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

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

authorised for the purposes of this Act.

Duty to keep and produce temporary event notice

109

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

(2) The premises user must either—

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

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

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

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

(i) his custody, or

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

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

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

(5) Where—

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

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

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

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

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

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

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

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

Miscellaneous

Theft, loss, etc. of temporary event notice

110

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

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

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

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

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

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

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

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

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

Part 6 — Personal licences

Introductory

Personal licence

111

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

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

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

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

(a) selling alcohol by retail, or

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

The relevant licensing authority

112

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

Meaning of “relevant offence” and “foreign offence”

113

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Spent convictions

114

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

Period of validity of personal licence

115

(1) A personal licence has effect indefinitely.

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

(a) section 116 (surrender),

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

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

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

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

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

Surrender of personal licence

116

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

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

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

Grant ... of licences

Application for grant or renewal of personal licence

117

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

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

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

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

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

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

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

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

Individual permitted to hold only one personal licence

118

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

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

Licence continued pending renewal

119

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

Determination of application for grant

120

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

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

(a) the applicant is aged 18 or over,

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

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

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

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

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

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

(5) Where, having regard to—

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

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

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

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

(a) convicted of an immigration offence,

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

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

(5B) Where, having regard to—

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

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

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

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

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

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

(b) having regard to the notice, must—

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

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

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

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

(a) a qualification—

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

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

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

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

(9) For this purpose—

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

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

Determination of application for renewal

121

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

Notification of determinations

122

(1) Where a licensing authority grants an application—

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

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

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

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

(3) In this section—

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

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

Duty to notify licensing authority of convictions during application period

123

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

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

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

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

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

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

Convictions coming to light after grant or renewal

124

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

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

(3) Where, having regard to—

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

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

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

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

(a) convicted of an immigration offence,

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

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

(3B) Where, having regard to—

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

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

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

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

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

(b) having regard to the notice, must —

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

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

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

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

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

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

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

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

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

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

Form of personal licence

125

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

(2) The licence must—

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

(b) identify the licensing authority which granted it.

(3) It must also contain a record of—

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

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

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

Theft, loss, etc. of personal licence

126

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

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

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

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

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

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

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

Duty to notify certain changes

Duty to notify change of name or address

127

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

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

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

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

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

Conviction of licence holder for relevant offence

Duty to notify court of personal licence

128

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

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

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

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

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

(b) before—

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

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

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

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

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

(4) Where—

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

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

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

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

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

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

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

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

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

Forfeiture or suspension of licence on conviction for relevant offence

129

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

(2) The court may—

(a) order the forfeiture of the licence, or

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

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

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

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

Powers of appellate court to suspend order under section 129

130

(1) This section applies where—

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

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

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

(3) Where the offender—

(a) appeals to the Crown Court, or

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

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

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

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

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

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

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

(6) Where the offender—

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

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

the High Court may suspend the section 129 order.

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

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

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

Court’s duty to notify licensing authority of convictions

131

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Licence holder’s duty to notify licensing authority of convictions

132

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

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

(b) is convicted of a foreign offence.

(2) The holder must—

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

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

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

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

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

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

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

General provision

Form etc. of applications and notices under Part 6

133

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

(a) its form,

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

(2) Regulations may also—

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

(b) prescribe the amount of the fee.

Licensing authority’s duty to update licence document

134

(1) Where—

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

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

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

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

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

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

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

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

Production of licence

Licence holder’s duty to produce licence

135

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

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

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

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

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

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

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

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

Part 7 — Offences

Unauthorised licensable activities

136

(1) A person commits an offence if—

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

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

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

(a) performs in a play,

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

(d) performs live music,

(e) plays recorded music,

(f) performs dance, or

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

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

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

(5) In this Part “authorisation” means—

(a) a premises licence,

(b) a club premises certificate, or

Exposing alcohol for unauthorised sale

137

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

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

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

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

Keeping alcohol on premises for unauthorised sale etc.

138

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

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

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

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

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

Defence of due diligence

139

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

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

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

(2) This subsection applies to an offence under—

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

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

Drunkenness and disorderly conduct

Allowing disorderly conduct on licensed premises etc.

140

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

(2) This subsection applies—

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

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

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

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

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

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

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

Sale of alcohol to a person who is drunk

141

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

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

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

(2) This subsection applies—

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

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

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

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

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

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

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

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

Obtaining alcohol for a person who is drunk

142

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

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

Failure to leave licensed premises etc.

