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

(1) Section 1 (inclusion in an entertainment licence of conditions in relation to demonstrations of hypnotism) is amended as follows.

(2) In subsection (1)—

(a) after “any area” insert “in Scotland”, and

(b) for “places kept or ordinarily used for public dancing, singing, music or other public entertainment of the like kind” substitute “theatres or other places of public amusement or public entertainment”.

(3) Omit subsection (2).

27

In section 2 (requirement for authorisation for demonstration of hypnotism)—

(a) in subsection (1), for the words from “in relation” to the end substitute

, unless— (a) the controlling authority have authorised that exhibition, demonstration or performance under this section, or (b) the place is in Scotland and a licence mentioned in section 1 of this Act is in force in relation to it.

(b) in subsection (1A) for the words from “either at premises” to the end substitute “at premises in Scotland in respect of which a licence under that Act is in force”,

(3A) A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.

, and

(d) for subsection (4) substitute—

(4) In this section— “controlling authority” means— (a) in relation to a place in England and Wales, the licensing authority in whose area the place, or the greater or greatest part of it, is situated, and (b) in relation to a place in Scotland, the authority having power to grant licences of the kind mentioned in section 1 in that area, and “licensing authority” has the meaning given by the Licensing Act 2003.

Obscene Publications Act 1959 (c. 66)

28

(1) Section 2 of the Obscene Publications Act 1959 (prohibition of publication of obscene matter) is amended as follows.

(2) In subsections (3A) and (4A), for “a film exhibition” in each place it occurs, substitute “an exhibition of a film”.

(3) For subsection (7) substitute—

(7) In this section, “exhibition of a film” has the meaning given in paragraph 15 of Schedule 1 to the Licensing Act 2003.

Betting, Gaming and Lotteries Act 1963 (c. 2)

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Children and Young Persons Act 1963 (c. 37)

32

For section 37(2)(b) of the Children and Young Persons Act 1963 (restriction on performance by child in licensed premises) substitute—

(b) any performance in premises— (i) which, by virtue of an authorisation (within the meaning of section 136 of the Licensing Act 2003), may be used for the supply of alcohol (within the meaning of section 14 of that Act), or (ii) which are licensed premises (within the meaning of the Licensing (Scotland) Act 1976) or in respect of which a club is registered under that Act;

Offices, Shops and Railway Premises Act 1963 (c. 41)

33

In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), omit the definition of “place of public entertainment”.

Greater London Council (General Powers) Act 1966 (c. xxviii)

34

The Greater London Council (General Powers) Act 1966 is amended as follows.

35

In section 21(1) (licensing of public exhibitions, etc.)—

(a) for “intoxicating liquor” substitute “alcohol (within the meaning of the Licensing Act 2003)”, and

(b) for “a film exhibition within the meaning of the Cinemas Act 1985” substitute “an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003)”.

36

In section 22 (application to old buildings of provisions for protection against fire in the London Building Acts (Amendment) Act 1939)—

(a) in subsection (1), for the words from “being in either case” to “for that purpose” substitute “which may lawfully be used for the provision of regulated entertainment (within the meaning of the Licensing Act 2003) only by virtue of an authorisation under that Act”, and

(b) in subsection (2), for the words from “where” to “that licence” substitute “where a building, or part of a building, is being used for the provision of regulated entertainment by virtue of a premises licence (under the Licensing Act 2003) granted by a borough council, the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple”.

Finance Act 1967 (c. 54)

37

In section 5 of the Finance Act 1967 (no requirement for excise licence)—

(a) in subsection (1), omit paragraph (c), and

(b) in subsection (3), omit “which is registered within the meaning of the Licensing Act 1964 or”.

Criminal Appeal Act 1968 (c. 19)

38

The Criminal Appeal Act 1968 is amended as follows.

39

In section 10 (appeal against sentence to Crown Court), at the end of subsection (3)(c) add—

(viii) an order under section 129 of the Licensing Act 2003 (forfeiture or suspension of personal licence); or

40

In section 31 (powers of Court of Appeal under Part 1 exercisable by single judge), after subsection (2B) insert—

(2C) The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge in the same manner as it may be exercised by the Court.

41

In section 44 (powers of Court of Appeal under Part 2 exercisable by single judge), after subsection (2) insert—

(3) The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.

42

In section 50 (meaning of “sentence”), at the end of subsection (1) insert

; and (i) an order under section 129(2) of the Licensing Act 2003 (forfeiture or suspension of personal licence).

Theatres Act 1968 (c. 54)

43

The Theatres Act 1968 is amended as follows.

44

The following provisions cease to have effect in England and Wales—

(a) section 1(2) (local authority may not impose conditions on nature of plays),

(b) sections 12 to 14 (licensing of premises for public performance of plays),

45

In section 15 (warrant to enter theatre where offence suspected)—

(a) in subsection (1)—

(i) paragraph (b) and the word “or” immediately preceding it, and

(ii) the words “or, in a case falling within paragraph (b) above, any police officer or authorised officer of the licensing authority”,

cease to have effect in England and Wales,

(b) subsections (2) to (5) cease to have effect in England and Wales, and

46

Section 17 (existing letters patent) ceases to have effect.

47

In section 18(1) (interpretation), in the definition of “licensing authority”, omit paragraphs (a), (b) and (bb).

Gaming Act 1968 (c. 65)

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City of London (Various Powers) Act 1968 (c. xxxvii)

53

For section 5(3) of the City of London (Various Powers) Act 1968 (entitlement of Corporation of London to apply for and hold licence to sell alcohol in arrangements for catering facilities) substitute—

(3) The Corporation of London or any person appointed by them in that behalf may, subject to section 16 of the Licensing Act 2003, for the purposes of this section apply for and hold a premises licence under that Act for the sale by retail of alcohol within the meaning of that Act.

Finance Act 1970 (c. 24)

54

In section 6(2)(b) of the Finance Act 1970 (Angostura bitters)—

(a) omit “, the Licensing Act 1964”, and

(b) for “either of those Acts” substitute “that Act”.

Sunday Theatre Act 1972 (c. 26)

55

The Sunday Theatre Act 1972 ceases to have effect.

Local Government Act 1972 (c. 70)

56

The Local Government Act 1972 is amended as follows.

57

In section 78(1)(supplementary provision relating to changes in local government areas), omit the definition of “public body”.

58

In section 101 (arrangements for discharge of functions by local authorities), after subsection (14) insert—

(15) Nothing in this section applies in relation to any function under the Licensing Act 2003 of a licensing authority (within the meaning of that Act).

59

In section 145(4) (provision of entertainment), for “intoxicating liquor” substitute “ alcohol ”.

60

Section 204 (licensed premises) ceases to have effect.

61

(1) Schedule 12 (meetings and proceedings of local authorities) is amended as follows.

(2) In the following provisions, for “premises licensed for the sale of intoxicating liquor” substitute “premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)”—

(a) paragraph 10(1) (location of parish council meetings),

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

(3) In the following provisions, for “premises licensed for the sale of intoxicating liquor” substitute “premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)”—

(a) paragraph 14(5) (location of parish meetings),

(b) paragraph 32(2) (location of community meetings).

Lotteries and Amusements Act 1976 (c. 32)

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Rent Act 1977 (c. 42)

67

In section 11 of the Rent Act 1977 (tenancy of licensed premises not to be protected or statutory tenancy), for “premises licensed for the sale of intoxicating liquors” substitute “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)”.

Greater London Council (General Powers) Act 1978 (c. xiii)

68

The Greater London Council (General Powers) Act 1978 is amended as follows.

69

Section 3 (human posing to be treated as entertainment) ceases to have effect.

