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

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

Summary reviews in serious cases of crime or disorder

53A

(1) The chief officer of police of a police force for a police area may apply under this section to the relevant licensing authority for a review of the premises licence for any premises wholly or partly in that area if—

(a) the premises are licensed premises in relation to the sale of alcohol by retail; and

(b) a senior member of that force has given a certificate that it is his opinion that the premises are associated with serious crime or serious disorder or both;

and that certificate must accompany the application.

(2) On receipt of such an application, the relevant licensing authority must—

(a) within 48 hours of the time of its receipt, consider under section 53B whether it is necessary to take interim steps pending the determination of a review of the premises licence; and

(b) within 28 days after the day of its receipt, review that licence in accordance with section 53C and reach a determination on that review.

(3) The Secretary of State must by regulations—

(a) require a relevant licensing authority to whom an application for a review under this section has been made to give notice of the review to the holder of the premises licence and to every responsible authority;

(b) prescribe the period after the making of the application within which the notice under paragraph (a) must be given;

(c) require a relevant licensing authority to advertise the review, inviting representations about it to be made to the authority by the responsible authorities and other persons ;

(d) prescribe the period after the making of the application within which the advertisement must be published;

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

(f) require a notice or advertisement under paragraph (a) or (c) to specify the period prescribed under paragraph (e).

(4) In this section—

“senior member”, in relation to a police force, means a police officer who is a member of that force and of or above the rank of superintendent; and

“serious crime” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23) (see section 81(2) and (3) of that Act).

(5) In computing the period of 48 hours mentioned in subsection (2)(a) time that is not on a working day is to be disregarded.

Review of premises licence following review notice

53B

(1) This section applies to the consideration by a relevant licensing authority on an application under section 53A whether it is necessary to take interim steps pending the determination of the review applied for.

(2) The consideration may take place without the holder of the premises licence having been given an opportunity to make representations to the relevant licensing authority.

(3) The interim steps the relevant licensing authority must consider taking are—

(a) the modification of the conditions of the premises licence;

(b) the exclusion of the sale of alcohol by retail from the scope of the licence;

(d) the suspension of the licence.

(4) For the purposes of subsection (3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

(5) Where on its consideration of whether to take interim steps the relevant licensing authority does take one or more such steps—

(a) its decision takes effect immediately or as soon after that as that authority directs; but

(b) it must give immediate notice of its decision and of its reasons for making it to—

(i) the holder of the premises licence; and

(ii) the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

(6) Subject to subsection (9A), If the holder of the premises licence makes, and does not withdraw, representations against any interim steps taken by the relevant licensing authority, the authority must, within 48 hours of the time of its receipt of the representations, hold a hearing to consider those representations.

(7) The relevant licensing authority must give advance notice of the hearing to—

(a) the holder of the premises licence;

(b) the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

(8) At the hearing, the relevant licensing authority must—

(a) consider whether the interim steps are appropriate for the promotion of the licensing objectives; and

(b) determine whether to withdraw or modify the steps taken.

(9) In considering those matters the relevant licensing authority must have regard to—

(a) the certificate that accompanied the application;

(b) any representations made by the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated); and

(9A) Where the relevant licensing authority has determined under subsection (8) whether to withdraw or modify the interim steps taken, the holder of the premises licence may only make further representations under subsection (6) if there has been a material change in circumstances since the authority made its determination.

(10) In computing the period of 48 hours mentioned in subsection (6) time that is not on a working day is to be disregarded.

53C

(1) This section applies to a review of a premises licence which a relevant licensing authority has to conduct on an application under section 53A.

(2) The relevant licensing authority must—

(a) hold a hearing to consider the application for the review and any relevant representations; and

(b) take such steps mentioned in subsection (3) (if any) as it considers appropriate for the promotion of the licensing objectives; ...

(3) Those steps are—

(a) the modification of the conditions of the premises licence,

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

(d) the suspension of the licence for a period not exceeding three months, or

(e) the revocation of the licence.

