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

(ca) an order under section 147A(9) (increase of maximum fine for offence of persistently selling alcohol to children) to which subsection (4A) applies;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) an order under section 176(3) (order amending definition of “excluded premises” where alcohol sales are prohibited),

(f) an order under section 201 (commencement), or

(g) an order under paragraph 4 of Schedule 1 (power to amend meaning of regulated entertainment),

is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing an order within subsection (3)(aa), (b),, (c), (ca),... (e) or (g) is not to be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

(4A) This subsection applies to an order under section 147A(9) if it appears to the Secretary of State that the power to make the order is being exercised for purposes that are not confined to the increase of the maximum fine to take account of changes in the value of money.

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

Minor and consequential amendments

198

(1) Schedule 6 (which makes minor and consequential amendments) has effect.

(2) The Secretary of State may, in consequence of any provision of this Act or of any instrument made under it, by order make such amendments (including repeals or revocations) as appear to him to be appropriate in—

(a) any Act passed, or

(b) any subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30) made,

before that provision comes into force.

Repeals

199

The enactments mentioned in Schedule 7 (which include provisions that are spent) are repealed to the extent specified.

Transitional provision etc.

200

Schedule 8 (which makes transitional and transitory provision and savings) has effect.

Short title, commencement and extent

201

(1) This Act may be cited as the Licensing Act 2003.

(2) The preceding provisions (and the Schedules) come into force in accordance with provision made by order.

(3) Subject to subsections (4) and (5), this Act extends to England and Wales only.

(4) Section 155(1) also extends to Northern Ireland.

(5) An amendment or repeal contained in Schedule 6 or 7 has the same extent as the enactment to which it relates.

SCHEDULE 1

Part 1 — General definitions

The provision of regulated entertainment

1

(1) For the purposes of this Act, the “provision of regulated entertainment” means the provision of entertainment of a description falling within paragraph 2 where the conditions in sub-paragraphs (2) and (3) are satisfied.

(2) The first condition is that the entertainment is ... provided—

(a) to any extent for members of the public or a section of the public,

(b) exclusively for members of a club which is a qualifying club in relation to the provision of regulated entertainment, or for members of such a club and their guests, or

(3) The second condition is that the premises on which the entertainment is provided are made available for the purpose, or for purposes which include the purpose, of enabling the entertainment concerned to take place.

(4) For the purposes of sub-paragraph (2)(c), entertainment is to be regarded as provided for consideration only if any charge—

(a) is made by or on behalf of any person concerned in the organisation or management of that entertainment, and

(b) is paid by or on behalf of some or all of the persons for whom that entertainment is provided.

(5) In sub-paragraph (4), “charge” includes any charge for the provision of goods or services.

(6) For the purposes of sub-paragraph (4)(a), where the entertainment consists of the performance of live music or the playing of recorded music, a person performing or playing the music is not concerned in the organisation or management of the entertainment by reason only that he does one or more of the following—

(a) chooses the music to be performed or played,

(b) determines the manner in which he performs or plays it,

(7) This paragraph is subject to Part 2 of this Schedule (exemptions).

Entertainment

2

(1) The descriptions of entertainment are—

(a) a performance of a play,

(b) an exhibition of a film,

(d) a boxing or wrestling entertainment,

(e) a performance of live music,

(f) any playing of recorded music,

(g) a performance of dance,

(h) entertainment of a similar description to that falling within paragraph (e), (f) or (g),

where the following conditions are satisfied (so far as relevant).

(1A) The first condition is that the entertainment—

(a) takes place in the presence of an audience, and

(b) is provided for the purpose, or for purposes which include the purpose, of entertaining that audience.

(1B) The second condition is relevant only to a performance of a play, and is that one or more of the following applies—

(a) the audience consists of more than 500 persons;

(b) the entertainment takes place before 8am on any day;

(1C) The third condition is relevant only to an indoor sporting event, and is that one or more of the following applies—

(a) the audience consists of more than 1000 persons;

(b) the entertainment takes place before 8am on any day;

(1D) The fourth condition is relevant only to a performance of dance, and is that one or more of the following applies—

(a) the audience consists of more than 500 persons;

(b) the entertainment takes place before 8am on any day;

(d) the entertainment is relevant entertainment within the meaning of paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (meaning of “sexual entertainment venue”).

(1E) So much of any entertainment of a description specified in paragraphs (a) to (h) of sub-paragraph (1) as does not satisfy the conditions in sub-paragraphs (1A) to (1D) (so far as relevant) is not to be regarded as falling within sub-paragraph (1).