70

In section 5(4)(a) (definition of “booking office”)—

(a) omit sub-paragraph (ii) and the word “or” immediately preceding it, and

(b) for “sub-paragraphs (i) and (ii)” substitute “sub-paragraph (i)”.

Alcoholic Liquor Duties Act 1979 (c. 4)

71

The Alcoholic Liquor Duties Act 1979 is amended as follows.

72

In section 4 (interpretation)—

(a) in the definition of “justices' licence” and “justices' on-licence”, omit paragraph (a), and

(b) in the definition of “registered club”, omit “which is for the time being registered within the meaning of the Licensing Act 1964 or”.

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Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

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Magistrates' Courts Act 1980 (c. 43)

75

In Part 3 of Schedule 6 to the Magistrates' Courts Act 1980 (matters to which provision relating to fees taken by clerks to justices does not apply), paragraphs 3 and 5 are omitted.

Local Government, Planning and Land Act 1980 (c. 65)

76

The Local Government, Planning and Land Act 1980 is amended as follows.

77

Sections 131 and 132 (licensing in new towns) cease to have effect.

78

In section 133 (miscellaneous provision about new towns), in subsection (1), omit the following definitions—

(a) “development corporation”,

(b) “the 1964 Act”.

79

In section 146 (disposal of land by urban development corporation)—

(a) in subsection (3), for “intoxicating liquor” substitute “alcohol”, and

(b) in subsection (6), for “ “intoxicating liquor” has the meaning assigned by section 201 of the Licensing Act 1964” substitute “ “alcohol” has the meaning given by section 191 of the Licensing Act 2003”.

Indecent Displays (Control) Act 1981 (c. 42)

80

In section 1(4) of the Indecent Displays (Control) Act 1981 (exemptions from offence of displaying indecent matter)—

(a) for paragraph (d) substitute—

(d) included in a performance of a play (within the meaning of paragraph 14(1) of Schedule 1 to the Licensing Act 2003) in England and Wales or of a play (within the meaning of the Theatres Act 1968) in Scotland;

, and

(b) in paragraph (e) for “included in a film exhibition as defined in the Cinemas Act 1985” substitute “included in an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003, in England and Wales, or a film exhibition, as defined in the Cinemas Act 1985, in Scotland”.

New Towns Act 1981 (c. 64)

81

In section 18 of the New Towns Act 1981 (disposal by development corporation of land to occupiers of it before acquisition by corporation), in subsection (3) for the words “intoxicating liquor (“intoxicating liquor” having the meaning given in section 201(1) of the Licensing Act 1964)” substitute “alcohol (within the meaning of section 191 of the Licensing Act 2003)”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

82

The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

83

The following provisions cease to have effect—

(a) section 1 (licensing of public entertainment outside Greater London),

(b) sections 4 to 6 (controls on take-away food shops),

84

In section 10(11) (requirement that apparatus to be installed should be provided with cut-off switch disapplied in relation to cinemas) for the words “premises in respect of which a licence under section 1 of the Cinemas Act 1985 is for the time being in force” substitute “premises in respect of which a premises licence under the Licensing Act 2003 has effect authorising the use of the premises for an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to that Act”.

85

(1) Schedule 3 (control of sex establishments) is amended as follows.

(2) In paragraph 3(2) (premises not to be treated as a sex cinema merely because the exhibition of a film there must be authorised by a licence, etc.)—

(a) for paragraph (a) substitute—

(a) if they may be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003) by virtue of an authorisation (within the meaning of section 136 of that Act), of their use in accordance with that authorisation

, and

(b) in paragraph (b), for “that Act” substitute “the Cinemas Act 1985”.

(3) In paragraph 3A (exemption for theatres and cinemas from provisions about sex encounter establishments) for paragraphs (i) and (ii) of the proviso substitute—

(i) for the time being, being used for the provision of regulated entertainment (within the meaning of the Licensing Act 2003), in circumstances where that use is authorised under that Act; or (ii) for the time being, being used for the purposes of late night refreshment (within the meaning of that Act), in circumstances where that use is so authorised; or

Representation of the People Act 1983 (c. 2)

86

The Representation of the People Act 1983 is amended as follows.

87

In section 185 (interpretation of Part relating to legal proceedings), for the definition of “Licensing Acts” substitute—

“Licensing Acts” means the Licensing (Scotland) Act 1976 and the Licensing (Northern Ireland) Order 1996 (as that Act or Order may from time to time have effect);

88

In Schedule 7 (transitional and saving provision), omit paragraph 4.

Video Recordings Act 1984 (c. 39)

89

In section 3(7) of the Video Recordings Act 1984 (exempted supply of video recording)—

(a) before paragraph (a) insert—

(za) premises in England and Wales which, by virtue of an authorisation within the meaning of section 136 of the Licensing Act 2003, may be used for the exhibition of a film within the meaning of paragraph 15 of Schedule 1 to that Act,

, and

(b) in paragraphs (a) and (c) after “premises”, and in paragraph (b) after the first “premises”, insert “in Scotland”.

Building Act 1984 (c. 55)

90

The Building Act 1984 is amended as follows.

91

In section 24(4) (provision of exits in buildings) for paragraph (c) substitute—

(c) premises in respect of which a club premises certificate has effect under the Licensing Act 2003,

92

In section 74(2) (exemption for certain premises from requirement for local authority’s consent for cellars and rooms below subsoil water level), omit paragraph (a) and the word “or” immediately following it.

Police and Criminal Evidence Act 1984 (c. 60)

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Greater London Council (General Powers) Act 1984 (c. xxvii)

94

In section 15(1) of the Greater London Council (General Powers) Act 1984 (exceptions to power of Council to refuse to register sleeping accommodation), at the end insert

; or (v) a building— (a) in respect of which there is in force immediately before the appointed day a premises licence under the Licensing Act 2003 authorising the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises, and (b) the use of which for a specified purpose would not contravene the Town and Country Planning Act 1990.

Cinemas Act 1985 (c. 13)

95

The Cinemas Act 1985 ceases to have effect in England and Wales.

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

96

The Sporting Events (Control of Alcohol etc.) Act 1985 is amended as follows.

97

In the following provisions, for “intoxicating liquor” substitute “alcohol”—

(a) section 1(2) and (3) (alcohol on coaches and trains),

(b) section 1A(2) and (3) (alcohol on certain other vehicles),

98

Omit section 2(1A) (application to private rooms of offence of having alcohol at designated sporting event).

99

The following provisions cease to have effect—

(a) sections 3 and 4 (order about licensing hours in sports grounds),

(b) section 5 (appeal against such an order),

(d) section 5B (occasional licences at sports grounds),

(e) section 5C (supply of alcohol by clubs at sports grounds),

(f) section 5D (non-retail sales of alcohol during sporting event),

(g) section 6 (closure of bar during sporting event),

(h) the Schedule (procedure for obtaining order about licensing hours in sports grounds).

100

In section 8 (offences)—

(a) in paragraph (b), for “, 2A(1), 3(10), 5B(2), 5C(3), 5D(2) or 6(2)” substitute “or 2A(1)”, and

(b) omit paragraphs (d) and (e).

101

In section 9 (interpretation)—

(a) omit subsection (5), and

(b) for subsection (7) substitute—

(7) An expression used in this Act and in the Licensing Act 2003 has the same meaning in this Act as in that Act.

Housing Act 1985 (c. 68)

102

The Housing Act 1985 is amended as follows.

103

In section 11 (provision of board facilities by local housing authority)—

(a) for subsection (3) substitute—

(3) Where a premises licence under Part 3 of the Licensing Act 2003 authorises the sale by retail of alcohol in connection with the provision of facilities of the kind mentioned in subsection (1)(a), then, notwithstanding the terms of that licence, it does not have effect so as to authorise the sale by retail of alcohol for consumption otherwise than with a meal.

