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

(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 is present on the premises in a capacity which enables him to make such a request, 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 subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(4) On being requested to do so by a person to whom subsection (2) applies, a constable must—

(a) help to expel from relevant premises a person who is drunk or disorderly;

(b) help to prevent such a person from entering relevant premises.

Smuggled goods

Keeping of smuggled goods

144

(1) A person to whom subsection (2) applies commits an offence if he knowingly keeps or allows to be kept, on any relevant premises, any goods which have been imported without payment of duty or which have otherwise been unlawfully imported.

(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 prevent the keeping of the goods on the premises,

(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 is present on the premises at any time when the goods are kept on the premises in a capacity which enables him to prevent them being so kept, 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.

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

Children and alcohol

Unaccompanied children prohibited from certain premises

145

(1) A person to whom subsection (3) applies commits an offence if—

(a) knowing that relevant premises are within subsection (4), he allows an unaccompanied child to be on the premises at a time when they are open for the purposes of being used for the supply of alcohol for consumption there, or

(b) he allows an unaccompanied child to be on relevant premises at a time between the hours of midnight and 5 a.m. when the premises are open for the purposes of being used for the supply of alcohol for consumption there.

(2) For the purposes of this section—

(a) “child” means an individual aged under 16,

(b) a child is unaccompanied if he is not in the company of an individual aged 18 or over.

(3) This subsection applies—

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

(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 is present on the premises in a capacity which enables him to make such a request, 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.

(4) Relevant premises are within this subsection if—

(a) they are exclusively or primarily used for the supply of alcohol for consumption on the premises, or

(b) they are open for the purposes of being used for the supply of alcohol for consumption on the premises by virtue of Part 5 (permitted temporary activities) and, at the time the temporary event notice in question has effect, they are exclusively or primarily used for such supplies.

(5) No offence is committed under this section if the unaccompanied child is on the premises solely for the purpose of passing to or from some other place to or from which there is no other convenient means of access or egress.

(6) Where a person is charged with an offence under this section by reason of his own conduct it is a defence that—

(a) he believed that the unaccompanied child was aged 16 or over or that an individual accompanying him was aged 18 or over, and

(b) either—

(i) he had taken all reasonable steps to establish the individual’s age, or

(ii) nobody could reasonably have suspected from the individual’s appearance that he was aged under 16 or, as the case may be, under 18.

(7) For the purposes of subsection (6), a person is treated as having taken all reasonable steps to establish an individual’s age if—

(a) he asked the individual for evidence of his age, and

(b) the evidence would have convinced a reasonable person.

(8) Where a person (“the accused”) is charged with an offence under this section by reason of the act or default of some other person, it is a defence that the accused exercised all due diligence to avoid committing it.

(9) 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.

(10) 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.

Sale of alcohol to children

146

(1) A person commits an offence if he sells alcohol to an individual aged under 18.

(2) A club commits an offence if alcohol is supplied by it or on its behalf—

(a) to, or to the order of, a member of the club who is aged under 18, or

(b) to the order of a member of the club, to an individual who is aged under 18.

(3) A person commits an offence if he supplies alcohol on behalf of a club—

(a) to, or to the order of, a member of the club who is aged under 18, or

(b) to the order of a member of the club, to an individual who is aged under 18.

(4) Where a person is charged with an offence under this section by reason of his own conduct it is a defence that—

(a) he believed that the individual was aged 18 or over, and

(b) either—

(i) he had taken all reasonable steps to establish the individual’s age, or

(ii) nobody could reasonably have suspected from the individual’s appearance that he was aged under 18.

(5) For the purposes of subsection (4), a person is treated as having taken all reasonable steps to establish an individual’s age if—

(a) he asked the individual for evidence of his age, and

(b) the evidence would have convinced a reasonable person.

(6) Where a person (“the accused”) is charged with an offence under this section by reason of the act or default of some other person, it is a defence that the accused exercised all due diligence to avoid committing it.

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

Allowing the sale of alcohol to children

147

(1) A person to whom subsection (2) applies commits an offence if he knowingly allows the sale of alcohol on relevant premises to an individual aged under 18.

(2) This subsection applies to a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to prevent the sale.

(3) A person to whom subsection (4) applies commits an offence if he knowingly allows alcohol to be supplied on relevant premises by or on behalf of a club—

(a) to or to the order of a member of the club who is aged under 18, or

(b) to the order of a member of the club, to an individual who is aged under 18.

(4) This subsection applies to—

(a) a person who works on the premises in a capacity, whether paid or unpaid, which authorises him to prevent the supply, and

(b) any member or officer of the club who at the time of the supply is present on the relevant premises in a capacity which enables him to prevent it.

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

Sale of liqueur confectionery to children under 16

148

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Purchase of alcohol by or on behalf of children

149

(1) An individual aged under 18 commits an offence if—

(a) he buys or attempts to buy alcohol, or

(b) where he is a member of a club—

(i) alcohol is supplied to him or to his order by or on behalf of the club, as a result of some act or default of his, or

(ii) he attempts to have alcohol supplied to him or to his order by or on behalf of the club.

(2) But subsection (1) does not apply where the individual buys or attempts to buy the alcohol at the request of—

(a) a constable, or

(b) a weights and measures inspector,

who is acting in the course of his duty.

