Part, regulations may prescribe—

(a) its form,

(b) the manner in which it is to be made or given, and

(2) Regulations may also—

(a) require applications under section 117 or 126 or notices under section 127 to be accompanied by a fee, and

(b) prescribe the amount of the fee.

Licensing authority’s duty to update licence document

134

(1) Where—

(a) the relevant licensing authority makes a determination under section ... 124(4),

(b) it receives a notice under section 123(1), 127, 131 or 132, or

in relation to a personal licence, the authority must make the appropriate amendments (if any) to the licence.

(2) Where, under section 131, notice is given of the making of an order under section 129, the relevant licensing authority must make an endorsement on the licence stating the terms of the order.

(3) Where, under section 131, notice is given of the quashing of such an order, any endorsement previously made under subsection (2) in respect of it must be cancelled.

(4) Where a licensing authority is not in possession of a personal licence, it may, for the purposes of discharging its obligations under this section, require the holder of the licence to produce it to the authority within 14 days beginning with the day on which he is notified of the requirement.

(5) A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (4).

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Production of licence

Licence holder’s duty to produce licence

135

(1) This section applies where the holder of a personal licence is on premises to make or authorise the supply of alcohol, and such supplies—

(a) are authorised by a premises licence in respect of those premises, or

(b) are a permitted temporary activity on the premises by virtue of a temporary event notice given under Part 5 in respect of which he is the premises user.

(2) Any constable or authorised officer may require the holder of the personal licence to produce that licence for examination.

(3) An authorised officer exercising the power conferred by subsection (2) must, if so requested, produce evidence of his authority to exercise the power.

(4) A person who fails, without reasonable excuse, to comply with a requirement under subsection (2) is guilty of an offence.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) In this section “authorised officer” means an officer of a licensing authority authorised by the authority for the purposes of this Act.

Part 7 — Offences

Unauthorised licensable activities

136

(1) A person commits an offence if—

(a) he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or

(b) he knowingly allows a licensable activity to be so carried on.

(2) Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of the entertainment is that he—

(a) performs in a play,

(b) participates as a sportsman in an indoor sporting event,

(d) performs live music,

(e) plays recorded music,

(f) performs dance, or

(g) does something coming within paragraph 2(1)(h) of Schedule 1 (entertainment similar to music, dance, etc.).

(3) Subsection (2) is to be construed in accordance with Part 3 of Schedule 1.

(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.

(5) In this Part “authorisation” means—

(a) a premises licence,

(b) a club premises certificate, or

Exposing alcohol for unauthorised sale

137

(1) A person commits an offence if, on any premises, he exposes for sale by retail any alcohol in circumstances where the sale by retail of that alcohol on those premises would be an unauthorised licensable activity.

(2) For that purpose a licensable activity is unauthorised unless it is under and in accordance with an authorisation.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.

(4) The court by which a person is convicted of an offence under this section may order the alcohol in question, and any container for it, to be forfeited and either destroyed or dealt with in such other manner as the court may order.

Keeping alcohol on premises for unauthorised sale etc.

138

(1) A person commits an offence if he has in his possession or under his control alcohol which he intends to sell by retail or supply in circumstances where that activity would be an unauthorised licensable activity.

(2) For that purpose a licensable activity is unauthorised unless it is under and in accordance with an authorisation.

(3) In subsection (1) the reference to the supply of alcohol is a reference to the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

(4) 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.

(5) The court by which a person is convicted of an offence under this section may order the alcohol in question, and any container for it, to be forfeited and either destroyed or dealt with in such other manner as the court may order.

Defence of due diligence

139

(1) In proceedings against a person for an offence to which subsection (2) applies, it is a defence that—

(a) his act was due to a mistake, or to reliance on information given to him, or to an act or omission by another person, or to some other cause beyond his control, and

(b) he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

(2) This subsection applies to an offence under—

(a) section 136(1)(a) (carrying on unauthorised licensable activity),

(b) section 137 (exposing alcohol for unauthorised sale), or

Drunkenness and disorderly conduct

Allowing disorderly conduct on licensed premises etc.

140

(1) A person to whom subsection (2) applies commits an offence if he knowingly allows disorderly conduct on relevant premises.

(2) This subsection applies—

(a) to any person who works at the premises in a capacity, whether paid or unpaid, which authorises him to prevent the conduct,

(b) in the case of licensed premises, to—

(i) the holder of a premises licence in respect of the premises, and

(ii) the designated premises supervisor (if any) under such a licence,

(c) in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who at the time the conduct takes place is present on the premises in a capacity which enables him to prevent it, and

(d) in the case of premises which may be used for a permitted temporary activity by virtue of Part 5, to the premises user in relation to the temporary event notice in question.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Sale of alcohol to a person who is drunk

141

(1) A person to whom subsection (2) applies commits an offence if, on relevant premises, he knowingly—

(a) sells or attempts to sell alcohol to a person who is drunk, or

(b) allows alcohol to be sold to such a person.

(2) This subsection applies—

(a) to any person who works at the premises in a capacity, whether paid or unpaid, which gives him authority to sell the alcohol concerned,

(b) in the case of licensed premises, to—

(i) the holder of a premises licence in respect of the premises, and

(ii) the designated premises supervisor (if any) under such a licence,

(c) in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who at the time the sale (or attempted sale) takes place is present on the premises in a capacity which enables him to prevent it, and

(d) in the case of premises which may be used for a permitted temporary activity by virtue of Part 5, to the premises user in relation to the temporary event notice in question.

(3) This section applies in relation to the supply of alcohol by or on behalf of a club to or to the order of a member of the club as it applies in relation to the sale of alcohol.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Obtaining alcohol for a person who is drunk

142

(1) A person commits an offence if, on relevant premises, he knowingly obtains or attempts to obtain alcohol for consumption on those premises by a person who is drunk.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Failure to leave licensed premises etc.

143

(1) A person who is drunk or disorderly commits an offence if, without reasonable excuse—

(a) he fails to leave relevant premises when requested to do so by a constable or by a person to whom subsection (2) applies, or

(b) he enters or attempts to enter relevant premises after a constable or a person to whom subsection (2) applies has requested him not to enter.

(2) This subsection applies—

(a) to any person who works at the premises in a capacity, whether paid or unpaid, which authorises him to make such a request,

(b) in the case of licensed premises, to—

(i) the holder of a premises licence in respect of the premises, or

(ii) the designated premises supervisor (if any) under such a licence,

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