(2) Any reference in in this paragraph to an audience includes a reference to spectators.

(3) This paragraph is subject to Part 3 of this Schedule (interpretation).

Entertainment facilities

3

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

Power to amend Schedule

4

The Secretary of State may by order amend this Schedule for the purposes of modifying the descriptions of entertainment specified in paragraph 2, and for this purpose “modify” includes adding, varying or removing any description.

Part 2 — Exemptions

Film exhibitions for the purposes of advertisement, information, education, etc.

5

The provision of entertainment consisting of the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act if its sole or main purpose is to—

(a) demonstrate any product,

(b) advertise any goods or services, or

Film exhibitions: museums and art galleries

6

The provision of entertainment consisting of the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act if it consists of or forms part of an exhibit put on show for any purposes of a museum or art gallery.

Music incidental to certain other activities

7

The provision of entertainment consisting of the performance of live music, the playing of recorded music or the exhibition of a film is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is incidental to some other activity which is not itself a description of entertainment falling within paragraph 2.

Use of television or radio receivers

8

The provision of any entertainment ... is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the simultaneous reception and playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (c. 42).

Religious services, places of worship etc.

9

The provision of any entertainment ...—

(a) for the purposes of, or for purposes incidental to, a religious meeting or service, or

(b) at a place of public religious worship,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

Garden fêtes, etc.

10

(1) The provision of any entertainment ... at a garden fête, or at a function or event of a similar character, is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

(2) But sub-paragraph (1) does not apply if the fête, function or event is promoted with a view to applying the whole or part of its proceeds for purposes of private gain.

(3) In sub-paragraph (2) “private gain”, in relation to the proceeds of a fête, function or event, is to be construed in accordance with section 19(3) of the Gambling Act 2005.

Morris dancing etc.

11

The provision of any entertainment ... is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the provision of—

(a) a performance of morris dancing or any dancing of a similar nature or the playing of live or recorded music that forms an integral part of such a performance , or

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

Vehicles in motion

12

The provision of any entertainment ...—

(a) on premises consisting of or forming part of a vehicle, and

(b) at a time when the vehicle is not permanently or temporarily parked,

is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

Part 3 — Interpretation

General

13

This Part has effect for the purposes of this Schedule.

Plays

14

(1) A “performance of a play” means a performance of any dramatic piece, whether involving improvisation or not,—

(a) which is given wholly or in part by one or more persons actually present and performing, and

(b) in which the whole or a major proportion of what is done by the person or persons performing, whether by way of speech, singing or action, involves the playing of a role.

(2) In this paragraph, “performance” includes rehearsal (and “performing” is to be construed accordingly).

Film exhibitions

15

An “exhibition of a film” means any exhibition of moving pictures.

Indoor sporting events

16

(1) An “indoor sporting event” is a sporting event—

(a) which takes place wholly inside a building, and

(b) at which the spectators present at the event are accommodated wholly inside that building.

(2) In this paragraph—

“building” means any roofed structure (other than a structure with a roof which may be opened or closed) and includes a vehicle, vessel or moveable structure,

“sporting event” means any contest, exhibition or display of any sport other than a boxing or wrestling entertainment, and

“sport” includes—any game in which physical skill is the predominant factor, andany form of physical recreation which is also engaged in for purposes of competition or display.

Boxing or wrestling entertainments

17

A “boxing or wrestling entertainment” is any contest, exhibition or display of boxing or wrestling, or which combines boxing or wrestling with one or more martial arts.

Music

18

“Music” includes vocal or instrumental music or any combination of the two.

SCHEDULE 2

The provision of late night refreshment

1

(1) For the purposes of this Act, a person “provides late night refreshment” if—

(a) at any time between the hours of 11.00 p.m. and 5.00 a.m., he supplies hot food or hot drink to members of the public, or a section of the public, on or from any premises, whether for consumption on or off the premises, or

(b) at any time between those hours when members of the public, or a section of the public, are admitted to any premises, he supplies, or holds himself out as willing to supply, hot food or hot drink to any persons, or to persons of a particular description, on or from those premises, whether for consumption on or off the premises,

unless the supply is an exempt supply by virtue of paragraph 2A, 3, 4 or 5.

(2) References in this Act to the “provision of late night refreshment” are to be construed in accordance with sub-paragraph (1).

(3) This paragraph is subject to the following provisions of this Schedule.

Hot food or hot drink

2

Food or drink supplied on or from any premises is “hot” for the purposes of this Schedule if the food or drink, or any part of it,—

(a) before it is supplied, is heated on the premises or elsewhere for the purpose of enabling it to be consumed at a temperature above the ambient air temperature and, at the time of supply, is above that temperature, or

(b) after it is supplied, may be heated on the premises for the purpose of enabling it to be consumed at a temperature above the ambient air temperature.