(4) For the purposes of subsection (3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

(5) Subsection (2)(b) is subject to sections 19 to 21(requirement to include certain conditions in premises licences).

(6) Where the authority takes a step within subsection (3)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

(7) 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 (8).

(8) 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 53A(3)(e),

(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.

(9) 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.

(10) Where a relevant 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 premises licence,

(b) any person who made relevant representations, and

(c) the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

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

(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.

(12) Section 53D makes provision about the application and review of any interim steps that have been taken under section 53B in relation to a premises licence before a decision under this section comes into effect in relation to the licence.

Interim steps pending section 53C decision coming into effect

Fees

73A

Where a club premises certificate authorises the supply of alcohol to members or guests, the certificate must include any conditions specified in an order under section 73B and applicable to the certificate.

73B

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

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

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

(a) relate to existing or future relevant club premises certificates,

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

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

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

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

(i) identical to the existing conditions, or

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

(5) Any conditions included, or treated as included, in relevant club premises certificates by virtue of section 73A and this section cease to have effect so far as they cease to be specified under this section in relation to those certificates.

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

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

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

(9) In this section—

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

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

“relevant club premises certificate” means a club premises certificate authorising the supply of alcohol to members or guests.

Variation of certificates: minor variations

86A

(1) Subject to subsection (3), a club which holds a club premises certificate may apply under this section (instead of under section 84) to the relevant licensing authority for variation of the certificate.

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

(a) section 91 (form etc. of applications etc.);

(b) section 92 (fees to accompany applications etc.).

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

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

(b) add the supply of alcohol to members or guests as an activity authorised by the certificate, or

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

(ii) an increase in the amount of time on any day during which alcohol may be supplied to members or guests.

(4) The duty to make regulations imposed on the Secretary of State by subsection (6)(a) of section 71 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.

86B

(1) This section applies where the relevant licensing authority receives an application made under section 86A.

(2) In determining the application the authority must—

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

(b) take into account any relevant representations—

(i) made by those authorities, or

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

(3) If the authority considers that—

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

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

it must grant the application.

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

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

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

(a) the application is rejected, and

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

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

(a) an application rejected by virtue of that subsection (“the first application”) as a new application made under section 86A,

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

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

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

(10) For the purposes of this section—

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

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

86C

(1) Where an application is granted under section 86B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

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

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

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

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

(4) Where an application is rejected under section 86B, the relevant licensing authority must forthwith give a notice to that effect to the applicant.

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

Application for minor variation of club premises certificate

Club ceasing to be a qualifying club

Court’s duty to notify licensing authority of convictions

The relevant licensing authority

147A

(1) A person is guilty of an offence if—

(a) on 2 or more different occasions within a period of 3 consecutive months alcohol is unlawfully sold on the same premises to an individual aged under 18;

(b) at the time of each sale the premises were either licensed premises or premises authorised to be used for a permitted temporary activity by virtue of Part 5; and

(2) For the purposes of this section alcohol sold to an individual aged under 18 is unlawfully sold to him if—

(a) the person making the sale believed the individual to be aged under 18; or

(b) that person did not have reasonable grounds for believing the individual to be aged 18 or over.

(3) For the purposes of subsection (2) a person has reasonable grounds for believing an individual to be aged 18 or over only if—

(a) he asked the individual for evidence of his age and that individual produced evidence that would have convinced a reasonable person; or

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

(4) A person is, in relation to premises and a time, a responsible person for the purposes of subsection (1) if, at that time, he is—

(a) the person or one of the persons holding a premises licence in respect of the premises; or

(b) the person or one of the persons who is the premises user in respect of a temporary event notice by reference to which the premises are authorised to be used for a permitted temporary activity by virtue of Part 5.

(5) The individual to whom the sales mentioned in subsection (1) are made may, but need not be, the same in each case.

(6) The same sale may not be counted in respect of different offences for the purpose—

(a) of enabling the same person to be convicted of more than one offence under this section; or

(b) of enabling the same person to be convicted of both an offence under this section and an offence under section 146 or 147.

