Licensing Act 2003 (c. 17)

(The document as of February, 2008)

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

(b) the place is in Scotland and a licence mentioned in section 1 of this Act is in force in relation to it. " ,

(b) in subsection (1A) for the words from "either at premises" to the end substitute "at premises in Scotland in respect of which a licence under that Act is in force",

" (3A) A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act. " , and

(d) for subsection (4) substitute--

" (4) In this section--

"controlling authority" means--
(a)
in relation to a place in England and Wales, the licensing authority in whose area the place, or the greater or greatest part of it, is situated, and
(b)
in relation to a place in Scotland, the authority having power to grant licences of the kind mentioned in section 1 in that area, and
"licensing authority" has the meaning given by the Licensing Act 2003. "

Obscene Publications Act 1959 (c. 66)

28 (1) Section 2 of the Obscene Publications Act 1959 (prohibition of publication of obscene matter) is amended as follows.

(2) In subsections (3A) and (4A), for "a film exhibition" in each place it occurs, substitute "an exhibition of a film".

(3) For subsection (7) substitute--

" (7) In this section, "exhibition of a film" has the meaning given in paragraph 15 of Schedule 1 to the Licensing Act 2003. "

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

29 The Betting, Gaming and Lotteries Act 1963 is amended as follows.

30 In section 10(1B) (conduct of licensed betting offices) for "the provision in a licensed betting office of any facility in respect of which a licence under the Licensing Act 1964 or the Licensing (Scotland) Act 1976 is required" substitute--

" (a) in a licensed betting office in England and Wales, the supply of alcohol (within the meaning of section 14 of the Licensing Act 2003) in circumstances where that supply is a licensable activity (within the meaning of that Act);

(b) in a licensed betting office in Scotland, the provision of any facility in respect of which a licence is required under the Licensing (Scotland) Act 1976 " .

31 In Schedule 4 (rules for licensed betting offices), in paragraph 10(a), for "intoxicating liquor within the meaning of section 201(1) of the Licensing Act 1964" substitute "alcohol within the meaning of section 191 of the Licensing Act 2003".

Children and Young Persons Act 1963 (c. 37)

32 For section 37(2)(b) of the Children and Young Persons Act 1963 (restriction on performance by child in licensed premises) substitute--

" (b) any performance in premises--

(i) which, by virtue of an authorisation (within the meaning of section 136 of the Licensing Act 2003), may be used for the supply of alcohol (within the meaning of section 14 of that Act), or

(ii) which are licensed premises (within the meaning of the Licensing (Scotland) Act 1976) or in respect of which a club is registered under that Act; " .

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

33 In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), omit the definition of "place of public entertainment".

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

34 The Greater London Council (General Powers) Act 1966 is amended as follows.

35 In section 21(1) (licensing of public exhibitions, etc.)--

(a) for "intoxicating liquor" substitute "alcohol (within the meaning of the Licensing Act 2003)", and

(b) for "a film exhibition within the meaning of the Cinemas Act 1985" substitute "an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003)".

36 In section 22 (application to old buildings of provisions for protection against fire in the London Building Acts (Amendment) Act 1939)--

(a) in subsection (1), for the words from "being in either case" to "for that purpose" substitute "which may lawfully be used for the provision of regulated entertainment (within the meaning of the Licensing Act 2003) only by virtue of an authorisation under that Act", and

(b) in subsection (2), for the words from "where" to "that licence" substitute "where a building, or part of a building, is being used for the provision of regulated entertainment by virtue of a premises licence (under the Licensing Act 2003) granted by a borough council, the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple".

Finance Act 1967 (c. 54)

37 In section 5 of the Finance Act 1967 (no requirement for excise licence)--

(a) in subsection (1), omit paragraph (c), and

(b) in subsection (3), omit "which is registered within the meaning of the Licensing Act 1964 or".

Criminal Appeal Act 1968 (c. 19)

38 The Criminal Appeal Act 1968 is amended as follows.

39 In section 10 (appeal against sentence to Crown Court), at the end of subsection (3)(c) add--

" (viii) an order under section 129 of the Licensing Act 2003 (forfeiture or suspension of personal licence); or " .