Exempt supplies: clubs, hotels etc. and employees

3

(1) The supply of hot food or hot drink on or from any premises at any time is an exempt supply for the purposes of paragraph 1(1) if, at that time, a person will neither—

(a) be admitted to the premises, nor

(b) be supplied with hot food or hot drink on or from the premises,

except by virtue of being a person of a description falling within sub-paragraph (2).

(2) The descriptions are that—

(a) he is a member of a recognised club,

(b) he is a person staying at a particular hotel, or at particular comparable premises, for the night in question,

(d) he is engaged in a particular trade, he is a member of a particular profession or he follows a particular vocation,

(e) he is a guest of a person falling within any of paragraphs (a) to (d).

(3) The premises which, for the purposes of sub-paragraph (2)(b), are comparable to a hotel are—

(a) a guest house, lodging house or hostel,

(b) a caravan site or camping site, or

Exempt supplies: premises licensed under certain other Acts

4

The supply of hot food or hot drink on or from any premises is an exempt supply for the purposes of paragraph 1(1) if it takes place during a period for which—

(a) the premises may be used for a public exhibition of a kind described in section 21(1) of the Greater London Council (General Powers) Act 1966 (c. xxviii) by virtue of a licence under that section, or

(b) the premises may be used as near beer premises within the meaning of section 14 of the London Local Authorities Act 1995 (c. x) by virtue of a licence under section 16 of that Act.

Miscellaneous exempt supplies

5

(1) The following supplies of hot food or hot drink are exempt supplies for the purposes of paragraph 1(1)—

(a) the supply of hot drink which consists of or contains alcohol,

(b) the supply of hot drink by means of a vending machine,

(d) the supply of hot food or hot drink by a registered charity or a person authorised by a registered charity,

(e) the supply of hot food or hot drink on a vehicle at a time when the vehicle is not permanently or temporarily parked.

(2) Hot drink is supplied by means of a vending machine for the purposes of sub-paragraph (1)(b) only if—

(a) the payment for the hot drink is inserted into the machine by a member of the public, and

(b) the hot drink is supplied directly by the machine to a member of the public.

(3) Hot food or hot drink is not to be regarded as supplied free of charge for the purposes of sub-paragraph (1)(c) if, in order to obtain the hot food or hot drink, a charge must be paid—

(a) for admission to any premises, or

(b) for some other item.

(4) In sub-paragraph (1)(d) “registered charity” means--

(a) a charity which is registered in accordance with section 30 of the Charities Act 2011, or

(b) a charity which by virtue of subsection (2) of that section is not required to be so registered.

Clubs which are not recognised clubs: members and guests

6

For the purposes of this Schedule—

(a) the supply of hot food or hot drink to a person as being a member, or the guest of a member, of a club which is not a recognised club is to be taken to be a supply to a member of the public, and

(b) the admission of any person to any premises as being such a member or guest is to be taken to be the admission of a member of the public.

SCHEDULE 3

The licensing register kept by a licensing authority under section 8 must contain a record of the following matters—

SCHEDULE 4

1

An offence under this Act.

2

An offence under any of the following enactments—

(a) Schedule 12 to the London Government Act 1963 (c. 33) (public entertainment licensing);

(b) the Licensing Act 1964 (c. 26);

(d) section 13 of the Theatres Act 1968 (c. 54);

(e) the Late Night Refreshment Houses Act 1969 (c. 53);

(f) section 6 of, or Schedule 1 to, the Local Government (Miscellaneous Provisions) Act 1982 (c. 30);

(g) the Licensing (Occasional Permissions) Act 1983 (c. 24);

(h) the Cinemas Act 1985 (c. 13);

(i) the London Local Authorities Act 1990 (c. vii).

3

An offence under the Firearms Act 1968 (c. 27).

4

An offence under section 1 of the Trade Descriptions Act 1968 (c. 29) (false trade description of goods) in circumstances where the goods in question are or include alcohol.

