Licensing Act 2003 (c. 17)

(The document as of February, 2008)

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(b) rejects (in whole or in part) an application to vary a premises licence under section 35,

(c) rejects an application to vary a premises licence to specify an individual as the premises supervisor under section 39, or

(d) rejects an application to transfer a premises licence under section 44,

the applicant may appeal against the decision.

Decision to grant premises licence or impose conditions etc.

2 (1) This paragraph applies where a licensing authority grants a premises licence under section 18.

(2) The holder of the licence may appeal against any decision--

(a) to impose conditions on the licence under subsection (2)(a) or (3)(b) of that section, or

(b) to take any step mentioned in subsection (4)(b) or (c) of that section (exclusion of licensable activity or refusal to specify person as premises supervisor).

(3) Where a person who made relevant representations in relation to the application desires to contend--

(a) that the licence ought not to have been granted, or

(b) that, on granting the licence, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) or (c) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) "relevant representations" has the meaning given in section 18(6).

Issue of provisional statement

3 (1) This paragraph applies where a provisional statement is issued under subsection (3)(c) of section 31.

(2) An appeal against the decision may be made by--

(a) the applicant, or

(b) any person who made relevant representations in relation to the application.

(3) In sub-paragraph (2) "relevant representations" has the meaning given in subsection (5) of that section.

Variation of licence under section 35

4 (1) This paragraph applies where an application to vary a premises licence is granted (in whole or in part) under section 35.

(2) The applicant may appeal against any decision to modify the conditions of the licence under subsection (4)(a) of that section.

(3) Where a person who made relevant representations in relation to the application desires to contend--

(a) that any variation made ought not to have been made, or

(b) that, when varying the licence, the licensing authority ought not to have modified the conditions of the licence, or ought to have modified them in a different way, under subsection (4)(a) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) "relevant representations" has the meaning given in section 35(5).

Variation of licence to specify individual as premises supervisor

5 (1) This paragraph applies where an application to vary a premises licence is granted under section 39(2) in a case where a chief officer of police gave a notice under section 37(5) (which was not withdrawn).

(2) The chief officer of police may appeal against the decision to grant the application.

Transfer of licence

6 (1) This paragraph applies where an application to transfer a premises licence is granted under section 44 in a case where a chief officer of police gave a notice under section 42(6) (which was not withdrawn).

(2) The chief officer of police may appeal against the decision to grant the application.

Interim authority notice

7 (1) This paragraph applies where--

(a) an interim authority notice is given in accordance with section 47, and

(b) a chief officer of police gives a notice under section 48(2) (which is not withdrawn).

(2) Where the relevant licensing authority decides to cancel the interim authority notice under subsection (3) of section 48, the person who gave the interim authority notice may appeal against that decision.

(3) Where the relevant licensing authority decides not to cancel the notice under that subsection, the chief officer of police may appeal against that decision.

(4) Where an appeal is brought under sub-paragraph (2), the court to which it is brought may, on such terms as it thinks fit, order the reinstatement of the interim authority notice pending--

(a) the disposal of the appeal, or

(b) the expiry of the interim authority period,

whichever first occurs.

(5) Where the court makes an order under sub-paragraph (4), the premises licence is reinstated from the time the order is made, and section 47 has effect in a case where the appeal is dismissed or abandoned before the end of the interim authority period as if--

(a) the reference in subsection (7)(b) to the end of the interim authority period were a reference to the time when the appeal is dismissed or abandoned, and

(b) the reference in subsection (9)(a) to the interim authority period were a reference to that period disregarding the part of it which falls after that time.

(6) In this paragraph "interim authority period" has the same meaning as in section 47.

Review of premises licence

8 (1) This paragraph applies where an application for a review of a premises licence is decided under section 52.

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

(a) the applicant for the review,

(b) the holder of the premises licence, or

(3) In sub-paragraph (2) "relevant representations" has the meaning given in section 52(7).

General provision about appeals under this Part

9 (1) An appeal under this Part must be made to the magistrates' court for the petty sessions area (or any such area) in which the premises concerned are situated.

