Licensing Act 2003 (c. 17)

(The document as of February, 2008)

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(b) the descriptions of entertainment specified in paragraph 3,

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

(c) provide information, education or instruction.

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 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 incidental to some other activity which is not itself--

(a) a description of entertainment falling within paragraph 2, or

(b) the provision of entertainment facilities.

Use of television or radio receivers

8 The provision of any entertainment or entertainment facilities 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 or entertainment facilities--

(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 or entertainment facilities 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 22 of the Lotteries and Amusements Act 1976 (c. 32).

Morris dancing etc.

11 The provision of any entertainment or entertainment facilities 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 a performance of unamplified, live music as an integral part of such a performance , or

(b) facilities for enabling persons to take part in entertainment of a description falling within paragraph (a).

Vehicles in motion

12 The provision of any entertainment or entertainment facilities--

(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, and

• "sport" includes--

  (a)

  any game in which physical skill is the predominant factor, and

  (b)

  any 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.

Music

18 "Music" includes vocal or instrumental music or any combination of the two.

Section 1

SCHEDULE 2 Provision of late night refreshment

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 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,

(c) he is an employee of a particular employer,

(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

(c) any other premises the main purpose of maintaining which is the provision of facilities for overnight accommodation.

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,

(c) the supply of hot food or hot drink free of charge,

(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 under section 3 of the Charities Act 1993 (c. 10), or

(b) a charity which by virtue of subsection (5) 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.

Section 8

SCHEDULE 3 Matters to be entered in licensing register

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

(a)

any application made to the licensing authority under section 17 (grant of premises licence),

(b)

any application made to it under section 25 (theft etc. of premises licence or summary),

(c)

any notice given to it under section 28 (surrender of premises licence),

(d)

any application made to it under section 29 (provisional notice in respect of premises),

(e)

any notice given to it under section 33 (change of name, etc. of holder of premises licence),

(f)

any application made to it under section 34 (variation of premises licence),

(g)

any application made to it under section 37 (variation of licence to specify individual as premises supervisor),

(h)

any notice given to it under section 41 (request from designated premises supervisor for removal from premises licence),

(i)

any application made to it under section 42 (transfer of premises licence),

(j)

any notice given to it under section 47 (interim authority notice),

(k)

any application made to it under section 51 (review of premises licence),

(l)

any application made to it under section 71 (application for club premises certificate),

(m)

any application made to it under section 79 (theft, loss, etc. of certificate or summary),

(n)

any notice given to it under section 81 (surrender of club premises certificate),

(o)

any notice given to it under section 82 or 83 (notification of change of name etc.),

(p)

any application made to it under section 84 (application to vary club premises certificate),

(q)

any application made to it under section 87 (application for review of club premises certificate),

(r)

any notice given to it under section 103 (withdrawal of temporary event notice),

(s)

any counter notice given by it under section 105 (counter notice following police objection to temporary event notice),

(t)

any copy of a temporary event notice give to it under section 106 (notice given following the making of modifications to a temporary event notice with police consent),

(u)

any application made to it under section 110 (theft etc. of temporary event notice),

(v)

any notice given to it under section 116 (surrender of personal licence),

(w)

any application made to it under section 117 (grant or renewal of personal licence),

(x)

any application made to it under section 126 (theft, loss or destruction of personal licence),

(y)

any notice given to it under section 127 (change of name, etc. of personal licence holder),

(z)

any notice given to it under section 165(4) (magistrates' court to notify any determination made after closure order),

(zi)

any application under paragraph 2 of Schedule 8 (application for conversion of old licences into premises licence),

(zii)

any application under paragraph 14 of that Schedule (application for conversion of club certificate into club premises certificate).

Section 113

SCHEDULE 4 Personal licence: relevant offences

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);

(c) the Private Places of Entertainment (Licensing) Act 1967 (c. 19);

(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);

(c) section 9 (burglary);

(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);

(c) section 5(3) (possession of a controlled drug with intent to supply);

(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.);

(c) section 198(2) (broadcast etc. of recording of performance made without sufficient consent);

(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);

(c) section 5 (driving etc. a vehicle with alcohol concentration above prescribed limit).

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, within the meaning of section 161(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

19 A violent offence, within the meaning of section 161(3) of that Act.

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).

Section 181

SCHEDULE 5 Appeals

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,

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