Licensing Act 2003 (c. 17)

(The document as of February, 2008)

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

100 In section 8 (offences)--

(a) in paragraph (b), for ", 2A(1), 3(10), 5B(2), 5C(3), 5D(2) or 6(2)" substitute "or 2A(1)", and

(b) omit paragraphs (d) and (e).

101 In section 9 (interpretation)--

(a) omit subsection (5), and

(b) for subsection (7) substitute--

" (7) An expression used in this Act and in the Licensing Act 2003 has the same meaning in this Act as in that Act. "

Housing Act 1985 (c. 68)

102 The Housing Act 1985 is amended as follows.

103 In section 11 (provision of board facilities by local housing authority)--

(a) for subsection (3) substitute--

" (3) Where a premises licence under Part 3 of the Licensing Act 2003 authorises the sale by retail of alcohol in connection with the provision of facilities of the kind mentioned in subsection (1)(a), then, notwithstanding the terms of that licence, it does not have effect so as to authorise the sale by retail of alcohol for consumption otherwise than with a meal. " ,

(b) in subsection (4) after "the sale of intoxicating liquor" insert "or the sale by retail of alcohol", and

" (5) An expression used in this section and in the Licensing Act 2003 has the same meaning in this section as in that Act. "

104 In Schedule 1 (tenancies which are not secure tenancies), in paragraph 9, for "premises licensed for the sale of intoxicating liquor" 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)".

Sex Discrimination Act 1986 (c. 59)

105 Section 5 of the Sex Discrimination Act 1986 (discrimination required by public entertainment licence) ceases to have effect.

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

106 After section 33(2) of the Fire Safety and Safety of Places of Sport Act 1987 (requirements of safety certificate to take precedence over conflicting conditions imposed in licence, etc.) insert--

" (2A) For the purposes of subsection (2)--

(a) "the licensing of premises" includes the granting of a premises licence or club premises certificate under the Licensing Act 2003, and

(b) "licence" is to be construed accordingly. "

Norfolk and Suffolk Broads Act 1988 (c. 4)

107 In paragraph 40(1) of Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (provision of facilities by Broads Authority), in paragraph (b) for "intoxicating liquor" substitute "alcohol (within the meaning of the Licensing Act 2003)".

Housing Act 1988 (c. 50)

108 In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 5, 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)".

Town and Country Planning Act 1990 (c. 8)

109 Section 334 of the Town and Country Planning Act 1990 (licensing planning areas) ceases to have effect.

Sunday Trading Act 1994 (c. 20)

110 (1) Schedule 1 to the Sunday Trading Act 1994 (restrictions on Sunday opening of large shops) is amended as follows.

(2) In paragraph 1--

(a) for the definition of "intoxicating liquor" substitute--

" "alcohol" has the same meaning as in the Licensing Act 2003, " , and

(b) in paragraph (a) of the definition of "sale of goods", for "intoxicating liquor" substitute "alcohol".

(3) In paragraph 3(1)(b) for "intoxicating liquor" substitute "alcohol".

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

111 In section 63 of the Criminal Justice and Public Order Act 1994 (power to remove persons attending raves, etc.), for subsection (9)(a) substitute--

" (a) in England and Wales, to a gathering in relation to a licensable activity within section 1(1)(c) of the Licensing Act 2003 (provision of certain forms of entertainment) carried on under and in accordance with an authorisation within the meaning of section 136 of that Act; " .

Deregulation and Contracting Out Act 1994 (c. 40)

112 Section 21 of the Deregulation and Contracting Out Act 1994 (Sunday Observance Act 1780 not to apply to sporting events) ceases to have effect.

London Local Authorities Act 1995 (c. x)

113 In section 14 of the London Local Authorities Act 1995 (interpretation of Part relating to near beer premises), in the definition of "near beer premises"--

(a) for "intoxicating liquor is provided exemption or saving from the provisions of the Act of 1964 by virtue of section 199 of that Act" substitute "alcohol is not a licensable activity under or by virtue of section 173 of the Licensing Act 2003",

(b) for paragraph (A) substitute--

" (A) a premises licence under Part 3 of that Act which authorises the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises; " ,

(i) omit "Schedule 12 to the London Government Act 1963," and "or the Private Places of Entertainment (Licensing) Act 1967", and

(ii) at the end insert "or a premises licence granted under Part 3 of the Licensing Act 2003 which authorises the provision of any form of regulated entertainment (within the meaning of Schedule 1 to that Act)",

(d) omit paragraphs (C) to (E),

(e) for paragraphs (F) and (G) substitute--

" (F) a temporary event notice under the Licensing Act 2003, by virtue of which the premises may be used for the supply of alcohol (within the meaning of section 14 of that Act); " ,

(f) for the words from "during the hours" to "licence:" substitute "during the hours permitted by such licence or notice:", and

(g) for "such licence; and" substitute "such licence or notice; and".