(2) An appeal under this Part must be commenced by notice of appeal given by the appellant to the justices' chief executive for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(3) On an appeal under paragraph 2(3), 3(2)(b), 4(3), 5(2), 6(2) or 8(2)(a) or (c), the holder of the premises licence is to be the respondent in addition to the licensing authority.

(4) On an appeal under paragraph 7(3), the person who gave the interim authority notice is to be the respondent in addition to the licensing authority.

Part 2 Club premises certificates

Rejection of applications relating to club premises certificates

10 Where a licensing authority--

(a) rejects an application for a club premises certificate under section 72, or

(b) rejects (in whole or in part) an application to vary a club premises certificate under section 85,

the club that made the application may appeal against the decision.

Decision to grant club premises certificate or impose conditions etc.

11 (1) This paragraph applies where a licensing authority grants a club premises certificate under section 72.

(2) The club holding the certificate may appeal against any decision--

(a) to impose conditions on the certificate under subsection (2) or (3)(b) of that section, or

(b) to take any step mentioned in subsection (4)(b) of that section (exclusion of qualifying club activity).

(3) Where a person who made relevant representations in relation to the application desires to contend--

(a) that the certificate ought not to have been granted, or

(b) that, on granting the certificate, the licensing authority ought to have imposed different or additional conditions, or to have taken a step mentioned in subsection (4)(b) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) "relevant representations" has the meaning given in section 72(7).

Variation of club premises certificate

12 (1) This paragraph applies where an application to vary a club premises certificate is granted (in whole or in part) under section 85.

(2) The club may appeal against any decision to modify the conditions of the certificate under subsection (3)(b) of that section.

(3) Where a person who made relevant representations in relation to the application desires to contend--

(a) that any variation ought not to have been made, or

(b) that, when varying the certificate, the licensing authority ought not to have modified the conditions of the certificate, or ought to have modified them in a different way, under subsection (3)(b) of that section,

he may appeal against the decision.

(4) In sub-paragraph (3) "relevant representations" has the meaning given in section 85(5).

Review of club premises certificate

13 (1) This paragraph applies where an application for a review of a club premises certificate is decided under section 88.

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

(a) the applicant for the review,

(b) the club that holds or held the club premises certificate, or

(3) In sub-paragraph (2) "relevant representations" has the meaning given in section 88(7).

Withdrawal of club premises certificate

14 Where the relevant licensing authority gives notice withdrawing a club premises certificate under section 90, the club which holds or held the certificate may appeal against the decision to withdraw it.

General provision about appeals under this Part

15 (1) An appeal under this Part must be made to the magistrates' court for the petty sessions area (or any such area) in which the premises concerned are situated.

(3) On an appeal under paragraph 11(3), 12(3) or 13(2)(a) or (c), the club that holds or held the club premises certificate is to be the respondent in addition to the licensing authority.

Part 3 Other appeals

Temporary event notices

16 (1) This paragraph applies where--

(a) a temporary event notice is given under section 100, and

(b) a chief officer of police gives an objection notice in accordance with section 104(2).

(2) Where the relevant licensing authority gives a counter notice under section 105(3), the premises user may appeal against that decision.

(3) Where that authority decides not to give such a counter notice, the chief officer of police may appeal against that decision.

(4) An appeal under this paragraph must be made to the magistrates' court for the petty sessions area (or any such area) in which the premises concerned are situated.

(5) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the justices' chief executive for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(6) But no appeal may be brought later than five working days before the day on which the event period specified in the temporary event notice begins.

(7) On an appeal under sub-paragraph (3), the premises user is to be the respondent in addition to the licensing authority.

(8) In this paragraph--

"objection notice" has the same meaning as in section 104; and
"relevant licensing authority" has the meaning given in section 99.

Personal licences

17 (1) Where a licensing authority--

(a) rejects an application for the grant of a personal licence under section 120, or

(b) rejects an application for the renewal of a personal licence under section 121,

the applicant may appeal against that decision.