(3) A person commits an offence if—

(a) he buys or attempts to buy alcohol on behalf of an individual aged under 18, or

(b) where he is a member of a club, on behalf of an individual aged under 18 he—

(i) makes arrangements whereby alcohol is supplied to him or to his order by or on behalf of the club, or

(ii) attempts to make such arrangements.

(4) A person (“the relevant person”) commits an offence if—

(a) he buys or attempts to buy alcohol for consumption on relevant premises by an individual aged under 18, or

(b) where he is a member of a club—

(i) by some act or default of his, alcohol is supplied to him, or to his order, by or on behalf of the club for consumption on relevant premises by an individual aged under 18, or

(ii) he attempts to have alcohol so supplied for such consumption.

(5) But subsection (4) does not apply where—

(a) the relevant person is aged 18 or over,

(b) the individual is aged 16 or 17,

(d) its purchase or supply is for consumption at a table meal on relevant premises, and

(e) the individual is accompanied at the meal by an individual aged 18 or over.

(6) Where a person is charged with an offence under subsection (3) or (4) it is a defence that he had no reason to suspect that the individual was aged under 18.

(7) A person guilty of an offence under this section is liable on summary conviction—

(a) in the case of an offence under subsection (1), to a fine not exceeding level 3 on the standard scale, and

(b) in the case of an offence under subsection (3) or (4), to a fine not exceeding level 5 on the standard scale.

Consumption of alcohol by children

150

(1) An individual aged under 18 commits an offence if he knowingly consumes alcohol on relevant premises.

(2) A person to whom subsection (3) applies commits an offence if he knowingly allows the consumption of alcohol on relevant premises by an individual aged under 18.

(3) This subsection applies—

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

(b) where the alcohol was supplied by a club to or to the order of a member of the club, to any member or officer of the club who is present at the premises at the time of the consumption in a capacity which enables him to prevent it.

(4) Subsections (1) and (2) do not apply where—

(a) the individual is aged 16 or 17,

(b) the alcohol is beer, wine or cider,

(d) the individual is accompanied at the meal by an individual aged 18 or over.

(5) A person guilty of an offence under this section is liable on summary conviction—

(a) in the case of an offence under subsection (1), to a fine not exceeding level 3 on the standard scale, and

(b) in the case of an offence under subsection (2), to a fine not exceeding level 5 on the standard scale.

Delivering alcohol to children

151

(1) A person who works on relevant premises in any capacity, whether paid or unpaid, commits an offence if he knowingly delivers to an individual aged under 18—

(a) alcohol sold on the premises, or

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

(2) A person to whom subsection (3) applies commits an offence if he knowingly allows anybody else to deliver to an individual aged under 18 alcohol sold on relevant premises.

(3) This subsection applies to a person who works on the premises in a capacity, whether paid or unpaid, which authorises him to prevent the delivery of the alcohol.

(4) A person to whom subsection (5) applies commits an offence if he knowingly allows anybody else to deliver to an individual aged under 18 alcohol supplied on relevant premises by or on behalf of a club to or to the order of a member of the club.

(5) This subsection applies—

(a) to a person who works on the premises in a capacity, whether paid or unpaid, which authorises him to prevent the supply, and

(b) to any member or officer of the club who at the time of the supply in question is present on the premises in a capacity which enables him to prevent the supply.

(6) Subsections (1), (2) and (4) do not apply where—

(a) the alcohol is delivered at a place where the buyer or, as the case may be, person supplied lives or works, or

(b) the individual aged under 18 works on the relevant premises in a capacity, whether paid or unpaid, which involves the delivery of alcohol, or

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

Sending a child to obtain alcohol

152

(1) A person commits an offence if he knowingly sends an individual aged under 18 to obtain—

(a) alcohol sold or to be sold on relevant premises for consumption off the premises, or

(b) alcohol supplied or to be supplied by or on behalf of a club to or to the order of a member of the club for such consumption.

(2) For the purposes of this section, it is immaterial whether the individual aged under 18 is sent to obtain the alcohol from the relevant premises or from other premises from which it is delivered in pursuance of the sale or supply.

(3) Subsection (1) does not apply where the individual aged under 18 works on the relevant premises in a capacity, whether paid or unpaid, which involves the delivery of alcohol.

(4) Subsection (1) also does not apply where the individual aged under 18 is sent by—

(a) a constable, or

(b) a weights and measures inspector,

who is acting in the course of his duty.

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

Prohibition of unsupervised sales by children

153

(1) A responsible person commits an offence if on any relevant premises he knowingly allows an individual aged under 18 to make on the premises—

(a) any sale of alcohol, or

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

unless the sale or supply has been specifically approved by that or another responsible person.

(2) But subsection (1) does not apply where—

(a) the alcohol is sold or supplied for consumption with a table meal,

(b) it is sold or supplied in premises which are being used for the service of table meals (or in a part of any premises which is being so used), and

(c) the premises are (or the part is) not used for the sale or supply of alcohol otherwise than to persons having table meals there and for consumption by such a person as an ancillary to his meal.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(4) In this section “responsible person” means—

(a) in relation to licensed premises—

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

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

(iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor,

(b) in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables him to prevent the supply in question, and

(i) the premises user, or

(ii) any individual aged 18 or over who is authorised for the purposes of this section by the premises user.

Enforcement role for weights and measures authorities

154

(1) It is the duty of every local weights and measures authority in England and Wales to enforce within its area the provisions of sections 146 and 147, so far as they apply to sales of alcohol made on or from premises to which the public have access.