(b) in subsection (4) after “the sale of intoxicating liquor” insert “or the sale by retail of alcohol”, and

(5) An expression used in this section and in the Licensing Act 2003 has the same meaning in this section as in that Act.

104

In Schedule 1 (tenancies which are not secure tenancies), in paragraph 9, for “premises licensed for the sale of intoxicating liquor” substitute “ premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)” ”.

Sex Discrimination Act 1986 (c. 59)

105

Section 5 of the Sex Discrimination Act 1986 (discrimination required by public entertainment licence) ceases to have effect.

Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

106

After section 33(2) of the Fire Safety and Safety of Places of Sport Act 1987 (requirements of safety certificate to take precedence over conflicting conditions imposed in licence, etc.) insert—

(2A) For the purposes of subsection (2)— (a) “the licensing of premises” includes the granting of a premises licence or club premises certificate under the Licensing Act 2003, and (b) “licence” is to be construed accordingly.

Norfolk and Suffolk Broads Act 1988 (c. 4)

107

In paragraph 40(1) of Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (provision of facilities by Broads Authority), in paragraph (b) for “intoxicating liquor” substitute “alcohol (within the meaning of the Licensing Act 2003)”.

Housing Act 1988 (c. 50)

108

In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 5, for “premises licensed for the sale of intoxicating liquors” substitute “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)”.

Town and Country Planning Act 1990 (c. 8)

109

Section 334 of the Town and Country Planning Act 1990 (licensing planning areas) ceases to have effect.

Sunday Trading Act 1994 (c. 20)

110

(1) Schedule 1 to the Sunday Trading Act 1994 (restrictions on Sunday opening of large shops) is amended as follows.

(2) In paragraph 1—

(a) for the definition of “intoxicating liquor” substitute—

“alcohol” has the same meaning as in the Licensing Act 2003,

, and

(b) in paragraph (a) of the definition of “sale of goods”, for “intoxicating liquor” substitute “alcohol”.

(3) In paragraph 3(1)(b) for “intoxicating liquor” substitute “alcohol”.

Criminal Justice and Public Order Act 1994 (c. 33)

111

In section 63 of the Criminal Justice and Public Order Act 1994 (power to remove persons attending raves, etc.), for subsection (9)(a) substitute—

(a) in England and Wales, to a gathering in relation to a licensable activity within section 1(1)(c) of the Licensing Act 2003 (provision of certain forms of entertainment) carried on under and in accordance with an authorisation within the meaning of section 136 of that Act;

Deregulation and Contracting Out Act 1994 (c. 40)

112

Section 21 of the Deregulation and Contracting Out Act 1994 (Sunday Observance Act 1780 not to apply to sporting events) ceases to have effect.

London Local Authorities Act 1995 (c. x)

113

In section 14 of the London Local Authorities Act 1995 (interpretation of Part relating to near beer premises), in the definition of “near beer premises”—

(a) for “intoxicating liquor is provided exemption or saving from the provisions of the Act of 1964 by virtue of section 199 of that Act” substitute “alcohol is not a licensable activity under or by virtue of section 173 of the Licensing Act 2003”,

(b) for paragraph (A) substitute—

(A) a premises licence under Part 3 of that Act which authorises the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises;

(i) omit “Schedule 12 to the London Government Act 1963,” and “or the Private Places of Entertainment (Licensing) Act 1967”, and

(ii) at the end insert “or a premises licence granted under Part 3 of the Licensing Act 2003 which authorises the provision of any form of regulated entertainment (within the meaning of Schedule 1 to that Act)”,

(d) omit paragraphs (C) to (E),

(e) for paragraphs (F) and (G) substitute—

(F) a temporary event notice under the Licensing Act 2003, by virtue of which the premises may be used for the supply of alcohol (within the meaning of section 14 of that Act);

(f) for the words from “during the hours” to “licence:” substitute “during the hours permitted by such licence or notice:”, and

(g) for “such licence; and” substitute “such licence or notice; and”.

Employment Rights Act 1996 (c. 18)

114

In section 232(7) of the Employment Rights Act 1996 (definition of “catering business”)—

(a) in paragraph (a) for “intoxicating liquor” substitute “ alcohol ”, and

(b) for “ “intoxicating liquor” has the same meaning as in the Licensing Act 1964” substitute “ “alcohol” has the same meaning as in the Licensing Act 2003 ”.

Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

115

(1) Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of alcohol) is amended as follows.

(2) In subsection (1)—

(a) for “intoxicating liquor”, in each place it occurs, substitute “alcohol”,

(b) in paragraph (b) for “liquor” substitute “alcohol”, and

(3) For subsection (7) substitute—

(7) In this section— “alcohol”— (a) in relation to England and Wales, has the same meaning as in the Licensing Act 2003; (b) in relation to Northern Ireland, has the same meaning as “intoxicating liquor” in the Licensing (Northern Ireland) Order 1996; and “licensed premises”— (a) in relation to England and Wales, means premises which may by virtue of Part 3 or Part 5 of the Licensing Act 2003 (premises licence; permitted temporary activity) be used for the supply of alcohol within the meaning of section 14 of that Act; (b) in relation to Northern Ireland, has the same meaning as in the Licensing (Northern Ireland) Order 1996.

Police Act 1997 (c. 50)

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London Local Authorities Act 2000 (c. vii)

117

In section 32 of the London Local Authorities Act 2000 (interpretation of provisions about the licensing of buskers), in the definition of “busking”, for paragraph (b) substitute—

(b) under and in accordance with a premises licence under Part 3 of the Licensing Act 2003, or a temporary event notice having effect under Part 5 of that Act, which authorises the provision of regulated entertainment (within paragraph 2(1)(e) to (h) or 3(2) of Schedule 1 to that Act (music and dancing));

Private Security Industry Act 2001 (c. 12)

118

(1) Paragraph 8 of Schedule 2 to the Private Security Industry Act 2001 (door supervisors etc. for licensed premises) is amended as follows.

(2) In sub-paragraph (2), for paragraphs (a) to (d) substitute—

(a) any premises in respect of which a premises licence or temporary event notice has effect under the Licensing Act 2003 to authorise the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises; (b) any premises in respect of which a premises licence or temporary event notice has effect under that Act to authorise the provision of regulated entertainment;

(3) For sub-paragraph (3) substitute—

(3) For the purposes of this paragraph, premises are not licensed premises— (a) if there is in force in respect of the premises a premises licence which authorises regulated entertainment within paragraph 2(1)(a) or (b) of Schedule 1 to the Licensing Act 2003 (plays and films); (b) in relation to any occasion on which the premises are being used— (i) exclusively for the purposes of a club which holds a club premises certificate in respect of the premises, or (ii) for regulated entertainment of the kind mentioned in paragraph (a), in circumstances where that use is a permitted temporary activity by virtue of Part 5 of that Act; (c) in relation to any occasion on which a licence is in force in respect of the premises under the Gaming Act 1968 (c. 65) and the premises are being used wholly or mainly for the purposes of gaming to which Part 2 of that Act applies; or (d) in relation to any such other occasion as may be prescribed for the purposes of this sub-paragraph.

(4) After sub-paragraph (5) insert—

(6) Sub-paragraphs (2)(a) and (b) and (3)(a) and (b) are to be construed in accordance with the Licensing Act 2003.

Criminal Justice and Police Act 2001 (c. 16)

119

The Criminal Justice and Police Act 2001 is amended as follows.

