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

173

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

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

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

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

(e) at a royal palace,

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

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

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

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

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

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

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

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

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

(6) For the purposes of this section—

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

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

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

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

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

Certifying of premises on grounds of national security

174

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

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

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

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

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

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

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

Exemption for raffle, tombola, etc.

175

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

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

Service areas and garages etc.

Prohibition of alcohol sales at service areas, garages etc.

176

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

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

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

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

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

(4) For the purposes of this section—

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

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

(i) the retailing of petrol,

(ii) the retailing of derv,

(iii) the sale of motor vehicles,

(iv) the maintenance of motor vehicles.

Small premises

Dancing and live music in certain small premises

177

(1) Subsection (2) applies where—

(a) a premises licence authorises—

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

(ii) dancing, and

(b) the premises—

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

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

(2) At any time when—

(a) the premises—

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

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

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

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

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

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

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

(a) the prevention of crime and disorder,

(b) public safety.

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

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

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

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

(8) In this section—

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

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

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

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

Rights of freeholders etc.

Right of freeholder etc. to be notified of licensing matters

178

(1) This section applies where—

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

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

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

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

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

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

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

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

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

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

(5) In this section—

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

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

Rights of entry

Rights of entry to investigate licensable activities

179

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

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

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

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

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

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

(6) In this section—

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

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

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

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

Right of entry to investigate offences

180

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

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

Appeals

Appeals against decisions of licensing authorities

181

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

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

(a) dismiss the appeal,

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

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

Guidance, hearings etc.

Guidance

182

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

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

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

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

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

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

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

Hearings

183

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

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

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

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

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

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

Giving of notices, etc.

184

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

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

(a) the principal office of the authority, or

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

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

(4) A relevant document may—

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

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

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

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

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

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

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

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

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

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

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

Provision of information

185

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

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

(a) to a licensing authority, or

(b) to a responsible authority,

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

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

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

General provisions about offences

Proceedings for offences

186

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

(2) Proceedings for an offence may be instituted—

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

(b) by the Director of Public Prosecutions, or

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

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

Offences by bodies corporate etc.

187

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jurisdiction and procedure in respect of offences

188

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

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

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

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

(5) Proceedings for an offence may be taken—

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

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

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

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

Vessels, vehicles and moveable structures

189

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

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

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

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

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

Interpretation

Location of sales

190

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

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

Meaning of “alcohol”

191

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

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

(b) perfume,

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

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

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

(f) denatured alcohol,

(g) methyl alcohol,

(h) naphtha, or

(i) alcohol contained in liqueur confectionery.

(2) In this section—

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

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

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

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

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

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

Meaning of “sale by retail”

192

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

(a) is within subsection (2),

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

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

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

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

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

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

Other definitions

193

(1) In this Act—

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

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

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

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

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

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

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

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

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

“prescribed” means prescribed by regulations;

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

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

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

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

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

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

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

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

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

Index of defined expressions

194

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

Supplementary and general

Crown application

195

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

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

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

(2) This Act also applies to—

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

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

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

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

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

Removal of privileges and exemptions

196

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

Regulations and orders

197

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

(2) Regulations or an order under this Act—

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

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

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

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

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

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

(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

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