Employment Rights Act 1996 (c. 18)

114 In section 232(7) of the Employment Rights Act 1996 (definition of "catering business")--

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

(b) for ""intoxicating liquor" has the same meaning as in the Licensing Act 1964" substitute ""alcohol" has the same meaning as in the Licensing Act 2003".

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

115 (1) Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of alcohol) is amended as follows.

(2) In subsection (1)--

(a) for "intoxicating liquor", in each place it occurs, substitute "alcohol",

(b) in paragraph (b) for "liquor" substitute "alcohol", and

(3) For subsection (7) substitute--

" (7) In this section--

"alcohol"--
(a)
in relation to England and Wales, has the same meaning as in the Licensing Act 2003;
(b)
in relation to Northern Ireland, has the same meaning as "intoxicating liquor" in the Licensing (Northern Ireland) Order 1996; and
"licensed premises"--
(a)
in relation to England and Wales, means premises which may by virtue of Part 3 or Part 5 of the Licensing Act 2003 (premises licence; permitted temporary activity) be used for the supply of alcohol within the meaning of section 14 of that Act;
(b)
in relation to Northern Ireland, has the same meaning as in the Licensing (Northern Ireland) Order 1996. "

Police Act 1997 (c. 50)

116 In section 115(5) of the Police Act 1997 (enhanced criminal record certificates), after paragraph (d) insert--

" (da) a personal licence under the Licensing Act 2003; " .

London Local Authorities Act 2000 (c. vii)

117 In section 32 of the London Local Authorities Act 2000 (interpretation of provisions about the licensing of buskers), in the definition of "busking", for paragraph (b) substitute--

" (b) under and in accordance with a premises licence under Part 3 of the Licensing Act 2003, or a temporary event notice having effect under Part 5 of that Act, which authorises the provision of regulated entertainment (within paragraph 2(1)(e) to (h) or 3(2) of Schedule 1 to that Act (music and dancing)); " .

Private Security Industry Act 2001 (c. 12)

118 (1) Paragraph 8 of Schedule 2 to the Private Security Industry Act 2001 (door supervisors etc. for licensed premises) is amended as follows.

(2) In sub-paragraph (2), for paragraphs (a) to (d) substitute--

" (a) any premises in respect of which a premises licence or temporary event notice has effect under the Licensing Act 2003 to authorise the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises;

(b) any premises in respect of which a premises licence or temporary event notice has effect under that Act to authorise the provision of regulated entertainment; " .

(3) For sub-paragraph (3) substitute--

" (3) For the purposes of this paragraph, premises are not licensed premises--

(a) if there is in force in respect of the premises a premises licence which authorises regulated entertainment within paragraph 2(1)(a) or (b) of Schedule 1 to the Licensing Act 2003 (plays and films);

(b) in relation to any occasion on which the premises are being used--

(i) exclusively for the purposes of a club which holds a club premises certificate in respect of the premises, or

(ii) for regulated entertainment of the kind mentioned in paragraph (a), in circumstances where that use is a permitted temporary activity by virtue of Part 5 of that Act;

(c) in relation to any occasion on which a licence is in force in respect of the premises under the Gaming Act 1968 (c. 65) and the premises are being used wholly or mainly for the purposes of gaming to which Part 2 of that Act applies; or

(d) in relation to any such other occasion as may be prescribed for the purposes of this sub-paragraph. "

(4) After sub-paragraph (5) insert--

" (6) Sub-paragraphs (2)(a) and (b) and (3)(a) and (b) are to be construed in accordance with the Licensing Act 2003. "

Criminal Justice and Police Act 2001 (c. 16)

119 The Criminal Justice and Police Act 2001 is amended as follows.

120 In section 1(1) (offences leading to penalties on the spot), at the end of the Table insert--

" Section 149(4) of the Licensing Act 2003

Buying or attempting to buy alcohol for consumption on licensed premises, etc. by child "

121 In section 12 (alcohol consumption in designated public place)--

(a) in subsections (1) and (2), for "intoxicating liquor", in each place it occurs, substitute "alcohol", and

(b) in subsection (2) for "such liquor" substitute "alcohol".

122 In section 13 (designated public places), in subsection (2) for "intoxicating liquor" substitute "alcohol".

123 (1) Section 14 (places which are not designated public places) is amended as follows.