120

In section 1(1) (offences leading to penalties on the spot), at the end of the Table insert—

Section 149(4) of the Licensing Act 2003	Buying or attempting to buy alcohol for consumption on licensed premises, etc. by child

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126

In each of the following provisions, for “unlicensed sale of intoxicating liquor” substitute “ unauthorised sale of alcohol ”

(a) section 19(1) and (2) (service of closure notice by constable or local authority),

(b) section 20(3)(a) (no application for closure order where unauthorised sale of alcohol has ceased),

(d) section 27(6) (fixing notice on premises where personal service cannot be effected).

127

In section 28 (interpretation of provisions relating to closure of unlicensed premises)—

(a) before the definition of “closure notice” insert—

“alcohol” has the same meaning as in the Licensing Act 2003;

(b) omit the definition of “intoxicating liquor”, and

“unauthorised sale”, in relation to any alcohol, means any supply of the alcohol (within the meaning of section 14 of the Licensing Act 2003) which— (a) is a licensable activity within the meaning of that Act, but (b) is made otherwise than under and in accordance with an authorisation (within the meaning of section 136 of that Act).

128

In Schedule 1 (powers of seizure)—

(a) at the end of Part 1 insert—

(74) The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club).

, and

(b) at the end of Part 3 insert—

(110) The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club).

SCHEDULE 7

SCHEDULE 8

Part 1 — Premises licences

Introductory

1

(1) In this Part—

“canteen licence” has the same meaning as in section 148 of the 1964 Act (licences for seamen’s canteens);

“children’s certificate” has the same meaning as in section 168A of that Act;

“existing licence” means—a justices' licence,a canteen licence,a licence under Schedule 12 to the London Government Act 1963 (c. 33) (licensing of public entertainment in Greater London),a licence under the Private Places of Entertainment (Licensing) Act 1967 (c. 19),a licence under the Theatres Act 1968 (c. 54),a licence under the Late Night Refreshment Houses Act 1969 (c. 53),a licence under Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (licensing of public entertainments outside Greater London),a licence under section 1 of the Cinemas Act 1985 (c. 13), ora licence under Part 2 of the London Local Authorities Act 1990 (c.vii) (night cafe licensing);

“existing licensable activities”, under an existing licence, are—the licensable activities authorised by the licence, andany other licensable activities which may be carried on, at the premises in respect of which the licence has effect, by virtue of the existence of the licence (see sub-paragraph (2));

“first appointed day” means such day as may be specified as the first appointed day for the purposes of this Part;

“new licence” has the meaning given in paragraph 5(1);

“relevant existing licence”, in relation to an application under paragraph 2, means an existing licence to which the application relates;

“relevant licensing authority” has the same meaning as in Part 3 of this Act (premises licences);

“second appointed day” means such day as may be specified as the second appointed day for the purposes of this Part; and

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

(2) In determining, for the purposes of paragraph (b) of the definition of “existing licensable activities”, the other licensable activities which may be carried on by virtue of a licence—

(a) section 182 of the 1964 Act (relaxation of law relating to music and dancing licences) is to be disregarded so far as it relates to public entertainment by way of music and singing provided by not more than two performers, and

(b) in the case of an existing licence granted under the Theatres Act 1968 (c. 54), the reference in that paragraph to the licence is to be read as including a reference to any notice in force under section 199(c) of the 1964 Act (notice of intention to sell alcohol by retail at licensed theatre premises) in relation to that licence.

(3) In the application of section 12 (relevant licensing authority in Part 3 of this Act) for the purposes of this Part, the reference in subsection (4)(a) of that section to an applicant for a premises licence is to be read as a reference to an applicant under paragraph 2 for the grant of a licence under paragraph 4.

Application for conversion of existing licence

2

(1) This paragraph applies where, in respect of any premises, one or more existing licences have effect on the first appointed day.

(2) A person may, within the period of six months beginning with the first appointed day, apply to the relevant licensing authority for the grant of a licence under paragraph 4 to succeed one or more of those existing licences.

(3) But an application may be made under this paragraph in respect of an existing licence only if—

(a) it is held by the applicant, or

(b) the holder of the licence consents to the application being made.

(4) An application under this paragraph must specify—

(a) the existing licensable activities under the relevant existing licence or, if there is more than one, the relevant existing licences,

(b) if any relevant existing licence authorises the supply of alcohol, specified information about the person whom the applicant wishes to be the premises supervisor under the licence granted under paragraph 4, and

(5) The application must also be in the specified form and accompanied by—

(a) the relevant documents, and

(b) the specified fee.

(6) The relevant documents are—

(a) the relevant existing licence or, if there is more than one, each of them (or a certified copy of the licence or licences in question),

(b) a plan in the specified form of the premises to which the relevant existing licence or licences relate,

(c) if any relevant existing licence authorises the supply of alcohol, any children’s certificate in force in respect of the premises (or a certified copy of any such certificate),

(d) a form of consent in the specified form, given by the individual (if any) named in the application in accordance with sub-paragraph (4)(b),

(e) a form of consent in the specified form, given by any person who is required to consent to the application under sub-paragraph (3), and

(f) such other documents as may be specified.

(7) In this paragraph any reference to a certified copy of a document is a reference to a copy of that document certified to be a true copy—

(a) in the case of a justices' licence, children’s certificate or canteen licence, by the chief executive of the licensing justices for the licensing district in which the premises are situated,

(b) in any other case, by the chief executive of the local authority which issued the licence,

(d) by a person of a specified description.

(8) A document which purports to be a certified copy of an existing licence or children’s certificate is to be taken to be such a copy unless the contrary is shown.

Police consultation

3

(1) Where a person makes an application under paragraph 2, he must give a copy of the application (and any documents which accompanied it) to the chief officer of police for the police area (or each police area) in which the premises are situated no later than 48 hours after the application is made.

(2) Where—

(a) an appeal is pending against a decision to revoke, or to reject an application for the renewal of, the relevant existing licence or, if there is more than one such licence, a relevant existing licence, and

(b) a chief officer of police who has received a copy of the application under sub-paragraph (1) is satisfied that converting that existing licence in accordance with this Part would undermine the crime prevention objective,

he must give the relevant licensing authority and the applicant a notice to that effect.

(3) Where a chief officer of police who has received a copy of an application under sub-paragraph (1) is satisfied that, because of a material change in circumstances since the relevant time, converting the relevant existing licence or, if there is more than one such licence, a relevant existing licence in accordance with this Part would undermine the crime prevention objective, he must give the relevant licensing authority and the applicant a notice to that effect.

(4) For this purpose “relevant time” means the time when the relevant existing licence was granted or, if it has been renewed, the last time it was renewed.

(5) The chief officer of police may not give a notice under sub-paragraph (2) or (3) after the end of the period of 28 days beginning with the day on which he received a copy of the application under sub-paragraph (1).

Determination of application

4

(1) This paragraph applies where an application is made in accordance with paragraph 2 and the applicant complies with paragraph 3(1).

(2) Subject to sub-paragraphs (3) and (5), the relevant licensing authority must grant the application.

(3) Where a notice is given under paragraph 3(2) or (3) in respect of an existing licence (and not withdrawn), the authority must—

(a) hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and

(b) having regard to the notice—

(i) in a case where the application relates only to that licence, reject the application, and

(ii) in any other case, reject the application to the extent that it relates to that licence,

if it considers it necessary for the promotion of the crime prevention objective to do so.

(4) If the relevant licensing authority fails to determine the application within the period of two months beginning with the day on which it received it, then, subject to sub-paragraph (5), the application is to be treated as granted by the authority under this paragraph.

(5) An application must not be granted (and is not to be treated as granted under sub-paragraph (4))—

(a) if the relevant existing licence has or, if there is more than one, all the relevant existing licences have ceased to be held by the applicant before the relevant time, or

(b) where there is more than one relevant existing licence (but paragraph (a) does not apply), to the extent that the application relates to an existing licence which has ceased to be held by the applicant before the relevant time.

