Licensing Act 2003 (c. 17)

(The document as of February, 2008)

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(ii) any order under section 165(2), and

(iii) any relevant representations, and

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

(6) Those steps are--

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

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

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

(e) to revoke the licence;

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

(7) Subsection (5)(b) is subject to sections 19, 20 and 21 (requirement to include certain conditions in premises licences).

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

(9) In this section "relevant representations" means representations which--

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

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

(10) The requirements are--

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

(b) that they have not been withdrawn, and

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

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

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

(a) the holder of the licence,

(b) any person who made relevant representations, and

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

(14) In this section "interested party" and "responsible authority" have the same meaning as in Part 3.

168 Provision about decisions under section 167

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

(2) In this section "the relevant time", in relation to any decision, means--

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

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

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

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

(b) the premises to which the licence relates have been closed, by virtue of an order under section 165(2)(b), (c) or (d), until that decision was made.

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

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

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

(6) Subsection (7) applies where--

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

(b) the premises to which the licence relates have been closed, by virtue of an order under section 165(2)(b), (c) or (d), until that decision was made.

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

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

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

(9) A person guilty of an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000, or to both.

169 Enforcement of closure order

A constable may use such force as may be necessary for the purposes of closing premises in compliance with a closure order.

170 Exemption of police from liability for damages

(1) A constable is not liable for relevant damages in respect of any act or omission of his in the performance or purported performance of his functions in relation to a closure order or any extension of it.

(2) A chief officer of police is not liable for relevant damages in respect of any act or omission of a constable under his direction or control in the performance or purported performance of a function of the constable's in relation to a closure order or any extension of it.

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

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

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

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

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

Interpretation

171 Interpretation of Part 8

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

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

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

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

(3) But in determining whether relevant premises are open the following are to be disregarded--

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

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

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

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

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

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

(5) The following expressions have the meanings given--

"appropriate person", in relation to any relevant premises, means--
(a)
any person who holds a premises licence in respect of the premises,
(b)
any designated premises supervisor under such a licence,
(c)
the premises user in relation to any temporary event notice which has effect in respect of the premises, or
(d)
a manager of the premises;
"closure order" has the meaning given in section 161(2);
"extension", in relation to a closure order, means an extension of the order under section 162;
"manager", in relation to any premises, means a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to close them;
"relevant licensing authority", in relation to any licensed premises, has the same meaning as in Part 3;
"relevant magistrates' court", in relation to any relevant premises, means a magistrates' court acting for the petty sessions area in which the premises are situated;
"relevant premises" has the meaning given in section 161(8);
"responsible senior police officer", in relation to a closure order, means--
(a)
the senior police officer who made the order, or
(b)
if another senior police officer is designated for the purpose by the chief officer of police for the police area in which the premises are situated, that other officer;
"senior police officer" has the meaning given in section 161(8).

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

(a) the time it is withdrawn,

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

whichever first occurs.

Part 9 Miscellaneous and supplementary

Special occasions

172 Relaxation of opening hours for special occasions

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

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

(3) An order under this section may--

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

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

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

(5) In this section--

"opening hours" means--
(a)
in relation to a premises licence, the times during which the premises may be used for licensable activities in accordance with the licence, and
(b)
in relation to a club premises certificate, the times during which the premises may be used for qualifying club activities in accordance with the certificate;
"relaxation period" means--
(a)
if the celebration period does not exceed four days, that period, or
(b)
any part of that period not exceeding four days; and
"specified", in relation to a licensing hours order, means specified in the order.

Exemptions etc.

173 Activities in certain locations not licensable

(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)
a journey from a place in the United Kingdom to an immediate destination outside the United Kingdom, or
(b)
a 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).

174 Certifying of premises on grounds of national security

(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).

175 Exemption for raffle, tombola, etc.

(1) The conduct of a lottery which, but for this subsection, would to any extent constitute a licensable activity by reason of one or more of the prizes in the lottery consisting of alcohol, is not (for that reason alone) to be treated as constituting a licensable activity if--

(a) the lottery is promoted as an incident of an exempt entertainment,

(b) after the deduction of all relevant expenses, the whole proceeds of the entertainment (including those of the lottery) are applied for purposes other than private gain, and

(2) This subsection applies if--

(a) the alcohol consists of or includes alcohol not in a sealed container,

(b) any prize in the lottery is a money prize,

(c) a ticket or chance in the lottery is sold or issued, or the result of the lottery is declared, other than at the premises where the entertainment takes place and during the entertainment, or

(d) the opportunity to participate in a lottery or in gaming is the only or main inducement to attend the entertainment.

(3) For the purposes of subsection (1)(b), the following are relevant expenses--

(a) the expenses of the entertainment, excluding expenses incurred in connection with the lottery,

(b) the expenses incurred in printing tickets in the lottery,

(c) such reasonable and proper expenses as the promoters of the lottery appropriate on account of any expenses they incur in buying prizes in the lottery.

(4) In this section--

"exempt entertainment" has the same meaning as in section 3(1) of the Lotteries and Amusements Act 1976 (c. 32);
"gaming" has the meaning given by section 52 of the Gaming Act 1968 (c. 65);
"money" and "ticket" have the meaning given by section 23 of the Lotteries and Amusements Act 1976; and
"private gain", in relation to the proceeds of an entertainment, is to be construed in accordance with section 22 of that Act.

Service areas and garages etc.

176 Prohibition of alcohol sales at service areas, garages etc.

(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

177 Dancing and live music in certain small premises

(1) Subsection (2) applies where--

(a) a premises licence authorises--

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

(ii) the provision of music entertainment, 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 the provision of music entertainment, and

(b) subsection (4) does not apply,

any licensing authority imposed condition of the premises licence which relates to the provision of music entertainment does not have effect, in relation to the provision of that entertainment, unless it falls within subsection (5) or (6).

(3) Subsection (4) applies where--

(a) a premises licence authorises the provision of music entertainment, and

(b) the premises have a permitted capacity of not more than 200 persons.

(4) At any time between the hours of 8 a.m. and midnight when the premises--

(a) are being used for the provision of music entertainment which consists of--

(i) the performance of unamplified, live music, or

(ii) facilities for enabling persons to take part in entertainment within sub-paragraph (i), but

(b) are not being used for the provision of any other description of regulated entertainment,

any licensing authority imposed condition of the premises licence which relates to the provision of the music entertainment does not have effect, in relation to the provision of that entertainment, unless it falls within subsection (6).

(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 necessary 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;
"music entertainment" means--
(a)
entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) or (g) of Schedule 1, or
(b)
facilities enabling persons to take part in entertainment within paragraph (a);
"permitted capacity", in relation to any premises, means--
(a)
where a fire certificate issued under the Fire Precautions Act 1971 (c. 40) is in force in respect of the premises and that certificate imposes a requirement under section 6(2)(d) of that Act, the limit on the number of persons who, in accordance with that requirement, may be on the premises at any one time, and
(b)
in any other case, 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 authority for the area in which the premises are situated (or, if the premises are situated in the area of more than one fire authority, those authorities); and
"supply of alcohol" means--
(a)
the sale by retail of alcohol, or
(b)
the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

Rights of freeholders etc.

178 Right of freeholder etc. to be notified of licensing matters

(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

179 Rights of entry to investigate licensable activities

(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.

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

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

(4) A person commits an offence if he intentionally obstructs an authorised person 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)
a premises licence,
(b)
a club premises certificate, or
(c)
a temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied; and
"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).

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

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