5

An offence under any of the following provisions of the Theft Act 1968 (c. 60)—

(a) section 1 (theft);

(b) section 8 (robbery);

(d) section 10 (aggravated burglary);

(e) section 11 (removal of articles from places open to the public);

(f) section 12A (aggravated vehicle-taking), in circumstances where subsection (2)(b) of that section applies and the accident caused the death of any person;

(g) section 13 (abstracting of electricity);

(h) section 15 (obtaining property by deception);

(i) section 15A (obtaining a money transfer by deception);

(j) section 16 (obtaining pecuniary advantage by deception);

(k) section 17 (false accounting);

(l) section 19 (false statements by company directors etc.);

(m) section 20 (suppression, etc. of documents);

(n) section 21 (blackmail);

(o) section 22 (handling stolen goods);

(p) section 24A (dishonestly retaining a wrongful credit);

(q) section 25 (going equipped for stealing etc.).

6

An offence under section 7(2) of the Gaming Act 1968 (c. 65) (allowing child to take part in gaming on premises licensed for the sale of alcohol).

7

An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

(a) section 4(2) (production of a controlled drug);

(b) section 4(3) (supply of a controlled drug);

(d) section 8 (permitting activities to take place on premises).

8

An offence under either of the following provisions of the Theft Act 1978 (c. 31)—

(a) section 1 (obtaining services by deception);

(b) section 2 (evasion of liability by deception).

9

An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2)—

(a) section 170 (disregarding subsection (1)(a)) (fraudulent evasion of duty etc.);

(b) section 170B (taking preparatory steps for evasion of duty).

10

An offence under either of the following provisions of the Tobacco Products Duty Act 1979 (c. 7)—

(a) section 8G (possession and sale of unmarked tobacco);

(b) section 8H (use of premises for sale of unmarked tobacco).

11

An offence under the Forgery and Counterfeiting Act 1981 (c. 45) (other than an offence under section 18 or 19 of that Act).

12

An offence under the Firearms (Amendment) Act 1988 (c. 45).

13

An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—

(a) section 107(1)(d)(iii) (public exhibition in the course of a business of article infringing copyright);

(b) section 107(3) (infringement of copyright by public performance of work etc.);

(d) section 297(1) (fraudulent reception of transmission);

(e) section 297A(1) (supply etc. of unauthorised decoder).

14

An offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)—

(a) section 3A (causing death by careless driving while under the influence of drink or drugs);

(b) section 4 (driving etc. a vehicle when under the influence of drink or drugs);

(d) section 6(6) (failing to co-operate with a preliminary test).

15

An offence under either of the following provisions of the Food Safety Act 1990 (c. 16) in circumstances where the food in question is or includes alcohol—

(a) section 14 (selling food or drink not of the nature, substance or quality demanded);

(b) section 15 (falsely describing or presenting food or drink).

16

An offence under section 92(1) or (2) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark, etc. in relation to goods) in circumstances where the goods in question are or include alcohol.

17

An offence under the Firearms (Amendment) Act 1997 (c. 5).

18

A sexual offence, being an offence —

(a) listed in Part 2 of Schedule 15 to the Criminal Justice Act 2003 , other than the offence mentioned in paragraph 95 (an offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts));

(aa) listed in Schedule 3 to the Sexual Offences Act 2003 (sexual offences for the purposes of notification and orders);

(b) an offence under section 8 of the Sexual Offences Act 1956 (intercourse with a defective);

19

A violent offence, being any offence which leads, or is intended or likely to lead, to a person's death or to physical injury to a person, including an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition).

20

An offence under section 3 of the Private Security Industry Act 2001 (c. 12) (engaging in certain activities relating to security without a licence).

SCHEDULE 5

Part 1 — Premises licences

Rejection of applications relating to premises licences

1

Where a licensing authority—

(a) rejects an application for a premises licence under section 18,

(b) rejects (in whole or in part) an application to vary a premises licence under section 35,

(c) rejects an application to vary a premises licence to specify an individual as the premises supervisor under section 39, or

(d) rejects an application to transfer a premises licence under section 44,

the applicant may appeal against the decision.

Decision to grant premises licence or impose conditions etc.

2

(1) This paragraph applies where a licensing authority grants a premises licence under section 18.

(2) The holder of the licence may appeal against any decision—

(a) to impose conditions on the licence under subsection (2)(a) or (3)(b) of that section, or

(b) to take any step mentioned in subsection (4)(b) or (c) of that section (exclusion of licensable activity or refusal to specify person as premises supervisor).

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that the licence ought not to have been granted, or

(b) that, on granting the licence, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) or (c) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 18(6).

Issue of provisional statement

3

(1) This paragraph applies where a provisional statement is issued under subsection (3)(c) of section 31.

(2) An appeal against the decision may be made by—

(a) the applicant, or

(b) any person who made relevant representations in relation to the application.

(3) In sub-paragraph (2) “relevant representations” has the meaning given in subsection (5) of that section.