(7) In determining whether an offence under this section has been committed, the following shall be admissible as evidence that there has been an unlawful sale of alcohol to an individual aged under 18 on any premises on any occasion—

(a) the conviction of a person for an offence under section 146 in respect of a sale to that individual on those premises on that occasion;

(b) the giving to a person of a caution (within the meaning of Part 5 of the Police Act 1997) in respect of such an offence; or

(c) the payment by a person of a fixed penalty under Part 1 of the Criminal Justice and Police Act 2001 in respect of such a sale.

(8) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine.

(9) The Secretary of State may by order amend subsection (8) to increase the maximum fine for the time being specified in that subsection.

147B

(1) Where the holder of a premises licence is convicted of an offence under section 147A in respect of sales on the premises to which the licence relates, the court may order that so much of the licence as authorises the sale by retail of alcohol on those premises is suspended for a period not exceeding three months.

(2) Where more than one person is liable for an offence under section 147A relating to the same sales, no more than one order under subsection (1) may be made in relation to the premises in question in respect of convictions by reference to those sales.

(3) Subject to subsections (4) and (5), an order under subsection (1) comes into force at the time specified by the court that makes it.

(4) Where a magistrates' court makes an order under subsection (1), it may suspend its coming into force pending an appeal.

(5) Section 130 (powers of appellate court to suspend section 129 order) applies (with the omission of subsection (9)) where an order under subsection (1) is made on conviction of an offence under section 147A as it applies where an order under section 129 is made on conviction of a relevant offence in Part 6.

Form etc. of applications and notices under Part 6

Exposing alcohol for unauthorised sale

Power to prohibit sale of alcohol on trains

Closure notices

169A

(1) A relevant officer may give a notice under this section (a “closure notice”) applying to any premises if—

(a) there is evidence that a person (“the offender”) has committed an offence under section 147A in relation to those premises;

(b) the relevant officer considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted; and

(c) the offender is still, at the time when the notice is given, the holder of a premises licence in respect of those premises, or one of the holders of such a licence.

(2) A closure notice is a notice which—

(a) proposes a prohibition, for the period specified in the notice, on sales of alcohol on the premises in question; and

(b) offers the opportunity to discharge all criminal liability in respect of the alleged offence by the acceptance of the prohibition proposed by the notice.

(3) A closure notice must—

(a) be in the form prescribed by regulations made by the Secretary of State;

(b) specify the premises to which it applies;

(c) give such particulars of the circumstances believed to constitute the alleged offence (including the sales to which it relates) as are necessary to provide reasonable information about it;

(d) specify the length of the period during which it is proposed that sales of alcohol should be prohibited on those premises;

(e) specify when that period would begin if the prohibition is accepted;

(f) explain what would be the effect of the proposed prohibition and the consequences under this Act (including the maximum penalties) of a sale of alcohol on the premises during the period for which it is in force;

(g) explain the right of every person who, at the time of the alleged offence, held or was one of the holders of a premises licence in respect of those premises to be tried for that offence; and

(h) explain how that right may be exercised and how (where it is not exercised) the proposed prohibition may be accepted.

(4) The period specified for the purposes of subsection (3)(d) must be at least 48 hours but not more than 336 hours; and the time specified as the time from which that period would begin must be not less than 14 days after the date of the service of the closure notice in accordance with subsection (6).

(5) The provision included in the notice by virtue of subsection (3)(h) must—

(a) provide a means of identifying a police officer or trading standards officer to whom notice exercising the option to accept the prohibition may be given;

(b) set out particulars of where and how that notice may be given to that police officer or trading standards officer;

(d) explain that the right to be tried for the alleged offence will be taken to have been exercised unless every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition.

(6) Section 184 (giving of notices) does not apply to a closure notice; but such a notice must be served on the premises to which it applies.

(7) A closure notice may be served on the premises to which it applies—

(a) only by being handed by a constable or trading standards officer to a person on the premises who appears to the constable or trading standards officer to have control of or responsibility for the premises (whether on his own or with others); and

(b) only at a time when it appears to that constable or trading standards officer that licensable activities are being carried on there.