(2) A weights and measures inspector may make, or authorise any person to make on his behalf, such purchases of goods as appear expedient for the purpose of determining whether those provisions are being complied with.

Confiscation of alcohol

Confiscation of sealed containers of alcohol

155

(1) In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (right to require surrender of alcohol)—

(a) in subsection (1), omit “(other than a sealed container)”,

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

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

Vehicles and trains

Prohibition on sale of alcohol on moving vehicles

156

(1) A person commits an offence under this section if he sells by retail alcohol on or from a vehicle at a time when the vehicle is not permanently or temporarily parked.

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

(3) In proceedings against a person for an offence under this section, 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.

Power to prohibit sale of alcohol on trains

157

(1) A magistrates' court acting for the local justice area may make an order prohibiting the sale of alcohol, during such period as may be specified, on any railway vehicle—

(a) at such station or stations as may be specified, being stations in that area, or

(b) travelling between such stations as may be specified, at least one of which is in that area.

(2) A magistrates' court may make an order under this section only on the application of a senior police officer.

(3) A magistrates' court may not make such an order unless it is satisfied that the order is necessary to prevent disorder.

(4) Where an order is made under this section, the responsible senior police officer must, forthwith, serve a copy of the order on the train operator (or each train operator) affected by the order.

(5) A person commits an offence if he knowingly—

(a) sells or attempts to sell alcohol in contravention of an order under this section, or

(b) allows the sale of alcohol in contravention of such an order.

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

(7) In this section—

“railway vehicle” has the meaning given by section 83 of the Railways Act 1993;

“responsible senior police officer”, in relation to an order under this section, means the senior police officer who applied for the order or, if the chief officer of police of the force in question has designated another senior police officer for the purpose, that other officer;

“senior police officer” means a police officer of, or above, the rank of inspector;

“specified” means specified in the order under this section;

“station” has the meaning given by section 83 of the Railways Act 1993 (c. 43); and

“train operator” means a person authorised by a licence under section 8 of that Act to operate railway assets (within the meaning of section 6 of that Act).

False statement relating to licensing etc.

False statements made for the purposes of this Act

158

(1) A person commits an offence if he knowingly or recklessly makes a false statement in or in connection with—

(a) an application for the grant, variation, transfer or review of a premises licence or club premises certificate,

(b) an application for a provisional statement,

(d) an application for the grant ... of a personal licence, or

(e) a notice within section 178(1) (notice by freeholder etc. conferring right to be notified of changes to licensing register).

(2) For the purposes of subsection (1) a person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement.

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

Interpretation

Interpretation of Part 7

159

In this Part—

“authorisation” has the meaning given in section 136(5);

“relevant premises” means—licensed premises, orpremises in respect of which there is in force a club premises certificate, or

“table meal” means a meal eaten by a person seated at a table, or at a counter or other structure which serves the purpose of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table; and

“weights and measures inspector” means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985 (c. 72).

Part 8 — Closure of premises

Closure of premises in an identified area

Orders to close premises in area experiencing disorder

160

(1) Where there is or is expected to be disorder in any local justice area, a magistrates' court acting in the area may make an order requiring all premises—

(a) which are situated at or near the place of the disorder or expected disorder, and

(b) in respect of which a premises licence or a temporary event notice has effect,

to be closed for a period, not exceeding 24 hours, specified in the order.

(2) A magistrates' court may make an order under this section only on the application of a police officer who is of the rank of superintendent or above.

(3) A magistrates' court may not make such an order unless it is satisfied that it is necessary to prevent disorder.

(4) Where an order is made under this section, a person to whom subsection (5) applies commits an offence if he knowingly keeps any premises to which the order relates open, or allows any such premises to be kept open, during the period of the order.

(5) This subsection applies—

(a) to any manager of the premises,

(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, and

(c) in the case of premises in respect of which a temporary event notice has effect, to the premises user in relation to that notice.

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

(7) A constable may use such force as may be necessary for the purpose of closing premises ordered to be closed under this section.

Closure of identified premises

Closure orders for identified premises

161

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Extension of closure order

162

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Cancellation of closure order

163

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Application to magistrates' court by police

164

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Consideration of closure order by magistrates' court

165

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Appeal from decision of magistrates' court

166

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Review of premises licence following closure order

167

(1) This section applies where—

(a) a magistrates' court has made a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown Court has made a closure order on appeal under section 84 of that Act, in relation to premises in respect of which a premises licence has effect, and

(b) the relevant licensing authority has accordingly received a notice under section 80(9) or 84(7) of that Act.

(1A) This section also applies where a court has made an illegal working compliance order under Schedule 6 to the Immigration Act 2016 and the relevant licensing authority has accordingly received a notice under that Schedule.

(2) The relevant licensing authority must review the premises licence.

(3) The authority must reach a determination on the review no later than 28 days after the day on which it receives the notice mentioned in subsection (1)(b).

(4) The Secretary of State must by regulations—

(a) require the relevant licensing authority to give, to the holder of the premises licence and each responsible authority, notice of the review and of the order mentioned in subsection (1)(a);

(b) require the authority to advertise the review and invite representations about it to be made to the authority by responsible authorities and other persons;

(c) prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any other person;

(d) require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.

(5) The relevant licensing authority must—

(a) hold a hearing to consider the order mentioned in subsection (1)(a) and any relevant representations;

(b) take such of the steps mentioned in subsection (6) (if any) as it considers appropriate for the promotion of the licensing objectives.