Variation of licence under section 35

4

(1) This paragraph applies where an application to vary a premises licence is granted (in whole or in part) under section 35.

(2) The applicant may appeal against any decision to modify the conditions of the licence under subsection (4)(a) of that section.

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that any variation made ought not to have been made, or

(b) that, when varying the licence, the licensing authority ought not to have modified the conditions of the licence, or ought to have modified them in a different way, under subsection (4)(a) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 35(5).

Variation of licence to specify individual as premises supervisor

5

(1) This paragraph applies where an application to vary a premises licence is granted under section 39(2) in a case where a chief officer of police gave a notice under section 37(5) (which was not withdrawn).

(2) The chief officer of police may appeal against the decision to grant the application.

Transfer of licence

6

(1) This paragraph applies where an application to transfer a premises licence is granted under section 44 in a case where a chief officer of police gave a notice under section 42(6) or the Secretary of State gave a notice under section 42(8) (which , in either case, was not withdrawn).

(2) The chief officer of police or the Secretary of State, as the case may be, may appeal against the decision to grant the application.

Interim authority notice

7

(1) This paragraph applies where—

(a) an interim authority notice is given in accordance with section 47, and

(b) a chief officer of police gives a notice under section 48(2) or the Secretary of State gives a notice under section 48(2B) (which , in either case, is not withdrawn).

(2) Where the relevant licensing authority decides to cancel the interim authority notice under subsection (3) of section 48, the person who gave the interim authority notice may appeal against that decision.

(3) Where the relevant licensing authority decides not to cancel the interim authority notice under section 48(3) after the giving of a notice by a chief officer of police under section 48(2), the chief officer of police may appeal against that decision.

(3A) Where the relevant licensing authority decides not to cancel the interim authority notice under section 48(3) after the giving of a notice by the Secretary of State under section 48(2B), the Secretary of State may appeal against that decision.

(4) Where an appeal is brought under sub-paragraph (2), the court to which it is brought may, on such terms as it thinks fit, order the reinstatement of the interim authority notice pending—

(a) the disposal of the appeal, or

(b) the expiry of the interim authority period,

whichever first occurs.

(5) Where the court makes an order under sub-paragraph (4), the premises licence is reinstated from the time the order is made, and section 47 has effect in a case where the appeal is dismissed or abandoned before the end of the interim authority period as if—

(a) the reference in subsection (7)(b) to the end of the interim authority period were a reference to the time when the appeal is dismissed or abandoned, and

(b) the reference in subsection (9)(a) to the interim authority period were a reference to that period disregarding the part of it which falls after that time.

(6) In this paragraph “interim authority period” has the same meaning as in section 47.

Review of premises licence

8

(1) This paragraph applies where an application for a review of a premises licence is decided under section 52.

(2) An appeal may be made against that decision by—

(a) the applicant for the review,

(b) the holder of the premises licence, or

(3) In sub-paragraph (2) “relevant representations” has the meaning given in section 52(7).

General provision about appeals under this Part

9

(1) An appeal under this Part must be made to a magistrates' court.

(2) An appeal under this Part must be commenced by notice of appeal given by the appellant to the designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(3) On an appeal under paragraph 2(3), 3(2)(b), 4(3), 5(2), 6(2) or 8(2)(a) or (c), the holder of the premises licence is to be the respondent in addition to the licensing authority.

(4) On an appeal under paragraph 7(3) or (3A), the person who gave the interim authority notice is to be the respondent in addition to the licensing authority.

Part 2 — Club premises certificates

Rejection of applications relating to club premises certificates

10

Where a licensing authority—

(a) rejects an application for a club premises certificate under section 72, or

(b) rejects (in whole or in part) an application to vary a club premises certificate under section 85,

the club that made the application may appeal against the decision.

Decision to grant club premises certificate or impose conditions etc.

11

(1) This paragraph applies where a licensing authority grants a club premises certificate under section 72.

(2) The club holding the certificate may appeal against any decision—

(a) to impose conditions on the certificate under subsection (2) or (3)(b) of that section, or

(b) to take any step mentioned in subsection (4)(b) of that section (exclusion of qualifying club activity).

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that the certificate ought not to have been granted, or

(b) that, on granting the certificate, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 72(7).

Variation of club premises certificate

12

(1) This paragraph applies where an application to vary a club premises certificate is granted (in whole or in part) under section 85.

(2) The club may appeal against any decision to modify the conditions of the certificate under subsection (3)(b) of that section.