(8) A copy of every closure notice given under this section must be sent to the holder of the premises licence for the premises to which it applies at whatever address for that person is for the time being set out in the licence.

(9) A closure notice must not be given more than 3 months after the time of the last of the sales to which the alleged offence relates.

(10) No more that one closure notice may be given in respect of offences relating to the same sales; nor may such a notice be given in respect of an offence in respect of which a prosecution has already been brought.

(11) In this section “relevant officer” means—

(a) a police officer of the rank of superintendent or above; or

(b) an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.

169B

(1) This section applies where a closure notice is given under section 169A in respect of an alleged offence under section 147A.

(2) No proceedings may be brought for the alleged offence or any related offence at any time before the time when the prohibition proposed by the notice would take effect.

(3) If before that time every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition in the manner specified in the notice—

(a) that prohibition takes effect at the time so specified in relation to the premises in question; and

(b) no proceedings may subsequently be brought against any such person for the alleged offence or any related offence.

(4) If the prohibition contained in a closure notice takes effect in accordance with subsection (3)(a) in relation to any premises, so much of the premises licence for those premises as authorises the sale by retail of alcohol on those premises is suspended for the period specified in the closure notice.

(5) In this section “related offence”, in relation to the alleged offence, means an offence under section 146 or 147 in respect of any of the sales to which the alleged offence relates.

(6) The operation of this section is not affected by any contravention of section 169A(8).

Relaxation of opening hours for special occasions

Early morning alcohol restriction orders

172A

(1) If a licensing authority considers it appropriate for the promotion of the licensing objectives, it may, subject as follows, make an order under this section.

(2) An order under this section is an order providing that—

(a) premises licences and club premises certificates granted by the authority, and temporary event notices given to the authority, do not have effect to the extent that they authorise the sale of alcohol during the period specified in the order, and

(b) club premises certificates granted by the authority do not have effect to the extent that they authorise the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club during the period specified in the order.

(3) For the purposes of subsection (2)(a) and (b), the period that may be specified in the order must—

(a) begin no earlier than midnight, and

(b) end no later than 6am.

(4) It is immaterial for the purposes of an order under this section whether a premises licence or club premises certificate is granted, or a temporary event notice is given, before or after the order is made.

(5) An order under this section may provide that it is to apply—

(a) in relation to the same period of every day on which the order is to apply, or in relation to different periods of different days,

(b) every day or only on particular days (for example, particular days of the week or year),

(d) for a limited or unlimited period.

(6) An order under this section must specify—

(a) the days on which it is to apply and the period of those days,

(b) the area in relation to which it is to apply,

(d) the date from which it is to apply.

(7) An order under this section must—

(a) be in the prescribed form, and

(b) have the prescribed content.

172B

(1) A licensing authority proposing to make an order under section 172A must—

(a) advertise the proposed order in the prescribed manner, and

(b) hold a hearing to consider any relevant representations, unless the authority and each person who has made such representations agree that a hearing is unnecessary.

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

(a) are about the likely effect of the making of the proposed order on the promotion of the licensing objectives,

(b) are made to the licensing authority by an affected person, a responsible authority or any other person,

(d) have not been withdrawn, and

(e) in the case of representations made by a person who is not a responsible authority, are not, in the opinion of the licensing authority, frivolous or vexatious.

(3) In subsection (2)(b), “affected person” means—

(a) the holder of the premises licence or club premises certificate in respect of affected premises,

(b) the premises user in relation to a temporary event notice in respect of affected premises,

(c) a person who has applied for a premises licence or club premises certificate in respect of affected premises (where the application has not been determined), and

(d) a person to whom a provisional statement has been issued in respect of affected premises.