(6) Those steps are—

(a) to modify the conditions of the premises licence,

(b) to exclude a licensable activity from the scope of the licence,

(d) to suspend the licence for a period not exceeding three months, or

(e) to revoke the licence;

and for this purpose the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

(7) Subsection (5)(b) is subject to sections 19 to 21 (requirement to include certain conditions in premises licences).

(8) Where the authority takes a step within subsection (6)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

(9) In this section “relevant representations” means representations which—

(a) are relevant to one or more of the licensing objectives, and

(b) meet the requirements of subsection (10).

(10) The requirements are—

(a) that the representations are made by the holder of the premises licence, a responsible authority or any other person within the period prescribed under subsection (4)(c),

(b) that they have not been withdrawn, and

(c) if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(11) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

(12) Where a licensing authority determines a review under this section it must notify the determination and its reasons for making it to—

(a) the holder of the licence,

(b) any person who made relevant representations, and

(13) Section 168 makes provision about when the determination takes effect.

(14) In this section “responsible authority” has the same meaning as in Part 3.

Provision about decisions under section 167

168

(1) Subject to this section, a decision under section 167 does not have effect until the relevant time.

(2) In this section “the relevant time”, in relation to any decision, means—

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

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

(3) Subsections (4) and (5) apply where—

(a) the relevant licensing authority decides on a review under section 167 to take one or more of the steps mentioned in subsection (6)(a) to (d) of that section, and

(b) the premises to which the licence relates are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014.

(4) The decision by the relevant licensing authority to take any of the steps mentioned in section 167(6)(a) to (d) takes effect when it is notified to the holder of the licence under section 167(12).

This is subject to subsection (5) and paragraph 18(3) of Schedule 5 (power of magistrates' court to suspend decision pending appeal).

(5) The relevant licensing authority may, on such terms as it thinks fit, suspend the operation of that decision (in whole or in part) until the relevant time.

(6) Subsection (7) applies where—

(a) the relevant licensing authority decides on a review under section 167 to revoke the premises licence, and

(b) the premises to which the licence relates are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014.

(7) The premises must remain closed (but the licence otherwise in force) until the relevant time.

This is subject to paragraph 18(4) of Schedule 5 (power of magistrates' court to modify closure order pending appeal).

(8) A person commits an offence if, without reasonable excuse, he allows premises to be open in contravention of subsection (7).

(9) A person guilty of an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine, or to both.

Enforcement of closure order

169

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Exemption of police from liability for damages

170

(1) Neither a constable nor a trading standards officer is liable for relevant damages in respect of any act or omission of his in the performance or purported performance ... of his functions in relation to a closure notice.

(2) Neither a chief officer of police nor a local weights and measures authority is liable for relevant damages in respect of any act or omission of a person in the performance or purported performance, while under the direction or control of such a chief officer or local weights and measures authority—

(a) of a function of that person in relation to a closure order, or any extension of it; or

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

(3) But neither subsection (1) nor (2) applies—

(a) if the act or omission is shown to have been in bad faith, or

(b) so as to prevent an award of damages in respect of an act or omission on the grounds that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42) (incompatibility of act or omission with Convention rights).

(4) This section does not affect any other exemption from liability for damages (whether at common law or otherwise).

(4A) In this section references to a constable include references to a person exercising the powers of a constable by virtue of a designation under section 38 of the Police Reform Act 2002 (community support officers etc.); and, in relation to such a person exercising such powers by virtue of such a designation by the Commissioner of Police of the City of London, the first reference in subsection (2) to a chief officer of police has effect as a reference to the Common Council of the City of London.

(5) In this section, “relevant damages” means damages awarded in proceedings for judicial review, the tort of negligence or misfeasance in public office.

Interpretation

Interpretation of Part 8

171

(1) This section has effect for the purposes of this Part.

(2) Premises are open if a person who is not within subsection (4) enters the premises and—

(a) he buys or is otherwise supplied with food, drink or anything usually sold on the premises, or

(b) while he is on the premises, they are used for the provision of regulated entertainment.

(3) But in determining whether ... premises are open the following are to be disregarded—

(a) where no premises licence has effect in respect of the premises, any use of the premises for activities (other than licensable activities) which do not take place during an event period specified in a temporary event notice having effect in respect of the premises,

(b) any use of the premises for a qualifying club activity under and in accordance with a club premises certificate, and

(c) any supply exempted under paragraph 3 of Schedule 2 (certain supplies of hot food and drink by clubs, hotels etc. not a licensable activity) in circumstances where a person will neither be admitted to the premises, nor be supplied as mentioned in sub-paragraph (1)(b) of that paragraph, except by virtue of being a member of a recognised club or a guest of such a member.

(4) A person is within this subsection if he is—

(a) an appropriate person in relation to the premises,

(b) a person who usually lives at the premises, or

(5) The following expressions have the meanings given—

“appropriate person”, in relation to any ... premises, means—any person who holds a premises licence in respect of the premises,any designated premises supervisor under such a licence,the premises user in relation to any temporary event notice which has effect in respect of the premises, ora manager of the premises;

“closure notice” has the meaning given in section 169A;

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

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

“local weights and measures authority” has the meaning given by section 69 of the Weights and Measures Act 1985;

“manager”, in relation to any premises, means a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to close them;

“relevant licensing authority”, in relation to any licensed premises, has the same meaning as in Part 3;

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

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

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

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

“trading standards officer”, in relation to any premises to which a premises licence relates, means a person authorised by a local weights and measures authority to act in the area where those premises are situated in relation to proposed prohibitions contained in closure notices;

(6) A temporary event notice has effect from the time it is given in accordance with Part 5 until—

(a) the time it is withdrawn,

(b) the time a counter notice is given under that Part, or

whichever first occurs.