(3) Where a person who made relevant representations in relation to the application desires to contend—

(a) that any variation ought not to have been made, or

(b) that, when varying the certificate, the licensing authority ought not to have modified the conditions of the certificate, or ought to have modified them in a different way, under subsection (3)(b) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) “relevant representations” has the meaning given in section 85(5).

Review of club premises certificate

13

(1) This paragraph applies where an application for a review of a club premises certificate is decided under section 88.

(2) An appeal may be made against that decision by—

(a) the applicant for the review,

(b) the club that holds or held the club premises certificate, or

(3) In sub-paragraph (2) “relevant representations” has the meaning given in section 88(7).

Withdrawal of club premises certificate

14

Where the relevant licensing authority gives notice withdrawing a club premises certificate under section 90, the club which holds or held the certificate may appeal against the decision to withdraw it.

General provision about appeals under this Part

15

(1) An appeal under this Part must be made to a magistrates' court.

(2) An appeal under this Part must be commenced by notice of appeal given by the appellant to the designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(3) On an appeal under paragraph 11(3), 12(3) or 13(2)(a) or (c), the club that holds or held the club premises certificate is to be the respondent in addition to the licensing authority.

Part 3 — Other appeals

Temporary event notices

16

(1) This paragraph applies where—

(a) a standard temporary event notice is given under section 100, and

(b) a relevant person gives an objection notice in accordance with section 104(2).

(2) Where the relevant licensing authority gives a counter notice under section 105(3), the premises user may appeal against that decision.

(3) Where that authority decides not to give such a counter notice, the relevant person may appeal against that decision.

(4) An appeal under this paragraph must be made to a magistrates' court.

(5) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(6) But no appeal may be brought later than five working days before the day on which the event period specified in the temporary event notice begins.

(7) On an appeal under sub-paragraph (3), the premises user is to be the respondent in addition to the licensing authority.

(8) In this paragraph—

“objection notice” has the same meaning as in section 104; ...

“relevant licensing authority” has the meaning given in section 99 ; and

“relevant person” has the meaning given in section 99A.

Personal licences

17

(1) Where a licensing authority—

(a) rejects an application for the grant of a personal licence under section 120, or

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

the applicant may appeal against that decision.

(2) Where a licensing authority grants an application for a personal licence under 120(7A) after the giving of a notice under section 120(5), the chief officer of police who gave the notice may appeal against that decision.

(2A) Where a licensing authority grants an application for a personal licence under section 120(7A) after the giving of a notice under section 120(5B), the Secretary of State may appeal against that decision.

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

(4) Where a licensing authority revokes a personal licence under section 124(4), the holder of the licence may appeal against that decision.

(5) Where in a case to which section 124 (convictions coming to light after grant ...) applies—

(a) the chief officer of police for the licensing authority’s area gives a notice under subsection (3) of that section (and does not later withdraw it), and

(b) the licensing authority decides not to revoke the licence,

the chief officer of police may appeal against the decision.

(5A) Where in a case to which section 124 applies—

(a) the Secretary of State gives a notice under subsection (3B) of that section (and does not later withdraw it), and

(b) the licensing authority decides not to revoke the licence,

the Secretary of State may appeal against the decision.

(5B) Where a licensing authority revokes or suspends a personal licence under section 132A(8) or (12) the holder of the licence may appeal against that decision.

(6) An appeal under this paragraph must be made to a magistrates' court.

(7) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(8) On an appeal under sub-paragraph (2), (2A), (5) or (5A), the holder of the personal licence is to be the respondent in addition to the licensing authority.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure orders

18

(1) This paragraph applies where, on a review of a premises licence under section 167, the relevant licensing authority decides under subsection (5)(b) of that section—

(a) to take any of the steps mentioned in subsection (6) of that section, in relation to a premises licence for those premises, or

(b) not to take any such step.

(2) An appeal may be made against that decision by—

(a) the holder of the premises licence, or

(b) any other person who made relevant representations in relation to the review.

(3) Where an appeal is made under this paragraph against a decision to take any of the steps mentioned in section 167(6)(a) to (d) (modification of licence conditions etc.), the . . . magistrates' court may in a case within section 168(3) (premises closed when decision taken)—

(a) if the relevant licensing authority has not made an order under section 168(5) (order suspending operation of decision in whole or part), make any order under section 168(5) that could have been made by the relevant licensing authority, or

(b) if the authority has made such an order, cancel it or substitute for it any order which could have been made by the authority under section 168(5).

(4) Where an appeal is made under this paragraph in a case within section 168(6) (premises closed when decision to revoke made to remain closed pending appeal), the . . . magistrates court may, on such conditions as it thinks fit, order that section 168(7) (premises to remain closed pending appeal) is not to apply to the premises.