143

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

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

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

(2) This subsection applies—

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

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

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

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

(c) in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who is present on the premises in a capacity which enables him to make such a request, and

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

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

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

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

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

Smuggled goods

Keeping of smuggled goods

144

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

(2) This subsection applies—

(a) to any person who works at the premises in a capacity, whether paid or unpaid, which gives him authority to prevent the keeping of the goods on the premises,

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

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

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

(c) in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who is present on the premises at any time when the goods are kept on the premises in a capacity which enables him to prevent them being so kept, and

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

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

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

Children and alcohol

Unaccompanied children prohibited from certain premises

145

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

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

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

(2) For the purposes of this section—

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

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

(3) This subsection applies—

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

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

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

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

(c) in the case of premises in respect of which a club premises certificate has effect, to any member or officer of the club which holds the certificate who is present on the premises in a capacity which enables him to make such a request, and

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

(4) Relevant premises are within this subsection if—

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

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

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

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

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

(b) either—

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

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

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

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

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

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

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

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

(a) the sale by retail of alcohol, or

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

Sale of alcohol to children

146

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

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

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

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

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

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

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

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

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

(b) either—

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

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

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

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

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

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

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

Allowing the sale of alcohol to children

147

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

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

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

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

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

(4) This subsection applies to—

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

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

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

Sale of liqueur confectionery to children under 16

148

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Purchase of alcohol by or on behalf of children

149

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

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

(b) where he is a member of a club—

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

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

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

(a) a constable, or

(b) a weights and measures inspector,

who is acting in the course of his duty.

(3) A person commits an offence if—

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

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

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

(ii) attempts to make such arrangements.

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

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

(b) where he is a member of a club—

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

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

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

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

(b) the individual is aged 16 or 17,

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

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

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

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

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

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

Consumption of alcohol by children

150

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

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

(3) This subsection applies—

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

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

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

(a) the individual is aged 16 or 17,

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

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

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

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

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

Delivering alcohol to children

151

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

(a) alcohol sold on the premises, or

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

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

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

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

(5) This subsection applies—

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

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

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

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

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

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

Sending a child to obtain alcohol

152

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

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

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

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

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

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

(a) a constable, or

(b) a weights and measures inspector,

who is acting in the course of his duty.

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

Prohibition of unsupervised sales by children

153

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

(a) any sale of alcohol, or

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

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

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

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

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

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

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

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

(a) in relation to licensed premises—

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

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

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

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

(i) the premises user, or

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

Enforcement role for weights and measures authorities

154

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

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

Confiscation of alcohol

Confiscation of sealed containers of alcohol

155

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

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

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

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

Vehicles and trains

Prohibition on sale of alcohol on moving vehicles

156

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

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

(3) In proceedings against a person for an offence under this section, it is a defence that—

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

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

Power to prohibit sale of alcohol on trains

157

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

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

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

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

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

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

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

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

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

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

(7) In this section—

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

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

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

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

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

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

False statement relating to licensing etc.

False statements made for the purposes of this Act

158

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

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

(b) an application for a provisional statement,

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

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

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

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

Interpretation

Interpretation of Part 7

159

In this Part—

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

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

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

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

Part 8 — Closure of premises

Closure of premises in an identified area

Orders to close premises in area experiencing disorder

160

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

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

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

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

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

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

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

(5) This subsection applies—

(a) to any manager of the premises,

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

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

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

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

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

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

Closure of identified premises

Closure orders for identified premises

161

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Extension of closure order

162

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

Cancellation of closure order

163

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

Application to magistrates' court by police

164

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

Consideration of closure order by magistrates' court

165

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Appeal from decision of magistrates' court

166

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Review of premises licence following closure order

167

(1) This section applies where—

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

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

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

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

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

(4) The Secretary of State must by regulations—

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

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

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

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

(5) The relevant licensing authority must—

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

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

(6) Those steps are—

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

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

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

(e) to revoke the licence;

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

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

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

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

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

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

(10) The requirements are—

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

(b) that they have not been withdrawn, and

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

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

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

(a) the holder of the licence,

(b) any person who made relevant representations, and

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

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

Provision about decisions under section 167

168

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

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

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

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

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

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

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

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

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

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

(6) Subsection (7) applies where—

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

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

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

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

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

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

Enforcement of closure order

169

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

Exemption of police from liability for damages

170

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

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

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

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

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

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

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

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

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

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

Interpretation

Interpretation of Part 8

171

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

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

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

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

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

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

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

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

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

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

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

(5) The following expressions have the meanings given—

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

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

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

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

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

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

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

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

(a) the time it is withdrawn,

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

whichever first occurs.

Part 9 — Miscellaneous and supplementary

Special occasions

Relaxation of opening hours for special occasions

172

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

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

(3) An order under this section may—

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

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

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

(5) In this section—

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

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

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

Exemptions etc.

Activities in certain locations not licensable

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