Part 9 — Miscellaneous and supplementary

Special occasions

Relaxation of opening hours for special occasions

172

(1) Where the Secretary of State considers that a period (“the celebration period”) marks an occasion of exceptional international, national, or local significance, he may make a licensing hours order.

(2) A licensing hours order is an order which provides that during the specified relaxation period premises licences and club premises certificates have effect (to the extent that it is not already the case) as if specified times were included in the opening hours.

(3) An order under this section may—

(a) make provision generally or only in relation to premises in one or more specified areas;

(b) make different provision in respect of different days during the specified relaxation period;

(4) Before making an order under this section, the Secretary of State must consult such persons as he considers appropriate.

(5) In this section—

“opening hours” means—in relation to a premises licence, the times during which the premises may be used for licensable activities in accordance with the licence, andin relation to a club premises certificate, the times during which the premises may be used for qualifying club activities in accordance with the certificate;

“relaxation period” means—if the celebration period does not exceed four days, that period, orany part of that period not exceeding four days; and

“specified”, in relation to a licensing hours order, means specified in the order.

Exemptions etc.

Activities in certain locations not licensable

173

(1) An activity is not a licensable activity if it is carried on—

(a) aboard an aircraft, hovercraft or railway vehicle engaged on a journey,

(b) aboard a vessel engaged on an international journey,

(d) at an examination station at a designated airport,

(e) at a royal palace,

(f) at premises which, at the time when the activity is carried on, are permanently or temporarily occupied for the purposes of the armed forces of the Crown,

(g) at premises in respect of which a certificate issued under section 174 (exemption for national security) has effect, or

(h) at such other place as may be prescribed.

(2) For the purposes of subsection (1) the period during which an aircraft, hovercraft, railway vehicle or vessel is engaged on a journey includes—

(a) any period ending with its departure when preparations are being made for the journey, and

(b) any period after its arrival at its destination when it continues to be occupied by those (or any of those) who made the journey (or any part of it).

(3) The Secretary of State may by order designate a port, hoverport or airport for the purposes of subsection (1), if it appears to him to be one at which there is a substantial amount of international passenger traffic.

(4) Any port, airport or hoverport where section 86A or 87 of the Licensing Act 1964 (c. 26) is in operation immediately before the commencement of this section is, on and after that commencement, to be treated for the purposes of subsection (1) as if it were designated.

(5) But provision may by order be made for subsection (4) to cease to have effect in relation to any port, airport or hoverport.

(6) For the purposes of this section—

“approved wharf” has the meaning given by section 20A of the Customs and Excise Management Act 1979 (c. 2);

“designated” means designated by an order under subsection (3);

“examination station” has the meaning given by section 22A of that Act;

“international journey” means—a journey from a place in the United Kingdom to an immediate destination outside the United Kingdom, ora journey from a place outside the United Kingdom to an immediate destination in the United Kingdom; and

“railway vehicle” has the meaning given by section 83 of the Railways Act 1993 (c. 43).

Certifying of premises on grounds of national security

174

(1) A Minister of the Crown may issue a certificate under this section in respect of any premises, if he considers that it is appropriate to do so for the purposes of safeguarding national security.

(2) A certificate under this section may identify the premises in question by means of a general description.

(3) A document purporting to be a certificate under this section is to be received in evidence and treated as being a certificate under this section unless the contrary is proved.

(4) A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate given by a Minister of the Crown under this section is evidence of that certificate.

(5) A Minister of the Crown may cancel a certificate issued by him, or any other Minister of the Crown, under this section.

(6) The powers conferred by this section on a Minister of the Crown may be exercised only by a Minister who is a member of the Cabinet or by the Attorney General.

(7) In this section “Minister of the Crown” has the meaning given by the Ministers of the Crown Act 1975 (c. 26).

Exemption for raffle, tombola, etc.

175

(1) The promotion of a lottery to which this section applies shall not constitute a licensable activity by reason only of one or more of the prizes in the lottery consisting of or including alcohol, provided that the alcohol is in a sealed container.

(2) This section applies to an incidental ... lottery (within the meaning of Part 1 of Schedule 11 to the Gambling Act 2005).

Service areas and garages etc.

Prohibition of alcohol sales at service areas, garages etc.

176

(1) No premises licence, club premises certificate or temporary event notice has effect to authorise the sale by retail or supply of alcohol on or from excluded premises.

(2) In this section “excluded premises” means—

(a) premises situated on land acquired or appropriated by a special road authority, and for the time being used, for the provision of facilities to be used in connection with the use of a special road provided for the use of traffic of class I (with or without other classes); or

(b) premises used primarily as a garage or which form part of premises which are primarily so used.

(3) The Secretary of State may by order amend the definition of excluded premises in subsection (2) so as to include or exclude premises of such description as may be specified in the order.