(5) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the designated officer for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the relevant licensing authority of the decision appealed against.

(6) On an appeal under this paragraph by a person other than the holder of the premises licence, that holder is to be the respondent in addition to the licensing authority that made the decision.

(7) In this paragraph—

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

“relevant licensing authority” has the same meaning as in Part 3 of this Act; and

“relevant representations” has the meaning given in section 167(9).

SCHEDULE 6

Universities (Wine Licences) Act 1743 (c. 40)

1

The Universities (Wine Licences) Act 1743 ceases to have effect.

Disorderly Houses Act 1751 (c. 36)

2

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

Sunday Observance Act 1780 (c. 49)

3

The Sunday Observance Act 1780 ceases to have effect.

Town Police Clauses Act 1847 (c. 89)

4

Section 35 of the Town Police Clauses Act 1847 (harbouring thieves or prostitutes at a public venue) ceases to have effect.

Cambridge Award Act 1856 (c. xvii)

5

The following provisions of the Cambridge Award Act 1856 cease to have effect—

(a) section 9 (revocation of alehouse licence by justice of the peace following complaint by Vice Chancellor of the University), and

(b) section 11 (power to grant wine licence, etc. to remain vested in the Chancellor, Masters and Scholars of the University).

Inebriates Act 1898 (c. 60)

6

In the First Schedule to the Inebriates Act 1898 (offences by reference to which section 6 of the Licensing Act 1902 operates)—

(a) omit the entry relating to section 18 of the Licensing Act 1872 and the entry relating to section 41 of the Refreshment Houses Act 1860, and

(b) after the entries relating to the Merchant Shipping Act 1894 insert—

Failing to leave licensed premises, etc. when asked to do so.	Licensing Act 2003, s 143.
Entering, or attempting to enter, licensed premises, etc. when asked not to do so.

Licensing Act 1902 (c. 28)

7

The Licensing Act 1902 is amended as follows.

8

(1) Section 6 (prohibition of sale of alcohol to person declared by the court to be a habitual drunkard) is amended as follows.

(2) For subsection (2) substitute—

(2) Subsections (2A) to (2C) apply where a court, in pursuance of this Act, orders notice of a conviction to be sent to a police authority. (2A) The court shall inform the convicted person that the notice is to be sent to a police authority. (2B) The convicted person commits an offence if, within the three year period, he buys or obtains, or attempts to buy or obtain, alcohol on relevant premises. (2C) A person to whom subsection (2D) applies commits an offence if, within the three year period, he knowingly— (a) sells, supplies or distributes alcohol on relevant premises, or (b) allows the sale, supply or distribution of alcohol on relevant premises, to, or for consumption by, the convicted person. (2D) This subsection applies— (a) to any person who works at the premises in a capacity, whether paid or unpaid, which gives him authority to sell, supply or distribute the alcohol concerned, (b) in the case of licensed premises, to— (i) the holder of a premises licence which authorises the sale or supply of alcohol, 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 authorising the sale or supply of alcohol has effect, to any member or officer of the club which holds the certificate who at the time the sale, supply or distribution takes place is present on the premises in a capacity which enables him to prevent it, and (d) in the case of premises which may be used for a permitted temporary activity by virtue of Part 5 of the Licensing Act 2003, the premises user in respect of a temporary event notice authorising the sale or supply of alcohol. (2E) A person guilty of an offence under this section is liable on summary conviction— (a) in the case of an offence under subsection (2B), to a fine not exceeding level 1 on the standard scale, and (b) in the case of an offence under subsection (2C), to a fine not exceeding level 2 on the standard scale.

(3) In subsection (3), for “licensed persons, and secretaries of clubs registered under Part III of this Act,” substitute “persons to whom subsection (4) applies”.

(4) After that subsection insert—

(4) This subsection applies to— (a) the holder of a premises licence which authorises the sale or supply of alcohol, (b) the designated premises supervisor (if any) under such a licence, (c) the holder of a club premises certificate authorising the sale or supply of alcohol, and (d) the premises user in relation to a temporary event notice authorising the sale or supply or alcohol. (5) In this section— “alcohol”, “club premises certificate”, “designated premises supervisor”, “licensed premises”, “permitted temporary activity”, “premises licence”, “premises user” and “temporary event notice” have the same meaning as in the Licensing Act 2003, “relevant premises” means premises which are relevant premises within the meaning of section 159 of that Act and on which alcohol may be lawfully sold or supplied, and “the three year period”, in relation to the convicted person, means the period of three years beginning with the day of the conviction.