(4) In subsection (2)(b) and (e), “responsible authority” means—

(a) the licensing authority and any other licensing authority in whose area part of any affected premises is situated,

(b) the chief officer of police for a police area any part of which is in the area specified in the order,

(d) the ... Local Health Board for an area any part of which is in the area specified in the order,

(da) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the area specified in the order,

(e) the local weights and measures authority for any such area,

(f) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any such area,

(g) the local planning authority within the meaning given by the Town and Country Planning Act 1990 for any such area,

(h) the local authority by which statutory functions are exercisable in the area specified in the order in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

(i) a body which—

(i) represents those who, in relation to the area specified in the order, are responsible for, or interested in, matters relating to the protection of children from harm, and

(ii) is recognised by the licensing authority for the purposes of this section as being competent to advise on such matters,

(j) where affected premises are a vessel—

(i) a navigation authority (within the meaning given by section 221(1) of the Water Resources Act 1991) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is navigated at a time when it is used for licensable activities to which the proposed order relates,

(ii) the Environment Agency,

(iii) Canal & River Trust, and

(iv) the Secretary of State, and

(k) a prescribed person.

(5) Where a licensing authority determines for the purposes of subsection (2)(e) that any representations are frivolous or vexatious, it must notify the person who made them of its reasons for its determination.

(6) In this section—

“affected premises”, in relation to a proposed order, means premises in respect of which it applies from the date specified in it;

“statutory function” means a function conferred by or under an enactment.

Right of freeholder etc. to be notified of licensing matters

172C

(1) A licensing authority may not make an order under section 172A applying in relation to—

(a) an area not specified in the proposed order advertised under section 172B,

(b) a day not specified in that proposed order, or

(2) After making an order under section 172A a licensing authority must publish it or otherwise make it available—

(a) in the prescribed form and manner, and

(b) within the prescribed period.

172D

(1) A licensing authority may vary or revoke an order under section 172A.

(2) Sections 172B and 172C apply in relation to the variation or revocation of an order under section 172A as in relation to the making of such an order.

172E

(1) An order under section 172A does not apply in prescribed cases or circumstances.

(2) The cases referred to in subsection (1) may in particular be defined by reference to—

(a) particular kinds of premises, or

(b) particular days.

(3) An order under section 172A is subject to an order under section 172 (whether made before or afterwards), unless and to the extent that the order under section 172 provides otherwise.

Licence review for live music

Jurisdiction and procedure in respect of offences

Crown application

Vessels, vehicles and moveable structures

Repeals

The provision of regulated entertainment

Entertainment

Entertainment facilities

Power to amend Schedule

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

Film exhibitions: museums and art galleries

Music and film incidental to certain other activities

Use of television or radio receivers

Religious services, places of worship etc.

Garden fêtes, etc.

Morris dancing etc.

Sexual entertainment venues

11A

(1) The provision of relevant entertainment—

(a) at premises for which a licence for a sexual entertainment venue is required (or the requirement has been waived) by virtue of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, and

(b) of a kind, and in a way, by virtue of which the premises qualify as such a venue,

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

(2) The provision of relevant entertainment—

(a) at premises which are subject to a licence for a sexual entertainment venue but are not such a venue merely because of the operation of paragraph 2A(3)(b) of Schedule 3 to the Act of 1982, and

(b) of a kind, and in a way, by virtue of which the premises would qualify as such a venue but for the operation of that paragraph,

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

(3) The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is an integral part of such provision of relevant entertainment as falls within sub-paragraph (1) or (2).

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

(5) In this paragraph—

“premises” has the meaning given by paragraph 2A(14) of Schedule 3 to the Act of 1982;

“relevant entertainment” has the meaning given by paragraph 2A(2) of that Schedule to that Act;

“sexual entertainment venue” has the meaning given by paragraph 2A(1) of that Schedule to that Act.

Vehicles in motion

General

Plays

Film exhibitions

Indoor sporting events

Boxing or wrestling entertainments

Music

The provision of late night refreshment

Hot food or hot drink

Exempt supplies: clubs, hotels etc. and employees

Exempt supplies: premises licensed under certain other Acts

Miscellaneous exempt supplies

Clubs which are not recognised clubs: members and guests

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

21

An offence under section 46 of the Gambling Act 2005 if the child or young person was invited, caused or permitted to gamble on premises in respect of which a premises licence under this Act had effect.