(2) In subsection (1)--

(a) for paragraphs (a) to (d) substitute--

" (a) premises in respect of which a premises licence or club premises certificate, within the meaning of the Licensing Act 2003, has effect;

(b) a place within the curtilage of premises within paragraph (a);

(c) premises which by virtue of Part 5 of the Licensing Act 2003 may for the time being be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the last 20 minutes; " , and

(b) in paragraph (e), for "intoxicating liquor" substitute "alcohol".

(3) Omit subsection (2).

124 In section 15(1)(a) (byelaw prohibiting consumption of alcohol), for "intoxicating liquor" substitute "alcohol".

125 In section 16(1) (interpretation of sections 12 to 15)--

(a) before the definition of "designated public place" insert--

" "alcohol" has the same meaning as in the Licensing Act 2003; " ,

(b) omit the definition of "intoxicating liquor", and the word "and" immediately following it, and

"supply of alcohol" has the meaning given by section 14 of the Licensing Act 2003 " .

126 In each of the following provisions, for "unlicensed sale of intoxicating liquor" substitute "unauthorised sale of alcohol"--

(a) section 19(1) and (2) (service of closure notice by constable or local authority),

(b) section 20(3)(a) (no application for closure order where unauthorised sale of alcohol has ceased),

(d) section 27(6) (fixing notice on premises where personal service cannot be effected).

127 In section 28 (interpretation of provisions relating to closure of unlicensed premises)--

(a) before the definition of "closure notice" insert--

" "alcohol" has the same meaning as in the Licensing Act 2003; " ,

(b) omit the definition of "intoxicating liquor", and

" "unauthorised sale", in relation to any alcohol, means any supply of the alcohol (within the meaning of section 14 of the Licensing Act 2003) which--

(a) is a licensable activity within the meaning of that Act, but

(b) is made otherwise than under and in accordance with an authorisation (within the meaning of section 136 of that Act). "