(6) For the purposes of sub-paragraph (5)—

(a) where, for the purposes of paragraph 2(3)(b) a person has consented to an application being made in respect of a relevant existing licence, sub-paragraph (5)(a) and (b) applies in relation to that licence as if the reference to the applicant were a reference to—

(i) that person, or

(ii) any other person to whom the existing licence has been transferred and who has given his consent for the purposes of this paragraph, and

(b) “the relevant time” is the time of the determination of the application or, in a case within sub-paragraph (4), the end of the period mentioned in that sub-paragraph.

(7) Section 10 applies as if the relevant licensing authority’s functions under sub-paragraph (3) were included in the list of functions in subsection (4) of that section (functions which cannot be delegated to an officer of the licensing authority).

Notification of determination and issue of new licence

5

(1) Where an application is granted (in whole or in part) under paragraph 4, the relevant licensing authority must forthwith—

(a) give the applicant a notice to that effect, and

(b) issue the applicant with—

(i) a licence in respect of the premises (a “new licence”) in accordance with paragraph 6, and

(ii) a summary of the new licence.

(2) Where an application is rejected (in whole or in part) under paragraph 4, the relevant licensing authority must forthwith give the applicant a notice to that effect stating the authority’s reasons for its decision to reject the application.

(3) The relevant licensing authority must give a copy of any notice it gives under sub-paragraph (1) or (2) to the chief officer of police for the police area (or each police area) in which the premises to which the notice relates are situated.

The new licence

6

(1) This paragraph applies where a new licence is granted under paragraph 4 in respect of one or more existing licences.

(2) Where an application under paragraph 2 is granted in part only, any relevant existing licence in respect of which the application was rejected is to be disregarded for the purposes of the following provisions of this paragraph.

(3) The new licence is to be treated as if it were a premises licence (see section 11), and sections 19, 20 and 21 (mandatory conditions for premises licences) apply in relation to it accordingly.

(4) The new licence takes effect on the second appointed day.

(5) The new licence must authorise the premises in question to be used for the existing licensable activities under the relevant existing licence or, if there is more than one relevant existing licence, the relevant existing licences.

(6) Subject to sections 19, 20 and 21 and the remaining provisions of this paragraph, the new licence must be granted subject to such conditions as reproduce the effect of—

(a) the conditions subject to which the relevant existing licence has effect at the time the application is granted, or

(b) if there is more than one relevant existing licence, all the conditions subject to which those licences have effect at that time.

(7) Where the new licence authorises the supply of alcohol, the new licence must designate the person named in the application under paragraph 2(4)(b) as the premises supervisor.

(8) The new licence must also be granted subject to conditions which reproduce the effect of any restriction imposed on the use of the premises for the existing licensable activities under the relevant existing licence or licences by any enactment specified for the purposes of this Part.

(9) In determining those restrictions, the relevant licensing authority must have regard to any children’s certificate which accompanied (or a certified copy of which accompanied) the application and which remains in force.

(10) Nothing in sub-paragraph (6) or (8) requires the new licence to be granted for a limited period.

(11) But, where the application under paragraph 2 includes a request for the new licence to have effect for a limited period, the new licence is to be granted subject to that condition.

Variation of new licence

7

(1) A person who makes an application under paragraph 2 may (notwithstanding that no licence has yet been granted in consequence of that application) at the same time apply—

(a) under section 37 for any licence so granted to be varied so as to specify the individual named in the application as the premises supervisor, or

(b) under section 34 for any other variation of any such licence,

and for the purposes of an application within paragraph (a) or (b) the applicant is to be treated as the holder of that licence.

(2) In relation to an application within sub-paragraph (1)(a) or (b), the relevant licensing authority may discharge its functions under section 35 or 39 only if, and when, the application under paragraph 2 has been granted.

(3) Where an application within sub-paragraph (1)(a) or (b) is not determined by the relevant licensing authority within the period of two months beginning with the day the application was received by the authority, it is to be treated as having been rejected by the authority under section 35 or 39 (as the case may be) at the end of that period.

Existing licence revoked after grant of new licence

8

(1) This paragraph applies where the relevant licensing authority grants a new licence under this Part in respect of one or more existing licences.

(2) If sub-paragraph (4) applies to the existing licence (or each of the existing licences) which the new licence succeeds, the new licence lapses.

(3) If—

(a) where the new licence relates to more than one relevant existing licence, sub-paragraph (4) applies to one or more, but not all, of those licences, or

(b) sub-paragraph (4) applies to a children’s certificate in respect of the premises,

the licensing authority must amend the new licence so as to remove from it any provision which would not have been included in it but for the existence of any existing licence or certificate to which sub-paragraph (4) applies.

(4) This sub-paragraph applies to an existing licence or children’s certificate if—

(a) it is revoked before the second appointed day, or

(b) where an appeal against a decision to revoke it is pending immediately before that day, the appeal is dismissed or abandoned.

(5) Any amendment under sub-paragraph (3) takes effect when it is notified to the holder of the new licence by the relevant licensing authority.

(6) The relevant licensing authority must give a copy of any notice under sub-paragraph (5) to the chief officer of police for the police area (or each police area) in which the premises to which the new licence relates are situated.

Appeals

9

(1) Where an application under paragraph 2 is rejected (in whole or in part) by the relevant licensing authority, the applicant may appeal against that decision.

(2) Where a licensing authority grants such an application (in whole or in part), any chief officer of police who gave a notice in relation to it under paragraph 3(2) or (3) (that was not withdrawn) may appeal against that decision.

(3) Where a licence is amended under paragraph 8, the holder of the licence may appeal against that decision.

(4) Section 181 and paragraph 9(1) and (2) of Schedule 5 (general provision about appeals against decisions under Part 3 of this Act) apply in relation to appeals under this paragraph as they apply in relation to appeals under Part 1 of that Schedule.

(5) Paragraph 9(3) of that Schedule applies in relation to an appeal under sub-paragraph (2).

False statements

10

(1) A person commits an offence if he knowingly or recklessly makes a false statement in or in connection with an application under paragraph 2.

(2) For the purposes of sub-paragraph (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.

Opening hours

11

(1) This paragraph applies where—

(a) within such period (of not less than six months) as may be specified, the holder of a justices' licence for any premises applies, in accordance with Part 3 of this Act, for the grant of a premises licence in respect of those premises, and

(b) the licence, if granted in the form applied for, would authorise the sale by retail of alcohol.

(2) In determining the application for the premises licence under section 18, the relevant licensing authority may not, by virtue of subsection (3)(b) of that section, grant the licence subject to conditions which prevent the sale of alcohol on the premises during the permitted hours.

(3) But sub-paragraph (2) does not apply where—

(a) there has been a material change in circumstances since the relevant time, and

(b) the relevant representations made in respect of the application include representations made by the chief officer of police for the police area (or any police area) in which the premises are situated advocating that, for the purposes of promoting the crime prevention objective, the premises licence ought to authorise the sale of alcohol during more restricted hours than the permitted hours.

(4) In this paragraph—

“permitted hours” means the permitted hours during which the holder of the justices' licence is permitted to sell alcohol on the premises under Part 3 of the 1964 Act;

“relevant representations” has the meaning given in section 18(6); and

“relevant time” means the time when the justices' licence was granted or, if it has been renewed, the last time it was renewed.

Provisional licences

12

(1) Where—

(a) during such period as may be specified the relevant licensing authority receives an application in accordance with Part 3 of this Act for the grant of a premises licence in respect of any premises (“the relevant premises”),

(b) under section 6 of the 1964 Act, a provisional grant of a justices' licence has been made for—

(i) the relevant premises or a part of them, or

(ii) premises that are substantially the same as the relevant premises or a part of them, and

the licensing authority must have regard to the provisional grant of the justices' licence when determining the application for the grant of the premises licence.