(4) For the purposes of this section—

(a) “special road” and “special road authority” have the same meaning as in the Highways Act 1980 (c. 66), except that “special road” includes a trunk road to which (by virtue of paragraph 3 of Schedule 23 to that Act) the provisions of that Act apply as if the road were a special road,

(b) “class I” means class I in Schedule 4 to the Highways Act 1980 as varied from time to time by an order under section 17 of that Act, but if that Schedule is amended by such an order so as to add to it a further class of traffic, the order may adapt the reference in subsection (2)(a) to traffic of class I so as to take account of the additional class, and

(i) the retailing of petrol,

(ii) the retailing of derv,

(iii) the sale of motor vehicles,

(iv) the maintenance of motor vehicles.

Small premises

Dancing and live music in certain small premises

177

(1) Subsection (2) applies where—

(a) a premises licence authorises—

(i) the supply of alcohol for consumption on the premises, and

(ii) dancing, and

(b) the premises—

(i) are used primarily for the supply of alcohol for consumption on the premises, and

(ii) have a permitted capacity of not more than 200 persons.

(2) At any time when—

(a) the premises—

(i) are open for the purposes of being used for the supply of alcohol for consumption on the premises, and

(ii) are being used for dancing, ...

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

any licensing authority imposed condition of the premises licence which relates to dancing does not have effect ... unless it falls within subsection (5) or (6).

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

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

(5) A condition falls within this subsection if the premises licence specifies that the licensing authority which granted the licence considers the imposition of the condition appropriate on one or both of the following grounds—

(a) the prevention of crime and disorder,

(b) public safety.

(6) A condition falls within this subsection if, on a review of the premises licence—

(a) it is altered so as to include a statement that this section does not apply to it, or

(b) it is added to the licence and includes such a statement.

(7) This section applies in relation to a club premises certificate as it applies in relation to a premises licence except that, in the application of this section in relation to such a certificate, the definition of “licensing authority imposed condition” in subsection (8) has effect as if for “section 18(3)(b)” to the end there were substituted “section 72(3)(b) (but is not referred to in section 72(2)) or which is imposed by virtue of section 85(3)(b) or 88(3)”.

(8) In this section—

“licensing authority imposed condition” means a condition which is imposed by virtue of section 18(3)(b) (but is not referred to in section 18(2)(a)) or which is imposed by virtue of 35(3)(b), 52(3) or 167(5)(b) or in accordance with section 21;

“dancing” means—entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1) ... (g) of Schedule 1, ......

“permitted capacity”, in relation to any premises, means—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . the limit on the number of persons who may be on the premises at any one time in accordance with a recommendation made by, or on behalf of, the fire and rescue authority for the area in which the premises are situated (or, if the premises are situated in the area of more than one fire and rescue authority, those authorities); 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.

Rights of freeholders etc.

Right of freeholder etc. to be notified of licensing matters

178

(1) This section applies where—

(a) a person with a property interest in any premises situated in the area of a licensing authority gives notice of his interest to that authority, and

(b) the notice is in the prescribed form and accompanied by the prescribed fee.

(2) The notice has effect for a period of 12 months beginning with the day it is received by the licensing authority.

(3) If a change relating to the premises to which the notice relates is made to the register at a time when the notice has effect, the licensing authority must forthwith notify the person who gave the notice—

(a) of the application, notice or other matter to which the change relates, and

(b) of his right under section 8 to request a copy of the information contained in any entry in the register.

(4) For the purposes of this section a person has a property interest in premises if—

(a) he has a legal interest in the premises as freeholder or leaseholder,

(b) he is a legal mortgagee (within the meaning of the Law of Property Act 1925 (c. 20)) in respect of the premises,

(d) he has a prescribed interest in the premises.

(5) In this section—

(a) a reference to premises situated in the area of a licensing authority includes a reference to premises partly so situated, and

(b) “register” means the register kept under section 8 by the licensing authority mentioned in subsection (1)(a).

Rights of entry

Rights of entry to investigate licensable activities

179

(1) Where a constable or an authorised person has reason to believe that any premises are being, or are about to be, used for a licensable activity, he may enter the premises with a view to seeing whether the activity is being, or is to be, carried on under and in accordance with an authorisation.

(1A) Where an immigration officer has reason to believe that any premises are being used for a licensable activity within section 1(1)(a) or (d), the officer may enter the premises with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the activity.

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

(3) A person exercising a power conferred by this section may, if necessary, use reasonable force.

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

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

(6) In this section—

“authorisation” means—a premises licence,a club premises certificate, ora temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied; ...

“authorised person” means an authorised person within the meaning of Part 3 or 4 or an authorised officer within the meaning of section 108(5).

“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

(7) Nothing in this section applies in relation to premises in respect of which there is a club premises certificate but no other authorisation.

Right of entry to investigate offences

180

(1) A constable may enter and search any premises in respect of which he has reason to believe that an offence under this Act has been, is being or is about to be committed.

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

Appeals

Appeals against decisions of licensing authorities

181

(1) Schedule 5 (which makes provision for appeals against decisions of licensing authorities) has effect.

(2) On an appeal in accordance with that Schedule against a decision of a licensing authority, a magistrates' court may—

(a) dismiss the appeal,

(b) substitute for the decision appealed against any other decision which could have been made by the licensing authority, or

and may make such order as to costs as it thinks fit.

Guidance, hearings etc.

Guidance

182

(1) The Secretary of State must issue guidance (“the licensing guidance”) to licensing authorities on the discharge of their functions under this Act.

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

(3) The Secretary of State may, from time to time, revise the licensing guidance.

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

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

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

(7) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as he considers appropriate.

