The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

Made: 11th September 2014

Coming into force: 1st October 2014

In accordance with sections 19A(1) and 73B(1) of that Act, the Secretary of State considers it appropriate for the promotion of the licensing objectives to specify the conditions set out in this Order.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014 and comes into force on 1st October 2014.

• (2) In this Order “the 2010 Order” means the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010[^f00003].

Amendment of the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

2

• (1) The 2010 Order is amended in accordance with paragraphs (2) and (3).

• (2) In article 3(3) for “1 to 3 and 5” substitute “1, 2 and 4”.

• (3) For the Schedule substitute the Schedule set out in the Schedule to this Order.

Saving provision: irresponsible promotions

3

• (1) Notwithstanding the substitution of the Schedule to the 2010 Order by article 2 of this Order, paragraph 1(2)(b) of the Schedule to the 2010 Order as in force immediately before the coming into force of this Order shall continue to have effect in relation to a relevant activity.

• (2) In this article, “relevant activity” means an activity which—

• (a) is not prohibited by paragraph 1(2)(b) of the Schedule to the 2010 Order as in force immediately before the coming into force of this Order only by virtue of it being available to an individual in respect of alcohol for consumption at a table meal as defined in section 159 of the Licensing Act 2003,

• (b) is available only to an individual who holds a ticket or other written invitation in respect of that activity which was purchased by, or given to, that individual on or before 30th September 2014, and

• (c) takes place on or before 5th April 2015.

SCHEDULE

Signed

Norman Baker — Minister of State — Home Office — 11th September 2014

Explanatory note

(This note is not part of this Order)

EXPLANATORY NOTE

Sections 19A and 73B of the Licensing Act 2003 (“the 2003 Act”) provide for the Secretary of State to prescribe by order up to nine mandatory conditions applicable to relevant premises licences and club premises certificates. Relevant premises licences and relevant club premises certificates are those authorising the supply of alcohol to the public in licensed premises or to members or guests of clubs in club premises.

This Order amends the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 (“the 2010 Order”).

The Schedule to this Order sets out the four mandatory conditions which apply to relevant premises licences and club premises certificates from the date of coming into force of the Order as provided in article 1. The conditions apply to all relevant premises licences and all relevant club premises certificates authorising consumption of alcohol on the premises, with the exception of the condition in paragraph 3 of the Schedule, requiring an age verification policy to be adopted, which applies in addition to licences and certificates which permit the supply of alcohol only for consumption off the premises.

Article 3 makes provision to the effect that an activity which is not prohibited by paragraph 1(2)(b) of the Schedule to the 2010 Order, as it was in force immediately before the coming into force of this Order, because it related to alcohol consumed at a table meal (as defined in section 159 of the 2003 Act), will continue not to be prohibited provided certain conditions are met; these are that the activity is available only to an individual who holds a ticket or other written invitation in respect of that activity which was purchased by, or given to, that individual on or before 30th September 2014, and the activity takes place on or before 5th April 2015.

A full regulatory impact assessment on the effect of this instrument is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 2003 c. 17; sections 19A and 73B were inserted by paragraphs 2 and 4 respectively of Schedule 4 to the Policing and Crime Act 2009 (c. 26).

[^f00002]: Section 197(4) was amended by paragraphs 29 and 44 of Schedule 7 to the Policing and Crime Act 2009.

[^f00003]: S.I. 2010/860.