(2) The conditions are—

(a) that the provisional grant of the justices' licence has not been declared final, and

(b) that the premises to which the provisional grant relates have been completed in a manner which substantially complies with the plans deposited under the 1964 Act or, as the case may be, with those plans with modifications consented to under section 6(3) of that Act.

Part 2 — Club premises certificates

Introductory

13

(1) In this Part—

“existing club certificate” means a certificate held by a club under Part 2 of the 1964 Act for any premises;

“existing qualifying club activities” means the qualifying club activities authorised by the relevant existing club certificate in respect of those premises;

“first appointed day” means such day as may be specified as the first appointed day for the purposes of this Part;

“relevant existing club certificate”, in relation to an application under paragraph 14, means the existing club certificate to which the application relates;

“relevant licensing authority” has the same meaning as in Part 4 of this Act (club premises certificates); and

“second appointed day” means such day as may be specified as the second appointed day for the purposes of this Part.

(2) In the application of section 68 (relevant licensing authority in Part 4 of this Act) for the purposes of this Part, the reference in subsection (4) of that section to an applicant for a club premises certificate is to be read as a reference to an applicant under paragraph 14 for the grant of a certificate under paragraph 16.

Application for conversion of existing club certificate

14

(1) This paragraph applies where, in respect of any premises, a club holds an existing club certificate on the first appointed day.

(2) The club may, within the period of six months beginning with the first appointed day, apply to the relevant licensing authority for the grant of a certificate under paragraph 16 to succeed the existing club certificate so far as it relates to those premises.

(3) An application under this Part must specify the existing qualifying club activities and such other information as may be specified.

(4) The application must also be in the specified form and accompanied by—

(a) the relevant documents, and

(b) the specified fee.

(5) The relevant documents are—

(a) the relevant existing club certificate (or a certified copy of it),

(b) a plan in the specified form of the premises to which that certificate relates, and

(6) In this paragraph any reference to a certified copy of a document is a reference to a copy of that document certified to be a true copy—

(a) by the chief executive of the licensing justices for the licensing district in which the premises are situated,

(b) by a solicitor or notary, or

(7) A document which purports to be a certified copy of an existing club certificate is to be taken to be such a copy unless the contrary is shown.

Police consultation

15

(1) Where a person makes an application under paragraph 14, he must give a copy of the application (and any documents which accompany it) to the chief officer of police for the police area (or each police area) in which the premises are situated no later than 48 hours after the application is made.

(2) Where—

(a) an appeal is pending against a decision to revoke, or to reject an application for the renewal of, the relevant existing club certificate, and

(b) a chief officer of police who has received a copy of the application under sub-paragraph (1) is satisfied that converting that existing club certificate in accordance with this Part would undermine the crime prevention objective,

he must give the relevant licensing authority and the applicant a notice to that effect.

(3) Where a chief officer of police who has received a copy of the application under sub-paragraph (1) is satisfied that, because of a material change in circumstances since the relevant time, converting the relevant existing club certificate in accordance with this Part would undermine the crime prevention objective, he must give the relevant licensing authority and the applicant a notice to that effect.

(4) For this purpose “the relevant time” means the time when the relevant existing club certificate was granted or, if it has been renewed, the last time it was renewed.

(5) The chief officer of police may not give a notice under sub-paragraph (2) or (3) after the end of the period of 28 days beginning with the day on which he received a copy of the application under sub-paragraph (1).

Determination of application

16

(1) This paragraph applies where an application is made in accordance with paragraph 14 and the applicant complies with paragraph 15(1).

(2) Subject to sub-paragraphs (3) and (5), the licensing authority must grant the application.

(3) Where a notice is given under paragraph 15(2) or (3) (and not withdrawn), the authority must—

(a) hold a hearing to consider it, unless the authority, the applicant and the chief officer of police who gave the notice agree that a hearing is unnecessary, and

(b) having regard to the notice, reject the application if it considers it necessary for the promotion of the crime prevention objective to do so.

(4) If the relevant licensing authority fails to determine the application within the period of two months beginning with the day on which it received it, then, subject to sub-paragraph (5), the application is to be treated as granted by the authority under this paragraph.

(5) An application must not be granted (and is not to be treated as granted under sub-paragraph (4)) if the existing club certificate has ceased to have effect at—

(a) the time of the determination of the application, or

(b) in a case within sub-paragraph (4), the end of the period mentioned in that sub-paragraph.

(6) Section 10 applies as if the relevant licensing authority’s functions under sub-paragraph (3) were included in the list of functions in subsection (4) of that section (functions which cannot be delegated to an officer of the licensing authority).

Notification of determination and issue of new certificate

17

(1) Where an application is granted under paragraph 16, the relevant licensing authority must forthwith—

(a) give the applicant a notice to that effect, and

(b) issue the applicant with—

(i) a certificate in respect of the premises (“the new certificate”) in accordance with paragraph 18, and

(ii) a summary of the new certificate.

(2) Where an application is rejected under paragraph 16, the relevant licensing authority must forthwith give the applicant a notice to that effect containing a statement of the authority’s reasons for its decision to reject the application.

(3) The relevant licensing authority must give a copy of any notice it gives under sub-paragraph (1) or (2) to the chief officer of police for the police area (or each police area) in which the premises to which the notice relates are situated.

The new certificate

18

(1) The new certificate is to be treated as if it were a club premises certificate (see section 60), and sections 73, 74 and 75 apply in relation to it accordingly.

(2) The new certificate takes effect on the second appointed day.

(3) The new certificate must authorise the premises to be used for the existing qualifying club activities.

(4) Subject to sections 73, 74 and 75, the new certificate must be granted subject to such conditions as reproduce the effect of the conditions subject to which the relevant existing club certificate has effect at the time the application is granted.

(5) The new certificate must also be granted subject to conditions which reproduce the effect of any restriction imposed on the use of the premises for the existing qualifying club activities by any enactment specified for the purposes of this Part.

(6) Nothing in sub-paragraph (4) or (5) requires the new certificate to be granted for a limited period.

Variation of new certificate

19

(1) A person who makes an application under paragraph 14 may (notwithstanding that no certificate has yet been granted in consequence of that application) at the same time apply under section 84 for a variation of the certificate, and, for the purposes of such an application, the applicant is to be treated as the holder of that certificate.

(2) In relation to an application within sub-paragraph (1), the relevant licensing authority may discharge its functions under section 85 only if, and when, the application under this Part has been granted.

(3) Where an application within sub-paragraph (1) is not determined by the relevant licensing authority within the period of two months beginning with the day the application was received by the authority, it is to be treated as having been rejected by the authority under section 85 at the end of that period.

Existing club certificate revoked after grant of new certificate

20

Where the relevant licensing authority grants a new certificate under this Part, that certificate lapses if and when—

(a) the existing club certificate is revoked before the second appointed day, or

(b) where an appeal against a decision to revoke it is pending immediately before that day, the appeal is dismissed or abandoned.

Appeals

21

(1) Where an application under paragraph 14 is rejected by the relevant licensing authority, the applicant may appeal against that decision.

(2) Where a licensing authority grants such an application, any chief officer of police who gave a notice under paragraph 15(2) or (3) (that was not withdrawn) may appeal against that decision.

(3) Section 181 and paragraph 15(1) and (2) of Schedule 5 (general provision about appeals against decisions under Part 4 of this Act) apply in relation to appeals under this paragraph as they apply in relation to appeals under Part 2 of that Schedule.

(4) Paragraph 15(3) of that Schedule applies in relation to an appeal under sub-paragraph (2).

False statements

22

(1) A person commits an offence if he knowingly or recklessly makes a false statement in or in connection with an application under paragraph 14.