40 In section 31 (powers of Court of Appeal under Part 1 exercisable by single judge), after subsection (2B) insert--

" (2C) The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge in the same manner as it may be exercised by the Court. "

41 In section 44 (powers of Court of Appeal under Part 2 exercisable by single judge), after subsection (2) insert--

" (3) The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal. "

42 In section 50 (meaning of "sentence"), at the end of subsection (1) insert " ; and

(i) an order under section 129(2) of the Licensing Act 2003 (forfeiture or suspension of personal licence). "

Theatres Act 1968 (c. 54)

43 The Theatres Act 1968 is amended as follows.

44 The following provisions cease to have effect in England and Wales--

(a) section 1(2) (local authority may not impose conditions on nature of plays),

(b) sections 12 to 14 (licensing of premises for public performance of plays),

45 In section 15 (warrant to enter theatre where offence suspected)--

(a) in subsection (1)--

(i) paragraph (b) and the word "or" immediately preceding it, and

(ii) the words "or, in a case falling within paragraph (b) above, any police officer or authorised officer of the licensing authority",

cease to have effect in England and Wales,

(b) subsections (2) to (5) cease to have effect in England and Wales, and

46 Section 17 (existing letters patent) ceases to have effect.

47 In section 18(1) (interpretation), in the definition of "licensing authority", omit paragraphs (a), (b) and (bb).

Gaming Act 1968 (c. 65)

48 The Gaming Act 1968 is amended as follows.

49 (1) Section 6 (playing games on premises used for sale of alcohol) is amended as follows.

(2) For subsection (2) substitute--

" (2) This section applies to any premises in England and Wales in respect of which there is in force a premises licence authorising the supply of alcohol for consumption on the premises.

(2A) This section also applies to any premises in Scotland in respect of which a hotel licence or public house licence under the Licensing (Scotland) Act 1976 is in force. "

(3) In subsection (3)--

(a) for paragraph (a) substitute--

" (a) of the holder of the licence which has effect in respect of any premises to which this section applies, " , and

(b) for "the licensing justices for the licensing district, or, in Scotland, the licensing board for the licensing area, in which the premises are situated" substitute "the relevant licensing authority, or, in Scotland, the licensing board for the licensing area in which the premises are situated,".

(4) In subsection (4)--

(a) for "the licensing justices for the licensing district, or, in Scotland, the licensing board for the licensing area, in which the premises are situated" substitute "the relevant licensing authority, or, in Scotland, the licensing board for the licensing area in which the premises are situated,", and

(b) for "the justices" substitute "the authority".

(5) In subsection (5), for "licensing justices or a licensing board, the justices or board" substitute "a licensing authority or a licensing board, the authority or board".

(6) In subsection (6) --

(a) for "the licensing justices or" substitute "the relevant licensing authority or the",

(b) for paragraph (a) substitute--

" (a) to the holder of the licence, " , and

(7) After subsection (7) insert--

" (7A) A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act. "

(8) For subsection (8) substitute--

" (8) In this section--

"licensing area" has the same meaning as in the Licensing (Scotland) Act 1976,
"licensing authority" and "premises licence" have the same meaning as in the Licensing Act 2003,
"relevant licensing authority", in relation to premises in respect of which a premises licence has effect, means the authority determined in relation to those premises in accordance with section 12 of that Act, and
"supply of alcohol" has the meaning given in section 14 of that Act. "

50 For section 7(2) (offence to allow child to take part in gaming on licensed premises) substitute--

" (2) Neither the holder of the licence which has effect in respect of premises to which section 6 applies, nor anybody employed by him, may knowingly allow a person under 18 to take part on those premises in gaming to which this Part applies. "

51 For section 8(7) (penalty for contravention of section 7(2)) substitute--

" (7) Any person who contravenes section 7(2) is guilty of an offence and--

(a) where the offence is committed in England and Wales, the person is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and

(b) where the offence is committed in Scotland, the provisions of Schedule 5 to the Licensing (Scotland) Act 1976 are to have effect as they have effect in relation to a contravention of section 68(1) of that Act. "

52 (1) Schedule 9 (permits in respect of amusement machine premises) is amended as follows.

(2) In paragraph 1 (interpretation), for paragraph (a) substitute--

" (a) in relation to any premises in England and Wales in respect of which there is in force a premises licence authorising the supply of alcohol for consumption on the premises, means the relevant licensing authority in relation to those premises; " .