9

After section 8 (meaning of “public place”) insert—

(8A) For those purposes, “licensed premises” includes— (a) any licensed premises within the meaning of section 193 of the Licensing Act 2003, and (b) any premises which may be used for a permitted temporary activity by virtue of Part 5 of that Act.

Celluloid and Cinematograph Film Act 1922 (c. 35)

10

At the end of section 2 of the Celluloid and Cinematograph Film Act 1922 (premises to which the Act does not apply), add “or which may, by virtue of an authorisation (within the meaning of section 136 of the Licensing Act 2003), be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to that Act)”.

Sunday Entertainments Act 1932 (c. 51)

11

The Sunday Entertainments Act 1932 ceases to have effect.

Children and Young Persons Act 1933 (c. 12)

12

The Children and Young Persons Act 1933 is amended as follows.

13

In section 5 (giving alcohol to a child under five) for “intoxicating liquor” substitute “ alcohol (within the meaning given by section 191 of the Licensing Act 2003, but disregarding subsection (1)(f) to (i) of that section) ”.

14

In section 12 (failing to provide for safety of children at entertainments)—

(a) in subsection (3) omit the words from “, and also” to the end,

(b) in subsection (5), for paragraph (a) substitute—

(a) in the case of a building in respect of which a premises licence authorising the provision of regulated entertainment has effect, be the duty of the relevant licensing authority;

, and

(5A) For the purposes of this section— (a) “premises licence” and “the provision of regulated entertainment” have the meaning given by the Licensing Act 2003, and (b) “the relevant licensing authority”, in relation to a building in respect of which a premises licence has effect, means the relevant licensing authority in relation to that building under section 12 of that Act.

15

In section 107 (interpretation), omit the definition of “intoxicating liquor”.

Public Health Act 1936 (c. 49)

16

In section 226 of the Public Health Act 1936 (power of local authority to close swimming bath and use it instead for other purposes)—

(a) for subsection (3) substitute—

(3) Nothing in this section shall authorise the use of a swimming bath or bathing place for the provision of regulated entertainment (within the meaning of the Licensing Act 2003), unless that activity is carried on under and in accordance with an authorisation (within the meaning given in section 136 of that Act).

, and

(b) omit subsection (4).

London Building Acts (Amendment) Act 1939 (c. xcvii)

17

In each of the following provisions of the London Building Acts (Amendment) Act 1939, for “the premises are so licensed” substitute “the premises are 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) for consumption on the premises”—

(a) section 11(9)(b) (exemption of licensed premises from provision as to naming of buildings),

(b) paragraph (A) of the proviso to section 13 (offences as to numbering or naming of buildings).

Civic Restaurants Act 1947 (c. 22)

18

In section 1(4) of the Civic Restaurants Act 1947 (civic restaurant authority to be subject to law relating to sale of alcohol), for “the enactments relating to the sale of intoxicating liquor” substitute “the Licensing Act 2003 and any other enactment relating to the sale of intoxicating liquor”.

London County Council (General Powers) Act 1947 (c. xlvi)

19

In section 6(1)(b) of the London County Council (General Powers) Act 1947 (saving in connection with the provision of entertainment for enactments relating to the sale of alcohol), for “any enactment relating to the sale of intoxicating liquor” substitute “the Licensing Act 2003 and any other enactment relating to the sale of intoxicating liquor”.

National Parks and Access to the Countryside Act 1949 (c. 97)

20

In each of the following provisions of the National Parks and Countryside Act 1949, for “intoxicating liquor” substitute “alcohol (within the meaning of the Licensing Act 2003)”—

(a) section 12(1)(a) (provision of facilities in National Park),

(b) section 54(2) (provision of facilities along long-distance routes).

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

21

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

22

In section 14(2)(a) (protection against insecurity of tenure of place of residence), after “premises” insert “in England and Wales 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) on the premises or in Scotland which are”.

23

In section 18(3)(a) (protection against insecurity of tenure in connection with employment), after “premises” insert “in England and Wales 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) on the premises for consumption on the premises or in Scotland which are”.

24

In section 27(1) (renewal of tenancy expiring during period of service), in the second paragraph (c), for the words “licensed for the sale of intoxicating liquor for consumption on the premises” substitute “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) for consumption on the premises”.

Hypnotism Act 1952 (c. 46)

25

The Hypnotism Act 1952 is amended as follows.

26

(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)

29

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

30

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

31

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

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)

48

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

49

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

50

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

51

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

52

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

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)

62

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

63

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

64

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

65

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

66

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

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”.

73

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

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

74

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)

93

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

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)—

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