(2) For the purposes of sub-paragraph (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.

Part 3 — Personal licences

Introductory

23

(1) Paragraphs 24 to 27 apply where—

(a) during the transitional period, the holder of a justices' licence applies to the relevant licensing authority for the grant of a personal licence under section 117,

(b) the application is accompanied by the documents mentioned in sub-paragraph (3), and

(c) the applicant gives a copy of the application to the chief officer of police for the relevant licensing authority’s area within 48 hours from the time the application is made.

(2) In this paragraph “transitional period” means such period (of not less than six months) as may be specified for the purposes of this Part.

(3) The documents are—

(a) the justices' licence (or a certified copy of that licence),

(b) a photograph of the applicant in the specified form which is endorsed, by a person of a specified description, with a statement verifying the likeness of the photograph to the applicant, and

(c) where the applicant has been convicted of any relevant offence or foreign offence on or after the relevant date, a statement giving details of the offence.

(4) In this paragraph any reference to a certified copy of a justices' licence is to a copy of that licence certified to be a true copy—

(a) by the designated officer for the licensing justices for the licensing district concerned,

(b) by a solicitor or notary, or

(5) A document which purports to be a certified copy of a justices' licence is to be taken to be such a copy, unless the contrary is shown.

Section 120 disapplied

24

Section 120 (determination of application for grant) does not apply in relation to the application.

Police objections

25

(1) Sub-paragraph (2) applies where—

(a) the applicant has been convicted of any relevant offences or foreign offences on or after the relevant date, and

(b) having regard to—

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

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

whether occurring before or after the relevant date, the chief officer of police is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective.

(2) The chief officer of police must give a notice stating the reasons why he is so satisfied (an “objection notice”)—

(a) to the relevant licensing authority, and

(b) to the applicant.

(3) The objection notice must be given no later than 28 days after the day on which the chief officer of police receives a copy of the application in accordance with paragraph 23(1)(c).

(4) For the purposes of this paragraph—

(a) “relevant offence” and “foreign offence” have the meaning given in section 113, and

(b) section 114 (spent convictions) applies for the purposes of this paragraph as it applies for the purposes of section 120.

Determination of application

26

(1) The relevant licensing authority must grant the application if—

(a) it is satisfied that the applicant holds a justices' licence, and

(b) no objection notice has been given within the period mentioned in paragraph 25(3) or any notice so given has been withdrawn.

(2) Where the authority is not satisfied that the applicant holds a justices' licence, it must reject the application.

(3) Where the authority is so satisfied, but sub-paragraph (1)(b) does not apply, it—

(a) must hold a hearing to consider the objection notice, and

(b) having regard to the notice, must—

(i) reject the application if it considers it necessary for the promotion of the crime prevention objective to do so, and

(ii) grant the application in any other case.

(4) If the authority fails to determine the application within the period of three months beginning with the day on which it receives it, then, the application is to be treated as granted by the authority under this paragraph.

(5) Section 10 applies as if the relevant licensing authority’s functions under sub-paragraph (3) were included in the list of functions in subsection (4) of that section (functions which cannot be delegated to an officer of the licensing authority).

(6) In the application of section 122 (notification of determinations) to a determination under this paragraph, the references to an objection notice are to be read as references to an objection notice within the meaning of paragraph 25(2).

Appeals

27

(1) Where a licensing authority rejects an application under paragraph 26, the applicant may appeal against that decision.

(2) Where a licensing authority grants an application for a personal licence under paragraph 26(3), the chief officer of police who gave the objection notice may appeal against that decision.

(3) Section 181 and paragraph 17(6) and (7) of Schedule 5 (general provision about appeals relating to personal licences) apply in relation to appeals under this paragraph as they apply in relation to appeals under paragraph 17 of that Schedule.

(4) Paragraph 17(8) of that Schedule applies in relation to an appeal under sub-paragraph (2) above.

Interpretation of Part 3

28

For the purposes of this Part—

“relevant date”, in relation to the holder of a justices' licence, means—the date when the licence was granted, orwhere it has been renewed, the last date when it was renewed, orwhere it has been transferred to the holder and has not been renewed since the transfer, the date when it was transferred; and

“relevant licensing authority”, in relation to an application for a personal licence under section 117, means the authority to which the application is made in accordance with that section.

Part 4 — Miscellaneous and general

Consultation on licensing policy

29

Until such time as section 59 of the 1964 Act (prohibition of sale, etc. of alcohol except during permitted hours and in accordance with justices' licence etc.) ceases to have effect in accordance with this Act, section 5(3) of this Act (licensing authority’s duty to consult before determining licensing policy) has effect as if for paragraphs (c) to (e) there were substituted—

(c) such persons as the licensing authority considers to be representative of holders of existing licences (within the meaning of Part 1 of Schedule 8) in respect of premises situated in the authority’s area, (d) such persons as the licensing authority considers to be representative of clubs registered (within the meaning of the Licensing Act 1964 (c. 26)) in respect of any premises situated in the authority’s area,

Meaning of “methylated spirits” (transitory provision)

30

Until such time as an order is made under subsection (6) of section 5 of the Finance Act 1995 (c. 4) (denatured alcohol) bringing that section into force, section 191 of this Act (meaning of “alcohol”) has effect as if—

(a) for subsection (1)(f) there were substituted—

(f) methylated spirits,

, and

(b) in subsection (2), the definition of “denatured alcohol” were omitted and at the appropriate place there were inserted—

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

Savings

31

Notwithstanding the repeal by this Act of Schedule 12 to the London Government Act 1963 (c. 33) (licensing of public entertainment in Greater London), or of any enactment amending that Schedule, that Schedule shall continue to apply in relation to—

(a) licences granted under section 21 of the Greater London Council (General Powers) Act 1966 (c. xxviii) (licensing of public exhibitions in London), and

(b) licences granted under section 5 of the Greater London Council (General Powers) Act 1978 (c. xiii) (licensing of entertainments booking offices in London),

as it applied before that repeal.

32

(1) In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments), paragraph (ii) of the proviso to paragraph 3A (as substituted by paragraph 85(3) of Schedule 6 to this Act) does not apply in relation to a borough of a participating council (within the meaning of section 2 of the London Local Authorities Act 1990 (c. vii)) which has appointed a day under section 3 of that Act for the coming into force of section 18 of that Act (repeal of paragraph (ii) of the proviso to paragraph 3A of Schedule 3 to that Act).

(2) On or after the coming into force of paragraph 85(3) of Schedule 6 to this Act, the reference in section 18 of that Act to paragraph (ii) of the proviso to paragraph 3A of Schedule 3 to that Act is to be read as a reference to that paragraph as substituted by paragraph 85(3) of Schedule 6 to this Act.

33

Notwithstanding that by virtue of this Act the Cinemas Act 1985 (c. 13) ceases to have effect in England and Wales, section 6 of that Act (other than subsection (3)), and sections 5, 20 and 21 of that Act so far as relating to that section, shall continue to have effect there for the purposes of—

(a) paragraph 3(2)(b) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (definition of “sex cinema”), and

(b) section 3(6)(b) of the Video Recordings Act 1984 (c. 39) (exempted supplies).

Interpretation

34

In this Schedule—

“justices' licence” means a justices' licence under Part 1 of the 1964 Act;

“specified” means specified by order; and

“the 1964 Act” means the Licensing Act 1964 (c. 26).

Authorisation for licensable activities and qualifying club activities

General duties of licensing authorities

Determination of application under section 34

19A

(1) The Secretary of State may by order specify conditions relating to the supply of alcohol and applicable to all relevant premises licences or relevant premises licences of a particular description if the Secretary of State considers it appropriate to do so for the promotion of the licensing objectives.