22

An offence under the Fraud Act 2006.

23

An offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol.

Rejection of applications relating to premises licences

Decision to grant premises licence or impose conditions etc.

Issue of provisional statement

Variation of licence under section 35

Variation of licence to specify individual as premises supervisor

Transfer of licence

Interim authority notice

Review of premises licence

Summary review of premises licence

8A

(1) This paragraph applies where a review of a premises licence is decided under section 53A(2)(b) (review of premises licence following review notice).

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

(a) the chief officer of police for the police area (or each police area) in which the premises are situated,

(b) the holder of the premises licence, or

(3) In sub-paragraph (2) “relevant representations” has the meaning given in section 53C(7).

General provision about appeals under this Part

Rejection of applications relating to club premises certificates

Decision to grant club premises certificate or impose conditions etc.

Variation of club premises certificate

Review of club premises certificate

Withdrawal of club premises certificate

General provision about appeals under this Part

Temporary event notices

Personal licences

Closure orders

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

Disorderly Houses Act 1751 (c. 36)

Sunday Observance Act 1780 (c. 49)

Town Police Clauses Act 1847 (c. 89)

Cambridge Award Act 1856 (c. xvii)

Inebriates Act 1898 (c. 60)

Licensing Act 1902 (c. 28)

Celluloid and Cinematograph Film Act 1922 (c. 35)

Sunday Entertainments Act 1932 (c. 51)

Children and Young Persons Act 1933 (c. 12)

Public Health Act 1936 (c. 49)

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

Civic Restaurants Act 1947 (c. 22)

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

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

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

Hypnotism Act 1952 (c. 46)

Obscene Publications Act 1959 (c. 66)

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

Children and Young Persons Act 1963 (c. 37)

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

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

Finance Act 1967 (c. 54)

Criminal Appeal Act 1968 (c. 19)

Theatres Act 1968 (c. 54)

Gaming Act 1968 (c. 65)

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

Finance Act 1970 (c. 24)

Sunday Theatre Act 1972 (c. 26)

Local Government Act 1972 (c. 70)

Lotteries and Amusements Act 1976 (c. 32)

Rent Act 1977 (c. 42)

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

Alcoholic Liquor Duties Act 1979 (c. 4)

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

Magistrates' Courts Act 1980 (c. 43)

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

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

New Towns Act 1981 (c. 64)

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

Representation of the People Act 1983 (c. 2)

Video Recordings Act 1984 (c. 39)

Building Act 1984 (c. 55)

Police and Criminal Evidence Act 1984 (c. 60)

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

Cinemas Act 1985 (c. 13)

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

Housing Act 1985 (c. 68)

Sex Discrimination Act 1986 (c. 59)

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

Norfolk and Suffolk Broads Act 1988 (c. 4)

Housing Act 1988 (c. 50)

Town and Country Planning Act 1990 (c. 8)

Sunday Trading Act 1994 (c. 20)

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

Deregulation and Contracting Out Act 1994 (c. 40)

London Local Authorities Act 1995 (c. x)

Employment Rights Act 1996 (c. 18)

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

Police Act 1997 (c. 50)

London Local Authorities Act 2000 (c. vii)

Private Security Industry Act 2001 (c. 12)

Criminal Justice and Police Act 2001 (c. 16)

Introductory

Application for conversion of existing licence

Police consultation

Determination of application

Notification of determination and issue of new licence

The new licence

Variation of new licence

Existing licence revoked after grant of new licence

Appeals

False statements

Opening hours

Provisional licences

Introductory

Application for conversion of existing club certificate

Police consultation

Determination of application

Notification of determination and issue of new certificate

The new certificate

Variation of new certificate

Existing club certificate revoked after grant of new certificate

Appeals

False statements

Introductory

Section 120 disapplied

Police objections

Determination of application

Appeals

Interpretation of Part 3

Consultation on licensing policy

Meaning of “methylated spirits” (transitory provision)