(2) Where a licensing authority grants an application for a personal licence under section 120(7), the chief officer of police who gave the objection notice (within the meaning of section 120(5)) may appeal against that decision.

(3) Where a licensing authority grants an application for the renewal of a personal licence under section 121(6), the chief officer of police who gave the objection notice (within the meaning of section 121(3)) may appeal against that decision.

(4) Where a licensing authority revokes a personal licence under section 124(4), the holder of the licence may appeal against that decision.

(5) Where in a case to which section 124 (convictions coming to light after grant or renewal) applies--

(a) the chief officer of police for the licensing authority's area gives a notice under subsection (3) of that section (and does not later withdraw it), and

(b) the licensing authority decides not to revoke the licence,

the chief officer of police may appeal against the decision.

(6) An appeal under this paragraph must be made to the magistrates' court for a petty sessions area in which the licensing authority's area (or any part of it) is situated.

(7) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the justices' chief executive for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

(8) On an appeal under sub-paragraph (2), (3) or (5), the holder of the personal licence is to be the respondent in addition to the licensing authority.

(9) Sub-paragraph (10) applies where the holder of a personal licence gives notice of appeal against a decision of a licensing authority to refuse to renew it.

(10) The relevant licensing authority, or the magistrates' court to which the appeal has been made, may, on such conditions as it thinks fit--

(a) order that the licence is to continue in force until the relevant time, if it would otherwise cease to have effect before that time, or

(b) where the licence has already ceased to have effect, order its reinstatement until the relevant time.

(11) In sub-paragraph (10) "the relevant time" means--

(a) the time the appeal is dismissed or abandoned, or

(b) where the appeal is allowed, the time the licence is renewed.

Closure orders

18 (1) This paragraph applies where, on a review of a premises licence under section 167, the relevant licensing authority decides under subsection (5)(b) of that section--

(a) to take any of the steps mentioned in subsection (6) of that section, in relation to a premises licence for those premises, or

(b) not to take any such step.

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

(a) the holder of the premises licence, or

(b) any other person who made relevant representations in relation to the review.

(3) Where an appeal is made under this paragraph against a decision to take any of the steps mentioned in section 167(6)(a) to (d) (modification of licence conditions etc.), the appropriate magistrates' court may in a case within section 168(3) (premises closed when decision taken)--

(a) if the relevant licensing authority has not made an order under section 168(5) (order suspending operation of decision in whole or part), make any order under section 168(5) that could have been made by the relevant licensing authority, or

(b) if the authority has made such an order, cancel it or substitute for it any order which could have been made by the authority under section 168(5).

(4) Where an appeal is made under this paragraph in a case within section 168(6) (premises closed when decision to revoke made to remain closed pending appeal), the appropriate magistrates court may, on such conditions as it thinks fit, order that section 168(7) (premises to remain closed pending appeal) is not to apply to the premises.

(5) An appeal under this paragraph must be commenced by notice of appeal given by the appellant to the justices' chief executive for the magistrates' court within the period of 21 days beginning with the day on which the appellant was notified by the relevant licensing authority of the decision appealed against.

(6) On an appeal under this paragraph by a person other than the holder of the premises licence, that holder is to be the respondent in addition to the licensing authority that made the decision.

(7) In this paragraph--

"appropriate magistrates' court" means the magistrates court for the petty sessions area (or any such area) in which the premises concerned are situated;
"relevant licensing authority" has the same meaning as in Part 3 of this Act; and
"relevant representations" has the meaning given in section 167(9).

Section 198

SCHEDULE 6 Minor and consequential amendments

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

1 The Universities (Wine Licences) Act 1743 ceases to have effect.

Disorderly Houses Act 1751 (c. 36)

2 The Disorderly Houses Act 1751 does not apply in relation to relevant premises within the meaning of section 159 of the Licensing Act 2003.

Sunday Observance Act 1780 (c. 49)

3 The Sunday Observance Act 1780 ceases to have effect.

Town Police Clauses Act 1847 (c. 89)

4 Section 35 of the Town Police Clauses Act 1847 (harbouring thieves or prostitutes at a public venue) ceases to have effect.