(3) After that paragraph, insert--

" 1A A function conferred by this Schedule on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act. "

(4) In paragraph 10A (condition in case of licensed premises, etc. that amusement machine must be located in a bar), in sub-paragraph (2)(a), for "has the same meaning as in the Licensing Act 1964" substitute "means any place which, by virtue of a premises licence, may be used for the supply of alcohol and which is exclusively or mainly used for the supply and consumption of alcohol".

(5) In paragraph 11--

(a) in sub-paragraphs (2) and (3) (appeals), for "proper officer of" substitute "clerk to", and

(b) omit sub-paragraph (5).

(6) Omit paragraph 14 (payment of indemnity out of central funds).

(7) In paragraph 21 (fees), for "proper officer" substitute "clerk".

(8) For paragraph 23 (interpretation of expressions relating to licensing) substitute--

" 23 In this Schedule--

"alcohol", "licensing authority" and "premises licence" have the same meaning as in the Licensing Act 2003;
"hotel licence" and "public house licence" have the same meaning as in Schedule 1 to the Licensing (Scotland) Act 1976;
"relevant licensing authority", in relation to premises in respect of which a premises licence is in force, means the authority determined in relation to those premises in accordance with section 12 of the Licensing Act 2003; and
"supply of alcohol" is to be construed in accordance with section 14 of that Act. "

(9) Omit paragraph 24 (proper officer of an appropriate authority).

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

53 For section 5(3) of the City of London (Various Powers) Act 1968 (entitlement of Corporation of London to apply for and hold licence to sell alcohol in arrangements for catering facilities) substitute--

" (3) The Corporation of London or any person appointed by them in that behalf may, subject to section 16 of the Licensing Act 2003, for the purposes of this section apply for and hold a premises licence under that Act for the sale by retail of alcohol within the meaning of that Act. "

Finance Act 1970 (c. 24)

54 In section 6(2)(b) of the Finance Act 1970 (Angostura bitters)--

(a) omit ", the Licensing Act 1964", and

(b) for "either of those Acts" substitute "that Act".

Sunday Theatre Act 1972 (c. 26)

55 The Sunday Theatre Act 1972 ceases to have effect.

Local Government Act 1972 (c. 70)

56 The Local Government Act 1972 is amended as follows.

57 In section 78(1) (supplementary provision relating to changes in local government areas), omit the definition of "public body".

58 In section 101 (arrangements for discharge of functions by local authorities), after subsection (14) insert--

" (15) Nothing in this section applies in relation to any function under the Licensing Act 2003 of a licensing authority (within the meaning of that Act). "

59 In section 145(4) (provision of entertainment), for "intoxicating liquor" substitute "alcohol".

60 Section 204 (licensed premises) ceases to have effect.

61 (1) Schedule 12 (meetings and proceedings of local authorities) is amended as follows.

(2) In the following provisions, for "premises licensed for the sale of intoxicating liquor" substitute "premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)"--

(a) paragraph 10(1) (location of parish council meetings),

(b) paragraph 26(1) (location of community council meetings).

(3) In the following provisions, for "premises licensed for the sale of intoxicating liquor" substitute "premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)"--

(a) paragraph 14(5) (location of parish meetings),

(b) paragraph 32(2) (location of community meetings).

Lotteries and Amusements Act 1976 (c. 32)

62 Schedule 3 to the Lotteries and Amusements Act 1976 (provision about permits for commercial provision of amusements with prizes) is amended as follows.

63 (1) Paragraph 1 (interpretation) is amended as follows.

(2) In sub-paragraph (1), for paragraph (a) substitute--

" (a) in relation to any premises in England and Wales in respect of which there is in force a premises licence authorising the supply of alcohol for consumption on the premises, the relevant licensing authority in relation to those premises; " .

(3) In sub-paragraph (2)--

(a) for the definition of "justices' on-licence", "licensing district" and "Part IV licence" substitute--

" "alcohol", "licensing authority" and "premises licence" have the same meaning as in the Licensing Act 2003, " ,

(b) omit the definition of "the proper officer of the authority", and

" "relevant licensing authority", in relation to premises in respect of which a premises licence is in force, means the licensing authority in relation to those premises determined in accordance with section 12 of the Licensing Act 2003; " , and

" "supply of alcohol" has the same meaning as in section 14 of the Licensing Act 2003; " .