(2) The number of conditions in force by virtue of subsection (1) in relation to all relevant premises licences and the number of conditions in force by virtue of that subsection in relation to relevant premises licences of particular descriptions must not (when added together) exceed at any time nine.

(3) An order under subsection (1) may—

(a) relate to existing or future relevant premises licences,

(b) specify conditions which involve, or consist of, the exercise of a discretion by any person.

(4) Any conditions specified by an order under subsection (1) in relation to existing relevant premises licences are to be treated as—

(a) included in those licences from the coming into force of the order, and

(b) overriding any conditions already included in those licences (“the existing conditions”) so far as they are—

(i) identical to the existing conditions, or

(ii) inconsistent with, and more onerous than, the existing conditions.

(5) Any conditions included, or treated as included, in relevant premises licences by virtue of section 19(4) and this section cease to have effect so far as they cease to be specified under this section in relation to those licences.

(6) Any conditions treated as mentioned in subsection (4)(b) cease to be so treated so far as they cease to be specified under this section in relation to the relevant premises licences concerned.

(7) So far as conditions cease to be treated as mentioned in subsection (4)(b), the existing conditions revive.

(8) Subsections (5) to (7) are subject to any alternative transitional or saving provision made by the order revoking the specification.

(9) In this section—

“existing relevant premises licence”, in relation to an order, means a relevant premises licence granted before the coming into force of the order and in effect, or capable of having effect, on its coming into force,

“future relevant premises licence”, in relation to an order, means a relevant premises licence granted on or after the coming into force of the order,

“relevant premises licence” means a premises licence authorising the supply of alcohol.

25A

(1) Where a management committee of community premises makes an application under section 17 for a premises licence authorising the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

(2) In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

(3) In a case where an application under section 17 includes an application under subsection (1), sections 17 to 19 are modified as follows.

(4) Section 17 has effect as if subsections (3)(c) and (4)(e) were omitted.

(5) Section 18 has effect as if—

(a) subsection (4)(c) were omitted;

(b) in subsection (6)(c), the reference to the identity of the person named in the application as the proposed premises supervisor were to the inclusion of the alternative licence condition;

(c) in subsection (9)(b), the reference to the designation of the person concerned as the premises supervisor under the premises licence were to the inclusion of the alternative licence condition.

(6) Section 19 has effect as if at the end there were inserted—

(5) But where— (a) the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and (b) if any representations are made pursuant to section 18(6)(c), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be appropriate to promote the crime prevention objective, the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 25A(2) instead.

Application to vary licence to specify individual as premises supervisor

Determination of transfer application

Variation of licences: minor variations

41A

(1) Subject to subsection (3), the holder of a premises licence may apply under this section (instead of under section 34) to the relevant licensing authority for variation of the licence.

(2) Subsection (1) is subject to regulations under—

(a) section 54 (form etc. of applications etc.);

(b) section 55 (fees to accompany applications etc.).

(3) An application may not be made under this section to vary a premises licence so as to—

(a) extend the period for which it has effect,

(b) vary substantially the premises to which it relates,

(d) add the supply of alcohol as an activity authorised by the licence,

(e) authorise—

(i) the supply of alcohol at any time between 11pm and 7am, or

(ii) an increase in the amount of time on any day during which alcohol may be sold by retail or supplied, or

(f) include the alternative licence condition referred to in section 41D(3).

(4) The duty to make regulations imposed on the Secretary of State by subsection (5)(a) of section 17 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.

41B

(1) This section applies where the relevant licensing authority receives an application made under section 41A.

(2) In determining the application the authority must—

(a) consult such of the responsible authorities as it considers appropriate, and

(b) take into account any relevant representations—

(i) made by those authorities, or

(ii) made by any other person and received by the authority within ten working days beginning on the initial day.

(3) If the authority considers that—

(a) the variation proposed in the application could not have an adverse effect on the promotion of any of the licensing objectives, or

(b) if more than one variation is proposed, none of them, whether considered separately or together could have such an effect,

it must grant the application.

(4) In any other case the authority must reject the application.

(5) A determination under this section must be made within the period of fifteen working days beginning on the initial day.

(6) If at the expiry of the period referred to in subsection (5) the authority has not determined the application—

(a) the application is rejected, and

(b) the authority must forthwith return the fee that accompanied the application.

(7) But nothing in subsection (6) prevents the authority, with the agreement of the applicant, from treating—

(a) an application rejected by virtue of that subsection (“the first application”) as a new application made under section 41A,

(b) the prescribed fee that accompanied the first application as the prescribed fee accompanying a new application, or

(8) A new application of the kind referred to in subsection (7)(a) is to be treated as having been made on the date of the agreement referred to in that provision, or on such other date as is specified in the agreement.

(9) Any fee owed to an applicant under subsection (6) may be recovered as a debt due to the applicant.

(10) For the purposes of this section—

“initial day” in relation to an application means the first working day after the day on which the authority receives the application;

“relevant representations” in relation to an application means representations which are about the likely effect of the grant of the application on the promotion of the licensing objectives.

41C

(1) Where an application is granted under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

(2) The notice under subsection (1) must specify—

(a) any variation of the premises licence which is to have effect as a result of the grant of the application, and

(b) the time at which that variation takes effect.

(3) The time referred to in subsection (2)(b) is the time specified in the application or, if that time is before the applicant is given the notice referred to in subsection (2), such later time as the authority specifies in the notice.

(4) Where an application is rejected under section 41B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

(5) The notice under subsection (4) must include a statement by the authority of the reasons for its decision.

41D

(1) Where a management committee which holds a premises licence in respect of community premises makes an application under section 34 for variation of the licence so as to authorise the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).

(2) A management committee which holds a premises licence in respect of community premises which includes the conditions in section 19(2) and (3) may make an application under section 34 for (or which includes an application for) variation of the licence to include the alternative licence condition instead of those conditions.

(3) In this section “the alternative licence condition” is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee.

(4) In a case where an application under section 34 includes an application under subsection (1), or is made pursuant to subsection (2), section 19 (as it applies by virtue of section 35(7)) and section 35 are modified as follows.

(5) Section 19 has effect as if at the end there were inserted—

(5) But where— (a) the relevant licensing authority is satisfied that the arrangements for the management of the premises by the applicant are sufficient to ensure adequate supervision of the supply of alcohol on the premises, and (b) if any representations are made pursuant to section 35(5)(aa), the authority does not consider the inclusion of the conditions in subsections (2) and (3) to be appropriate to promote the crime prevention objective, the licence must not include the conditions in subsections (2) and (3) but must include the alternative licence condition referred to in section 41D(3) instead.

(6) Section 35 has effect as if—

(a) after subsection (5)(a) there were inserted—

(aa) if they relate to the inclusion of the alternative licence condition referred to in section 41D(3)— (i) were made by the chief officer of police for a police area in which the premises are situated, and (ii) include a statement that, due to the exceptional circumstances of the case, he is satisfied that including the alternative licence condition instead of the conditions in section 19(2) and (3) would undermine the crime prevention objective, and

, and

(b) subsection (6)(c) were omitted.

Determination of application for review

Supplementary provision about review

52A

(1) In a case where an application is made under section 51 for review of a premises licence which—

(a) is held by a management committee in respect of community premises, and

(b) includes the alternative licence condition,

section 52 is modified as follows.

(2) Subsection (4) has effect as if paragraph (c) were omitted.

(3) Subsection (5) has effect as if for that subsection there were substituted—

(5) Subsection (3) is subject— (a) to the requirement that the licence must include— (i) the conditions in section 19(2) and (3), or (i) the alternative licence condition referred to in section 52A(4) (but not both), and (b) to sections 19(4) and 19A to 21(requirement to include certain conditions in premises licences).

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