Cambridge Award Act 1856 (c. xvii)

5 The following provisions of the Cambridge Award Act 1856 cease to have effect--

(a) section 9 (revocation of alehouse licence by justice of the peace following complaint by Vice Chancellor of the University), and

(b) section 11 (power to grant wine licence, etc. to remain vested in the Chancellor, Masters and Scholars of the University).

Inebriates Act 1898 (c. 60)

6 In the First Schedule to the Inebriates Act 1898 (offences by reference to which section 6 of the Licensing Act 1902 operates)--

(a) omit the entry relating to section 18 of the Licensing Act 1872 and the entry relating to section 41 of the Refreshment Houses Act 1860, and

(b) after the entries relating to the Merchant Shipping Act 1894 insert--

" Failing to leave licensed premises, etc. when asked to do so.	Licensing Act 2003, s 143.
Entering, or attempting to enter, licensed premises, etc. when asked not to do so. "

Licensing Act 1902 (c. 28)

7 The Licensing Act 1902 is amended as follows.

8 (1) Section 6 (prohibition of sale of alcohol to person declared by the court to be a habitual drunkard) is amended as follows.

(2) For subsection (2) substitute--

" (2) Subsections (2A) to (2C) apply where a court, in pursuance of this Act, orders notice of a conviction to be sent to a police authority.

(2A) The court shall inform the convicted person that the notice is to be sent to a police authority.

(2B) The convicted person commits an offence if, within the three year period, he buys or obtains, or attempts to buy or obtain, alcohol on relevant premises.

(2C) A person to whom subsection (2D) applies commits an offence if, within the three year period, he knowingly--

(a) sells, supplies or distributes alcohol on relevant premises, or

(b) allows the sale, supply or distribution of alcohol on relevant premises,

to, or for consumption by, the convicted person.

(2D) This subsection applies--

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

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

(i) the holder of a premises licence which authorises the sale or supply of alcohol, and

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

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

(d) in the case of premises which may be used for a permitted temporary activity by virtue of Part 5 of the Licensing Act 2003, the premises user in respect of a temporary event notice authorising the sale or supply of alcohol.

(2E) A person guilty of an offence under this section is liable on summary conviction--

(a) in the case of an offence under subsection (2B), to a fine not exceeding level 1 on the standard scale, and

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

(3) In subsection (3), for "licensed persons, and secretaries of clubs registered under Part III of this Act," substitute "persons to whom subsection (4) applies".

(4) After that subsection insert--

" (4) This subsection applies to--

(a) the holder of a premises licence which authorises the sale or supply of alcohol,

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

(d) the premises user in relation to a temporary event notice authorising the sale or supply or alcohol.

(5) In this section--

"alcohol", "club premises certificate", "designated premises supervisor", "licensed premises", "permitted temporary activity", "premises licence", "premises user" and "temporary event notice" have the same meaning as in the Licensing Act 2003,
"relevant premises" means premises which are relevant premises within the meaning of section 159 of that Act and on which alcohol may be lawfully sold or supplied, and
"the three year period", in relation to the convicted person, means the period of three years beginning with the day of the conviction. "

9 After section 8 (meaning of "public place") insert--

" Interpretation of "licensed premises"

8A For those purposes, "licensed premises" includes--

(a) any licensed premises within the meaning of section 193 of the Licensing Act 2003, and

(b) any premises which may be used for a permitted temporary activity by virtue of Part 5 of that Act. "

Celluloid and Cinematograph Film Act 1922 (c. 35)

10 At the end of section 2 of the Celluloid and Cinematograph Film Act 1922 (premises to which the Act does not apply), add "or which may, by virtue of an authorisation (within the meaning of section 136 of the Licensing Act 2003), be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to that Act)".