(4) After that sub-paragraph insert--

" (3) A function conferred by this Schedule on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act. "

64 In paragraph 8 (appeals)--

(a) in sub-paragraphs (2) and (3), for "proper officer of" substitute "clerk to", and

(b) omit sub-paragraph (4).

65 Omit paragraph 11 (payment of indemnity from central funds).

66 In paragraph 18 (fees), for "proper officer" substitute "clerk".

Rent Act 1977 (c. 42)

67 In section 11 of the Rent Act 1977 (tenancy of licensed premises not to be protected or statutory tenancy), for "premises licensed for the sale of intoxicating liquors" substitute "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)".

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

68 The Greater London Council (General Powers) Act 1978 is amended as follows.

69 Section 3 (human posing to be treated as entertainment) ceases to have effect.

70 In section 5(4)(a) (definition of "booking office")--

(a) omit sub-paragraph (ii) and the word "or" immediately preceding it, and

(b) for "sub-paragraphs (i) and (ii)" substitute "sub-paragraph (i)".

Alcoholic Liquor Duties Act 1979 (c. 4)

71 The Alcoholic Liquor Duties Act 1979 is amended as follows.

72 In section 4 (interpretation)--

(a) in the definition of "justices' licence" and "justices' on-licence", omit paragraph (a), and

(b) in the definition of "registered club", omit "which is for the time being registered within the meaning of the Licensing Act 1964 or".

73 In section 71 (exception to penalty for misdescribing alcohol as spirits)--

(a) after subsection (4) insert--

" (4A) Nothing in this section as it applies to England and Wales shall apply to any alcohol (within the meaning of the Licensing Act 2003) which is prepared on any premises which may be lawfully used for the supply of alcohol (within the meaning of section 14 of that Act) for immediate consumption there. "

(b) in subsection (5)--

(i) omit "England and Wales or",

(ii) omit paragraph (c), and

(iii) for ", in that club or on board that aircraft, vessel or vehicle," substitute "or in that club".

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

74 In section 4(1) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (interpretation), in the definition of "licensed premises" for the words "a justices' on-licence (within the meaning of section 1 of the Licensing Act 1964)" substitute "a premises licence under the Licensing Act 2003 authorising the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises".

Magistrates' Courts Act 1980 (c. 43)

75 In Part 3 of Schedule 6 to the Magistrates' Courts Act 1980 (matters to which provision relating to fees taken by clerks to justices does not apply), paragraphs 3 and 5 are omitted.

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

76 The Local Government, Planning and Land Act 1980 is amended as follows.

77 Sections 131 and 132 (licensing in new towns) cease to have effect.

78 In section 133 (miscellaneous provision about new towns), in subsection (1), omit the following definitions--

(a) "development corporation",

(b) "the 1964 Act".

79 In section 146 (disposal of land by urban development corporation)--

(a) in subsection (3), for "intoxicating liquor" substitute "alcohol", and

(b) in subsection (6), for ""intoxicating liquor" has the meaning assigned by section 201 of the Licensing Act 1964" substitute ""alcohol" has the meaning given by section 191 of the Licensing Act 2003".

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

80 In section 1(4) of the Indecent Displays (Control) Act 1981 (exemptions from offence of displaying indecent matter)--

(a) for paragraph (d) substitute--

" (d) included in a performance of a play (within the meaning of paragraph 14(1) of Schedule 1 to the Licensing Act 2003) in England and Wales or of a play (within the meaning of the Theatres Act 1968) in Scotland; " , and

(b) in paragraph (e) for "included in a film exhibition as defined in the Cinemas Act 1985" substitute "included in an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003, in England and Wales, or a film exhibition, as defined in the Cinemas Act 1985, in Scotland".

New Towns Act 1981 (c. 64)

81 In section 18 of the New Towns Act 1981 (disposal by development corporation of land to occupiers of it before acquisition by corporation), in subsection (3) for the words "intoxicating liquor ("intoxicating liquor" having the meaning given in section 201(1) of the Licensing Act 1964)" substitute "alcohol (within the meaning of section 191 of the Licensing Act 2003)".