Savings

Interpretation

Editorial notes

[^c20992751]: S. 10 applied (with modifications) (21.5.2007) by Gambling Act 2005 (c. 19), ss. 154(3)(4), 358 (with ss. 352, 354); S.I. 2006/3272, art. 2(2), Sch. 2 (with savings and transitional provisions in Sch. 4) (as amended by S.I. 2007/1157)

[^c20992791]: S. 10(4)(a)(via) inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 22(1)(a), 66(2)(3); S.I. 2007/2180, art. 3(a)

[^c20992831]: S. 10(4)(ba) inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 22(1)(b), 66(2)(3); S.I. 2007/2180, art. 3(a)

[^c20992911]: S. 9 applied (21.5.2007) by Gambling Act 2005 (c. 19), ss. 154(5), 358 (with ss. 352, 354); S.I. 2006/3272, art. 2(2), Sch. 2 (with savings and transitional provisions in Sch. 4) (as amended by S.I. 2007/1157)

[^c20993111]: S. 9 applied (1.12.2007) by Gambling Act 2005 (c. 19), ss. 232(4), 358 (with ss. 352, 354); S.I. 2007/3155, art. 2

[^c20993641]: S. 7(9) applied (21.5.2007) by Gambling Act 2005 (c. 19), ss. 154(3), 358 (with ss. 352, 354); S.I. 2006/3272, art. 2(2), Sch. 2 (with savings and transitional provisions in Sch. 4) (as amended by S.I. 2007/1157)

[^c20993691]: S. 10 applied (with modifications) (1.12.2007) by Gambling Act 2005 (c. 19), ss. 232(2)(3), 358 (with ss. 352, 354); S.I. 2007/3155, art. 2

[^c20993721]: S. 7(9) applied (1.12.2007) by Gambling Act 2005 (c. 19), ss. 232(2), 358 (with ss. 352, 354); S.I. 2007/3155, art. 2

[^c20993731]: S. 16(1)(i) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 16 otherwise in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.

[^c20993831]: S. 16(3): words in definition of "health service body" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 236 (with Sch. 3)

[^c20993961]: Words in s. 16(1)(g) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813, art. 12(a)(i)

[^c20993991]: S. 16(1)(ga) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813, art. 12(a)(ii)

[^c20994011]: Words in s. 16(3) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813, art. 12(b)

[^c20994031]: S. 16(4) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813, art. 12(c)

[^c20994051]: S. 57: word in heading inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(2); S.I. 2010/125, art. 2(t)

[^c20994071]: Words in s. 57(2) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(3); S.I. 2010/125, art. 2(t)

[^c20994101]: Words in s. 57(5) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(4)(a); S.I. 2010/125, art. 2(t)

[^c20994121]: Words in s. 57(5) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(4)(b); S.I. 2010/125, art. 2(t)

[^c20994141]: Words in s. 57(7) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(5); S.I. 2010/125, art. 2(t)

[^c20994161]: S. 57(11) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 37(6); S.I. 2010/125, art. 2(t)

[^c20994451]: S. 94: word in heading inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(2); S.I. 2010/125, art. 2(t)

[^c20994651]: Words in s. 94(2) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(3); S.I. 2010/125, art. 2(t)

[^c20994691]: Words in s. 94(7) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(4); S.I. 2010/125, art. 2(t)

[^c20994771]: Words in s. 94(9) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(5); S.I. 2010/125, art. 2(t)

[^c20994811]: S. 94(13) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(6); S.I. 2010/125, art. 2(t)

[^c20995141]: S. 197(3)(ca) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 23(3)(a), 66(2)(3); S.I. 2007/858, art. 2(a)

[^c20995181]: Word in s. 197(4) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 23(3)(b), 66(2)(3); S.I. 2007/858, art. 2(a)

[^c20995201]: S. 197(4A) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 23(3)(c), 66(2)(3); S.I. 2007/858, art. 2(a)

[^c20995381]: S. 197(3)(aa) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 44(2); S.I. 2010/125, art. 2(t)

[^c20995441]: Words in s. 197(4) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 44(3); S.I. 2010/125, art. 2(t)

[^c20995641]: S. 47(2)(a) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 47 otherwise in force at 24.11.2005 by S.I. 2005/3056, art. 2 (with Sch.)