128 In Schedule 1 (powers of seizure)--

(a) at the end of Part 1 insert--

" Licensing Act 2003

74. The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club). " , and

(b) at the end of Part 3 insert--

" Licensing Act 2003

110. The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club). "

Section 199

SCHEDULE 7 Repeals

Short title and chapter	Extent of repeal
Universities (Wine Licences) Act 1743 (c. 40)	The whole Act.
Sunday Observance Act 1780 (21 Geo. 3 c. 49)	The whole Act.
Metropolitan Police Act 1839 (c. 47)	Section 41.
Town Police Clauses Act 1847 (c. 89)	Section 35.
Cambridge Award Act 1856 (c. xvii)	Sections 9 and 11.
Inebriates Act 1898 (c. 60)	In the First Schedule-- the entry relating to section 18 of the Licensing Act 1872, and the entry relating to section 41 of the Refreshment Houses Act 1860.
Sunday Entertainments Act 1932 (c. 51)	The whole Act.
Children and Young Persons Act 1933 (c. 12)	In section 12(3), the words from ", and also" to the end. In section 107, the definition of "intoxicating liquor".
Public Health Act 1936 (c. 49)	Section 226(4).
Common Informers Act 1951 (c. 39)	In the Schedule-- the entry relating to section 11 of the Universities (Wine Licences) Act 1743, and the entry relating to the Sunday Observance Act 1780.
Hypnotism Act 1952 (c. 46)	Section 1(2).
London Government Act 1963 (c. 33)	Section 52(3). Schedule 12.
Offices, Shops and Railway Premises Act 1963 (c. 41)	In section 90, the definition of "place of public entertainment".
Licensing Act 1964 (c. 26)	The whole Act.
Administration of Justice Act 1964 (c. 42)	In Schedule 3, paragraph 31.
Refreshment Houses Act 1964 (c. 88)	The whole Act.
Private Places of Entertainment (Licensing) Act 1967 (c. 19)	The whole Act.
Licensing (Amendment) Act 1967 (c. 51)	The whole Act.
Finance Act 1967 (c. 54)	In section 5-- in subsection (1),the words "; and accordingly as from that date--" and paragraphs (c) and (e), and in subsection (3), the words "which is registered within the meaning of the Licensing Act 1964 or". Section 45(4). Schedule 7.
Theatres Act 1968 (c. 54)	Section 15(6). Section 17. In section 18(1), in the definition of "licensing authority", paragraphs (a), (b) and (bb). In Schedule 2-- the entries relating to the Licensing Act 1964, and the entry relating to the Private Places of Entertainment (Licensing) Act 1967.
Gaming Act 1968 (c. 65)	In Schedule 9-- paragraph 11(5), paragraph 14, and paragraph 24. In Schedule 11, in Part 3, the entries relating to the Licensing Act 1964.
Greater London Council (General Powers) Act 1968 (c.xxxix)	Sections 47 to 55.
Late Night Refreshment Houses Act 1969 (c. 53)	The whole Act.
Finance Act 1970 (c. 24)	In section 6(2)(b), the words ", the Licensing Act 1964".
Courts Act 1971 (c. 23)	In Schedule 6, paragraphs 7 and 13. In Schedule 8, paragraph 42. In Schedule 9, in Part 1, the entries relating to-- the London Government Act 1963, the Licensing Act 1964, the Private Places of Entertainment (Licensing) Act 1967, the Theatres Act 1968, and the Late Night Refreshment Houses Act 1969.
Sunday Theatre Act 1972 (c. 26)	The whole Act.
Local Government Act 1972 (c. 70)	In section 78(1), the definition of "public body". Section 204. In Schedule 25, paragraphs 1 to 9.
Local Government Act 1974 (c. 7)	In Schedule 6, paragraph 24.
Licensing (Amendment) Act 1976 (c. 18 )	The whole Act.
Lotteries and Amusements Act 1976 (c. 32)	In Schedule 3-- in paragraph 1(2), the definition of "the proper officer of the authority", and paragraphs 8(4) and 11.
Licensing (Scotland) Act 1976 (c. 66)	In Schedule 7, paragraphs 9(a), (b), (d) and (f), 10, 11 and 12.
Greater London Council (General Powers) Act 1976 (c. xxvi)	Sections 5 to 8.
Licensing (Amendment) Act 1977 (c. 26)	The whole Act.
Greater London Council (General Powers) Act 1978 (c. xiii)	Sections 3 and 4. Section 5(4)(a)(ii) and the word "or" immediately preceding it.
Customs and Excise Management Act 1979 (c. 2)	In Schedule 4, in paragraph 12, in the Table, the entry relating to the Licensing Act 1964.
Alcoholic Liquor Duties Act 1979 (c. 4)	In section 4-- in the definition of "justices' licence" and "justices' on-licence", paragraph (a), and in the definition of "registered club", the words "which is for the time being registered within the meaning of the Licensing Act 1964 or". In section 71(5)-- the words "England and Wales or", and paragraph (c). In Schedule 3, paragraph 5.
Greater London Council (General Powers) Act 1979 (c. xxiii)	Section 3.
Licensing (Amendment) Act 1980 (c. 40)	The whole Act.
Magistrates' Courts Act 1980 (c. 43)	In Schedule 6, in Part 3, paragraphs 3 and 5. In Schedule 7, paragraphs 45 to 48 and 50.
Local Government, Planning and Land Act 1980 (c. 65)	Sections 131 and 132. In section 133(1), the definitions of "development corporation" and "the 1964 Act".
Highways Act 1980 (c. 66)	In Schedule 24, paragraph 12.
Finance Act 1981 (c. 35)	In Schedule 8, paragraphs 24 and 25.
Licensing (Amendment) Act 1981 (c. 40)	The whole Act.