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

82 The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

83 The following provisions cease to have effect--

(a) section 1 (licensing of public entertainment outside Greater London),

(b) sections 4 to 6 (controls on take-away food shops),

84 In section 10(11) (requirement that apparatus to be installed should be provided with cut-off switch disapplied in relation to cinemas) for the words "premises in respect of which a licence under section 1 of the Cinemas Act 1985 is for the time being in force" substitute "premises in respect of which a premises licence under the Licensing Act 2003 has effect authorising the use of the premises for an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to that Act".

85 (1) Schedule 3 (control of sex establishments) is amended as follows.

(2) In paragraph 3(2) (premises not to be treated as a sex cinema merely because the exhibition of a film there must be authorised by a licence, etc.)--

(a) for paragraph (a) substitute--

" (a) if they may be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003) by virtue of an authorisation (within the meaning of section 136 of that Act), of their use in accordance with that authorisation " , and

(b) in paragraph (b), for "that Act" substitute "the Cinemas Act 1985".

(3) In paragraph 3A (exemption for theatres and cinemas from provisions about sex encounter establishments) for paragraphs (i) and (ii) of the proviso substitute--

" (i) for the time being, being used for the provision of regulated entertainment (within the meaning of the Licensing Act 2003), in circumstances where that use is authorised under that Act; or

(ii) for the time being, being used for the purposes of late night refreshment (within the meaning of that Act), in circumstances where that use is so authorised; or " .

Representation of the People Act 1983 (c. 2)

86 The Representation of the People Act 1983 is amended as follows.

87 In section 185 (interpretation of Part relating to legal proceedings), for the definition of "Licensing Acts" substitute--

" "Licensing Acts" means the Licensing (Scotland) Act 1976 and the Licensing (Northern Ireland) Order 1996 (as that Act or Order may from time to time have effect); " .

88 In Schedule 7 (transitional and saving provision), omit paragraph 4.

Video Recordings Act 1984 (c. 39)

89 In section 3(7) of the Video Recordings Act 1984 (exempted supply of video recording)--

(a) before paragraph (a) insert--

" (za) premises in England and Wales which, by virtue of an authorisation within the meaning of section 136 of the Licensing Act 2003, may be used for the exhibition of a film within the meaning of paragraph 15 of Schedule 1 to that Act, " , and

(b) in paragraphs (a) and (c) after "premises", and in paragraph (b) after the first "premises", insert "in Scotland".

Building Act 1984 (c. 55)

90 The Building Act 1984 is amended as follows.

91 In section 24(4) (provision of exits in buildings) for paragraph (c) substitute--

" (c) premises in respect of which a club premises certificate has effect under the Licensing Act 2003, " .

92 In section 74(2) (exemption for certain premises from requirement for local authority's consent for cellars and rooms below subsoil water level), omit paragraph (a) and the word "or" immediately following it.

Police and Criminal Evidence Act 1984 (c. 60)

93 In Schedule 1A to the Police and Criminal Evidence Act 1984 (arrestable offences) at the end there is inserted--

" Licensing Act 2003

26. An offence under section 143(1) of the Licensing Act 2003 (failure to leave licensed premises, etc.). "

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

94 In section 15(1) of the Greater London Council (General Powers) Act 1984 (exceptions to power of Council to refuse to register sleeping accommodation), at the end insert " ; or

(v) a building--

(a) in respect of which there is in force immediately before the appointed day a premises licence under the Licensing Act 2003 authorising the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises, and

(b) the use of which for a specified purpose would not contravene the Town and Country Planning Act 1990. "

Cinemas Act 1985 (c. 13)

95 The Cinemas Act 1985 ceases to have effect in England and Wales.

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

96 The Sporting Events (Control of Alcohol etc.) Act 1985 is amended as follows.

97 In the following provisions, for "intoxicating liquor" substitute "alcohol"--

(a) section 1(2) and (3) (alcohol on coaches and trains),

(b) section 1A(2) and (3) (alcohol on certain other vehicles),

98 Omit section 2(1A) (application to private rooms of offence of having alcohol at designated sporting event).

99 The following provisions cease to have effect--

(a) sections 3 and 4 (order about licensing hours in sports grounds),

(b) section 5 (appeal against such an order),

(d) section 5B (occasional licences at sports grounds),

(e) section 5C (supply of alcohol by clubs at sports grounds),

(f) section 5D (non-retail sales of alcohol during sporting event),

(g) section 6 (closure of bar during sporting event),

(h) the Schedule (procedure for obtaining order about licensing hours in sports grounds).

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