[^c20995881]: S. 47(5)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 46(3)(a) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2

[^c20995981]: S. 47(10): definition of "mentally incapable" repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 46(3)(b), Sch. 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2

[^c20996841]: S. 47(7A) inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(8) (with regs. 2, 5)

[^c20996951]: Words in s. 47(2)(7)(a) substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 2(1)(a) (with art. 4)

[^c20997061]: S. 47(10): definition of initial seven day period" substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 2(1)(b)(i) (with art. 4)

[^c20997081]: S. 47(10): words in definition of "interim authority period" substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 2(1)(b)(ii) (with art. 4)

[^c20998221]: Words in Sch. 5 para. 9(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

[^c20998241]: Words in Sch. 5 para. 9(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

[^c20998331]: Words in Sch. 5 para. 15(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

[^c20998341]: Words in Sch. 5 para. 15(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

[^c20998371]: Words in s. 16(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

[^c20998381]: Words in s. 16(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(a)

[^c20998411]: Words in Sch. 5 para. 17(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(b)(i)

[^c20998461]: Words in Sch. 5 para. 17(7) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(b)(ii)

[^c20998481]: Words in Sch. 5 para. 18(3)(4) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(c)(i)

[^c20998511]: Words in Sch. 5 para. 18(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(c)(ii)

[^c20998531]: Sch. 5 para. 18(7): definition of "appropriate magistrates' court" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 93(d)

[^c20999881]: Words in s. 104(3) substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 3 (with art. 4)

[^c20999951]: Words in s. 42(5) substituted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(6) (with regs. 2, 5)

[^c20999991]: S. 42(5A) inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(7) (with regs. 2, 5)

[^c21000031]: Words in s. 48(1)(b) substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 2(2)(a) (with art. 4)

[^c21000061]: Words in s. 48(2) substituted (1.10.2010) by The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010 (S.I. 2010/2452), art. 2(2)(b) (with art. 4)

[^c21000101]: S. 17(3)(b)(c)(4)(5) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 17 otherwise in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.

[^c21000111]: S. 17(5)(b) omitted (28.12.2009) by virtue of The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(2)(a) (with regs. 2, 5)

[^c21000131]: S. 17(6) inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(2)(b) (with regs. 2, 5)

[^c21000151]: S. 71(4)(b)(5)(6) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 71 in force otherwise at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.

[^c21000181]: S. 71(6)(b) omitted (28.12.2009) by virtue of The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(9)(a) (with regs. 2, 5)

[^c21000201]: S. 71(7) inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(9)(b) (with regs. 2, 5)

[^c21000352]: S. 13(2)(f)(4)(i) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 13 in force otherwise at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.

[^c21000361]: Words in s. 13(4)(b) substituted (7.9.2004 for E. for certain purposes and 1.10.2004 otherwise and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 98(2)(3)(b); S.I. 2004/2304, art. 2(1){(2)}; S.I. 2004/2917, art. 2

[^c21000461]: S. 13(2)(b) substituted (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 53(1), Sch. 2 para. 50(2) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

[^c21000511]: Words in s. 5(3)(b) substituted (7.9.2004 for E. for certain purposes and 1.10.2004 otherwise and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 98(2)(3)(b); S.I. 2004/2304, art. 2(1){(2)}; S.I. 2004/2917, art. 2

[^c21000521]: Words in s. 21(1) substituted (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 25(2), 66(2)(b)

[^c21000541]: Words in s. 21(3)(a) inserted (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 25(3), 66(2)(b)

[^c21000632]: S. 69(2)(f)(4)(i) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 69 otherwise in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.

[^c21000641]: Words in s. 69(4)(b) substituted (7.9.2004 for E. for certain purposes and 1.10.2004 otherwise and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 98(2)(3)(c); S.I. 2004/2304, art. 2(1){(2)}; S.I. 2004/2917, art. 2

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.