Sunday Entertainments Act 1932 (c. 51)

11 The Sunday Entertainments Act 1932 ceases to have effect.

Children and Young Persons Act 1933 (c. 12)

12 The Children and Young Persons Act 1933 is amended as follows.

13 In section 5 (giving alcohol to a child under five) for "intoxicating liquor" substitute "alcohol (within the meaning given by section 191 of the Licensing Act 2003, but disregarding subsection (1)(f) to (i) of that section)".

14 In section 12 (failing to provide for safety of children at entertainments)--

(a) in subsection (3) omit the words from ", and also" to the end,

(b) in subsection (5), for paragraph (a) substitute--

" (a) in the case of a building in respect of which a premises licence authorising the provision of regulated entertainment has effect, be the duty of the relevant licensing authority; " , and

" (5A) For the purposes of this section--

(a) "premises licence" and "the provision of regulated entertainment" have the meaning given by the Licensing Act 2003, and

(b) "the relevant licensing authority", in relation to a building in respect of which a premises licence has effect, means the relevant licensing authority in relation to that building under section 12 of that Act. "

15 In section 107 (interpretation), omit the definition of "intoxicating liquor".

Public Health Act 1936 (c. 49)

16 In section 226 of the Public Health Act 1936 (power of local authority to close swimming bath and use it instead for other purposes)--

(a) for subsection (3) substitute--

" (3) Nothing in this section shall authorise the use of a swimming bath or bathing place for the provision of regulated entertainment (within the meaning of the Licensing Act 2003), unless that activity is carried on under and in accordance with an authorisation (within the meaning given in section 136 of that Act). " , and

(b) omit subsection (4).

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

17 In each of the following provisions of the London Building Acts (Amendment) Act 1939, for "the premises are so licensed" substitute "the premises are premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises"--

(a) section 11(9)(b) (exemption of licensed premises from provision as to naming of buildings),

(b) paragraph (A) of the proviso to section 13 (offences as to numbering or naming of buildings).

Civic Restaurants Act 1947 (c. 22)

18 In section 1(4) of the Civic Restaurants Act 1947 (civic restaurant authority to be subject to law relating to sale of alcohol), for "the enactments relating to the sale of intoxicating liquor" substitute "the Licensing Act 2003 and any other enactment relating to the sale of intoxicating liquor".

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

19 In section 6(1)(b) of the London County Council (General Powers) Act 1947 (saving in connection with the provision of entertainment for enactments relating to the sale of alcohol), for "any enactment relating to the sale of intoxicating liquor" substitute "the Licensing Act 2003 and any other enactment relating to the sale of intoxicating liquor".

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

20 In each of the following provisions of the National Parks and Countryside Act 1949, for "intoxicating liquor" substitute "alcohol (within the meaning of the Licensing Act 2003)"--

(a) section 12(1)(a) (provision of facilities in National Park),

(b) section 54(2) (provision of facilities along long-distance routes).

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

21 The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

22 In section 14(2)(a) (protection against insecurity of tenure of place of residence), after "premises" insert "in England and Wales which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) on the premises or in Scotland which are".

23 In section 18(3)(a) (protection against insecurity of tenure in connection with employment), after "premises" insert "in England and Wales which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) on the premises for consumption on the premises or in Scotland which are".

24 In section 27(1) (renewal of tenancy expiring during period of service), in the second paragraph (c), for the words "licensed for the sale of intoxicating liquor for consumption on the premises" substitute "which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises".

Hypnotism Act 1952 (c. 46)

25 The Hypnotism Act 1952 is amended as follows.

26 (1) Section 1 (inclusion in an entertainment licence of conditions in relation to demonstrations of hypnotism) is amended as follows.

(2) In subsection (1)--

(a) after "any area" insert "in Scotland", and

(b) for "places kept or ordinarily used for public dancing, singing, music or other public entertainment of the like kind" substitute "theatres or other places of public amusement or public entertainment".

(3) Omit subsection (2).

27 In section 2 (requirement for authorisation for demonstration of hypnotism)--

(a) in subsection (1), for the words from "in relation" to the end substitute " , unless--

(a) the controlling authority have authorised that exhibition, demonstration or performance under this section, or

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