Supreme Court Act 1981 (c. 54)	In section 28(2)(b), the words "the Licensing Act 1964,".
New Towns Act 1981 (c. 64)	In Schedule 2, paragraph 2. In Schedule 12, paragraphs 1 and 29(a)(i).
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)	Section 1. Sections 4 to 7. Schedule 1. In Schedule 2, paragraphs 1 to 6.
Greater London Council (General Powers) Act 1982 (c. i)	Section 7.
Representation of the People Act 1983 (c. 2)	In Schedule 7, paragraph 4. In Schedule 8, paragraphs 7 to 10.
Licensing (Occasional Permissions) Act 1983 (c. 24)	The whole Act.
Building Act 1984 (c. 55)	In section 74(2), paragraph (a) and the word "or" immediately following it.
Greater London Council (General Powers) Act 1984 (c.xxvii)	Section 4(1) and (3). Sections 19 to 22.
Cinemas Act 1985 (c. 13)	Section 3(1A). Section 9. Sections 17 and 18. In section 19(3), paragraph (a) and the word "or" immediately following it. In Schedule 2, paragraphs 2, 3, 6, 7, 8, 14, 15 and 16(a) and the word "and" immediately following it.
Licensing (Amendment) Act 1985 (c. 40)	The whole Act.
Local Government Act 1985 (c. 51)	In Schedule 8-- paragraph 1(1), in paragraph 1(3), the words following paragraph (c), and paragraphs 2 to 5.
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)	Section 2(1A). Sections 3 to 6. Section 8(d) and (e). Section 9(5). The Schedule.
Insolvency Act 1985 (c. 65)	In Schedule 8, paragraph 12.
Insolvency Act 1986 (c. 45)	In Schedule 14, the entries relating to the Licensing Act 1964.
Sex Discrimination Act 1986 (c. 59)	Section 5.
Public Order Act 1986 (c. 64)	In Schedule 1, paragraphs 4, 5, 7(5) and 8.
Greater London Council (General Powers) Act 1986 (c. iv)	Section 3.
Fire Safety and Safety of Places of Sport Act 1987 (c. 27)	Sections 42, 43, 45 and 46. Schedule 3. In Schedule 5-- in paragraph 1, the definition of "the 1963 Act" and the definition of "the 1982 Act" and the word "and" immediately preceding it, and paragraphs 8 to 10.
Licensing Act 1988 (c. 17)	The whole Act.
Licensing (Retail Sales) Act 1988 (c. 25)	The whole Act.
Licensing (Amendment) Act 1989 (c. 20)	The whole Act.
Employment Act 1989 (c. 38)	In Schedule 6, paragraph 30.
Town and Country Planning Act 1990 (c. 8)	Section 334.
Entertainments (Increased Penalties) Act 1990 (c. 20)	Section 1.
Licensing (Low Alcohol Drinks) Act 1990 (c. 21)	Section 1.
Broadcasting Act 1990 (c. 42)	In Schedule 20, paragraphs 7 and 8.
London Local Authorities Act 1990 (c. vii)	Sections 4 to 17, 19 and 20.
London Local Authorities (No. 2) Act 1990 (c. xxx)	Section 6.
Finance Act 1991 (c. 31)	In Schedule 2, in paragraph 1, the words ", the Licensing Act 1964".
London Local Authorities Act 1991 (c. xiii)	Sections 18 to 21.
Sporting Events (Control of Alcohol etc.) (Amendment) Act 1992 (c. 57)	The whole Act.
Charities Act 1993 (c. 10)	In Schedule 6, paragraph 27.
Local Government (Wales) Act 1994 (c. 19)	In Schedule 2, paragraph 2. In Schedule 15, paragraph 41. In Schedule 16, paragraphs 22, 29, 32, 36, 69 and 73.
Coal Industry Act 1994 (c. 21)	In Schedule 9, paragraph 8.
Criminal Justice and Public Order Act 1994 (c. 33)	In section 63-- in subsection (10), the definitions of "entertainment licence" and "local authority", and subsection (11).
Deregulation and Contracting Out Act 1994 (c. 40)	Section 18(1). Section 19. Section 21. Schedule 7. In Schedule 11, paragraph 1.
London Local Authorities Act 1994 (c. xii)	Section 5.
Licensing (Sunday Hours) Act 1995 (c. 33)	The whole Act.
London Local Authorities Act 1995 (c. x)	In section 14-- in paragraph (B), the words "Schedule 12 to the London Government Act 1963," and "or the Private Places of Entertainment (Licensing) Act 1967", and paragraphs (C) to (E). Section 28. Sections 45 and 46.
London Local Authorities Act 1996 (c. ix)	Sections 20 to 23.
Justices of the Peace Act 1997 (c. 25)	In Schedule 4, in paragraph 17(3), the words ", other than any duties as secretary to a licensing planning committee under Part VII of the Licensing Act 1964".
Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)	In section 1(1), the words "(other than a sealed container)".
Public Entertainments Licences (Drug Misuse) Act 1997 (c. 49)	The whole Act.
Access to Justice Act 1999 (c. 22)	In Schedule 10, paragraphs 23 to 29 and 31. In Schedule 11, paragraph 17. In Schedule 13, paragraphs 36 to 56, 61, 62, 87, 124 and 132.
Greater London Authority Act 1999 (c. 29)	In Schedule 29, paragraphs 6, 67, 70 and 71.
Licensing (Young Persons) Act 2000 (c. 30)	The whole Act.
Freedom of Information Act 2000 (c. 36)	In Schedule 1, paragraph 17.
London Local Authorities Act 2000 (c. vii)	Sections 22 to 26. Schedule 1.
Criminal Justice and Police Act 2001 (c. 16)	In section 1(1), in the Table, the entry relating to section 169C(3) of the Licensing Act 1964. In section 12(2)(b), the words "(other than a sealed container)". Section 14(2). Pages: P.1 \| P.2 \| P.3 \| P.4 \| P.5 \| P.6 \| P.7 \| P.8 \| P.9 \| P.10 \| P.11 \| P.12 \| P.13 \| P.14 \| P.15 \| P.16 \| P.17 -- Back -- Stat	Other