Hearings

183

(1) Regulations may prescribe the procedure to be followed in relation to a hearing held by a licensing authority under this Act and, in particular, may—

(a) require a licensing authority to give notice of hearings to such persons as may be prescribed;

(b) make provision for expedited procedures in urgent cases;

(d) make provision about the legal representation at hearings of the parties to it;

(e) prescribe the period within which an application, in relation to which a hearing has been held, must be determined or any other step in the procedure must be taken.

(2) But a licensing authority may not make any order as to the costs incurred by a party in connection with a hearing under this Act.

Giving of notices, etc.

184

(1) This section has effect in relation to any document required or authorised by or under this Act to be given to any person (“relevant document”).

(2) Where that person is a licensing authority, the relevant document must be given by addressing it to the authority and leaving it at or sending it by post to—

(a) the principal office of the authority, or

(b) any other office of the authority specified by it as one at which it will accept documents of the same description as that document.

(3) In any other case the relevant document may be given to the person in question by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(4) A relevant document may—

(a) in the case of a body corporate (other than a licensing authority), be given to the secretary or clerk of that body;

(b) in the case of a partnership, be given to a partner or a person having the control or management of the partnership business;

(5) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of any person to whom a relevant document is to be given is his last known address, except that—

(a) in the case of a body corporate or its secretary or clerk, it is the address of the registered office of that body or its principal office in the United Kingdom,

(b) in the case of a partnership, a partner or a person having control or management of the partnership business, it is that of the principal office of the partnership in the United Kingdom, and

(c) in the case of an unincorporated association (other than a partnership) or any officer of the association, it is that of its principal office in the United Kingdom.

(6) But if a relevant document is given to a person in his capacity as the holder of a premises licence, club premises certificate or personal licence, or as the designated premises supervisor under a premises licence, his relevant registered address is also to be treated, for the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30), as his proper address.

(7) In subsection (6) “relevant registered address”, in relation to such a person, means the address given for that person in the record for the licence or certificate (as the case may be) which is contained in the register kept under section 8 by the licensing authority which granted the licence or certificate.

(8) The following provisions of the Local Government Act 1972 (c. 70)do not apply in relation to the service of a relevant document—

(a) section 231 (service of notices on local authorities etc.),

(b) section 233 (service of notices by local authorities).

Provision of information

185

(1) This section applies to information which is held by or on behalf of a licensing authority or a responsible authority (including information obtained by or on behalf of the authority before the coming into force of this section).

(2) Information to which this section applies may be supplied—

(a) to a licensing authority, or

(b) to a responsible authority,

for the purposes of facilitating the exercise of the authority’s functions under this Act.

(3) Information obtained by virtue of this section must not be further disclosed except to a licensing authority or responsible authority for the purposes mentioned in subsection (2).

(4) In this section “responsible authority” means a responsible authority within the meaning of Part 3 or 4.

General provisions about offences

Proceedings for offences

186

(1) In this section “offence” means an offence under this Act.

(2) Proceedings for an offence may be instituted—

(a) except in the case of an offence under section 147A,by a licensing authority,

(b) by the Director of Public Prosecutions, or

(c) in the case of an offence under section 146 , 147 or 147A(sale of alcohol to children), by a local weights and measures authority (within the meaning of section 69 of the Weights and Measures Act 1985 (c. 72)).

(3) In relation to any offence, section 127(1) of the Magistrates' Courts Act 1980 (information to be laid within six months of offence) is to have effect as if for the reference to six months there were substituted a reference to 12 months.

Offences by bodies corporate etc.

187

(1) If an offence committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

(3) In subsection (1) “officer”, in relation to a body corporate, means—

(a) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, or

(b) an individual who is a controller of the body.

(4) If an offence committed by a partnership is shown—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In subsection (4) “partner” includes a person purporting to act as a partner.

(6) If an offence committed by an unincorporated association (other than a partnership) is shown—

(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b) to be attributable to any neglect on the part of such an officer or member,

that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) Regulations may provide for the application of any provision of this section, with such modifications as the Secretary of State considers appropriate, to a body corporate or unincorporated association formed or recognised under the law of a territory outside the United Kingdom.

(8) In this section “offence” means an offence under this Act.

Jurisdiction and procedure in respect of offences

188

(1) A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.

(2) Proceedings for an offence alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

(3) Rules of court relating to the service of documents are to have effect as if the association were a body corporate.

(4) In proceedings for an offence brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate.

(5) Proceedings for an offence may be taken—

(a) against a body corporate or unincorporated association at any place at which it has a place of business;

(b) against an individual at any place where he is for the time being.

(6) Subsection (5) does not affect any jurisdiction exercisable apart from this section.

(7) In this section “offence” means an offence under this Act.

Vessels, vehicles and moveable structures

189

(1) This Act applies in relation to a vessel which is not permanently moored or berthed as if it were premises situated in the place where it is usually moored or berthed.

(2) Where a vehicle which is not permanently situated in the same place is, or is proposed to be, used for one or more licensable activities while parked at a particular place, the vehicle is to be treated for the purposes of this Act as if it were premises situated at that place.

(3) Where a moveable structure which is not permanently situated in the same place is, or is proposed to be, used for one or more licensable activities while set in a particular place, the structure is to be treated for the purposes of this Act as if it were premises situated at that place.

(4) Where subsection (2) applies in relation to the same vehicle, or subsection (3) applies in relation to the same structure, in respect of more than one place, the premises which by virtue of that subsection are situated at each such place are to be treated as separate premises.

(5) Sections 29 to 31 (which make provision in respect of provisional statements relating to premises licences) do not apply in relation to a vessel, vehicle or structure to which this section applies.

Interpretation

Location of sales

190

(1) This section applies where the place where a contract for the sale of alcohol is made is different from the place where the alcohol is appropriated to the contract.

(2) For the purposes of this Act the sale of alcohol is to be treated as taking place where the alcohol is appropriated to the contract.

Meaning of “alcohol”

191

(1) In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor (in any state), but does not include—

(a) alcohol which is of a strength not exceeding 0.5% at the time of the sale or supply in question,

(b) perfume,

(c) flavouring essences recognised by the Commissioners of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor,

(d) the aromatic flavouring essence commonly known as Angostura bitters,

(e) alcohol which is, or is included in, a medicinal product or a veterinary medicinal product,

(f) denatured alcohol,

(g) methyl alcohol,

(h) naphtha, or

(i) alcohol contained in liqueur confectionery.

(2) In this section—

“denatured alcohol” has the same meaning as in section 5 of the Finance Act 1995 (c. 4);

“dutiable alcoholic liquor” has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);

“liqueur confectionery” means confectionery which—contains alcohol in a proportion not greater than 0.2 litres of alcohol (of a strength not exceeding 57%) per kilogram of the confectionery, andeither consists of separate pieces weighing not more than 42g or is designed to be broken into such pieces for the purpose of consumption;

“medicinal product” has the same meaning as in section 130 of the Medicines Act 1968 (c. 67); and

“strength” is to be construed in accordance with section 2 of the Alcoholic Liquor Duties Act 1979.

“veterinary medicinal product” has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2006

Meaning of “sale by retail”

192

(1) For the purposes of this Act “sale by retail”, in relation to any alcohol, means a sale of alcohol to any person, other than a sale of alcohol that—

(a) is within subsection (2),

(b) is made from premises owned by the person making the sale, or occupied by him under a lease to which the provisions of Part 2 of the Landlord and Tenant Act 1954 (c. 56) (security of tenure) apply, and

(2) A sale of alcohol is within this subsection if it is—

(a) to a trader for the purposes of his trade,

(b) to a club, which holds a club premises certificate, for the purposes of that club,

(d) to the holder of a premises licence for the purpose of making sales authorised by that licence, or

(e) to the premises user in relation to a temporary event notice for the purpose of making sales authorised by that notice.

Other definitions

193

(1) In this Act—

“beer” has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);

“cider” has the same meaning as in that Act;

“community premises” means premises that are or form part of—a church hall, chapel hall or other similar building, ora village hall, parish hall, community hall or other similar building;

“crime prevention objective” means the licensing objective mentioned in section 4(2)(a) (prevention of crime and disorder);

“licensed premises” means premises in respect of which a premises licence has effect;

“licensing functions” is to be construed in accordance with section 4(1);

“management committee”, in relation to any community premises, means a committee or board of individuals with responsibility for the management of the premises;

“order”, except so far as the contrary intention appears, means an order made by the Secretary of State;

“premises” means any place and includes a vehicle, vessel or moveable structure;

“prescribed” means prescribed by regulations;

“recognised club” means a club which satisfies conditions 1 to 3 of the general conditions in section 62;

“regulations” means regulations made by the Secretary of State;

“relevant electronic facility” means—the electronic assistance facility referred to in regulation 38 of the Provision of Services Regulations 2009, orany facility established and maintained by a licensing authority for the purpose of receiving applications, notices or representations electronically;

“vehicle” means a vehicle intended or adapted for use on roads;

“vessel” includes a ship, boat, raft or other apparatus constructed or adapted for floating on water;

“wine” means—“wine” within the meaning of the Alcoholic Liquor Duties Act 1979, and“made-wine” within the meaning of that Act;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in England and Wales.

For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971.

(2) For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971.

Index of defined expressions

194

In this Act the following expressions are defined or otherwise explained by the provisions indicated—

Supplementary and general

Crown application

195

(1) This Act binds the Crown and has effect in relation to land in which there is—

(a) an interest belonging to Her Majesty in right of the Crown,

(b) an interest belonging to a government department, or

(2) This Act also applies to—

(a) land which is vested in, but not occupied by, Her Majesty in right of the Duchy of Lancaster, and

(b) land which is vested in, but not occupied by, the possessor for the time being of the Duchy of Cornwall.

(3) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4) Provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

(5) But nothing in this Act affects Her Majesty in Her private capacity.

Removal of privileges and exemptions

196

No privilege or exemption mentioned in section 199(a) or (b) of the Licensing Act 1964 (c. 26) (University of Cambridge and the Vintners of the City of London) operates to exempt any person from the requirements of this Act.

Regulations and orders

197

(1) Any power of the Secretary of State to make regulations or an order under this Act is exercisable by statutory instrument.

(2) Regulations or an order under this Act—

(a) may include incidental, supplementary, consequential or transitional provision or savings;

(b) may make provision generally or only in relation to specified cases;

(3) A statutory instrument containing regulations or an order under this Act, other than one containing—

(a) an order under section 5(2) (order appointing start of first period for which statement of licensing policy to be prepared),

(aa) an order under section 19A or 73B (orders in relation to mandatory licensing conditions),

(b) an order under section 100(8)(alteration of maximum temporary event period),

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