Licensing Act 2003 (c. 17)

(The document as of February, 2008)

-- Back --

Page 9

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

(b) the evidence would have convinced a reasonable person.

(5) Where a person ("the accused") is charged with an offence under this section by reason of the act or default of some other person, it is a defence that the accused exercised all due diligence to avoid committing it.

(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) In this section "liqueur confectionery" has the meaning given in section 191(2).

149 Purchase of alcohol by or on behalf of children

(1) An individual aged under 18 commits an offence if--

(a) he buys or attempts to buy alcohol, or

(b) where he is a member of a club--

(i) alcohol is supplied to him or to his order by or on behalf of the club, as a result of some act or default of his, or

(ii) he attempts to have alcohol supplied to him or to his order by or on behalf of the club.

(2) But subsection (1) does not apply where the individual buys or attempts to buy the alcohol at the request of--

(a) a constable, or

(b) a weights and measures inspector,

who is acting in the course of his duty.

(3) A person commits an offence if--

(a) he buys or attempts to buy alcohol on behalf of an individual aged under 18, or

(b) where he is a member of a club, on behalf of an individual aged under 18 he--

(i) makes arrangements whereby alcohol is supplied to him or to his order by or on behalf of the club, or

(ii) attempts to make such arrangements.

(4) A person ("the relevant person") commits an offence if--

(a) he buys or attempts to buy alcohol for consumption on relevant premises by an individual aged under 18, or

(b) where he is a member of a club--

(i) by some act or default of his, alcohol is supplied to him, or to his order, by or on behalf of the club for consumption on relevant premises by an individual aged under 18, or

(ii) he attempts to have alcohol so supplied for such consumption.

(5) But subsection (4) does not apply where--

(a) the relevant person is aged 18 or over,

(b) the individual is aged 16 or 17,

(d) its purchase or supply is for consumption at a table meal on relevant premises, and

(e) the individual is accompanied at the meal by an individual aged 18 or over.

(6) Where a person is charged with an offence under subsection (3) or (4) it is a defence that he had no reason to suspect that the individual was aged under 18.

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

(a) in the case of an offence under subsection (1), to a fine not exceeding level 3 on the standard scale, and

(b) in the case of an offence under subsection (3) or (4), to a fine not exceeding level 5 on the standard scale.

150 Consumption of alcohol by children

(1) An individual aged under 18 commits an offence if he knowingly consumes alcohol on relevant premises.

(2) A person to whom subsection (3) applies commits an offence if he knowingly allows the consumption of alcohol on relevant premises by an individual aged under 18.

(3) This subsection applies--

(a) to a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to prevent the consumption, and

(b) where the alcohol was supplied by a club to or to the order of a member of the club, to any member or officer of the club who is present at the premises at the time of the consumption in a capacity which enables him to prevent it.

(4) Subsections (1) and (2) do not apply where--

(a) the individual is aged 16 or 17,

(b) the alcohol is beer, wine or cider,

(d) the individual is accompanied at the meal by an individual aged 18 or over.

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

(a) in the case of an offence under subsection (1), to a fine not exceeding level 3 on the standard scale, and

(b) in the case of an offence under subsection (2), to a fine not exceeding level 5 on the standard scale.

151 Delivering alcohol to children

(1) A person who works on relevant premises in any capacity, whether paid or unpaid, commits an offence if he knowingly delivers to an individual aged under 18--

(a) alcohol sold on the premises, or

(b) alcohol supplied on the premises by or on behalf of a club to or to the order of a member of the club.

(2) A person to whom subsection (3) applies commits an offence if he knowingly allows anybody else to deliver to an individual aged under 18 alcohol sold on relevant premises.

(3) This subsection applies to a person who works on the premises in a capacity, whether paid or unpaid, which authorises him to prevent the delivery of the alcohol.

(4) A person to whom subsection (5) applies commits an offence if he knowingly allows anybody else to deliver to an individual aged under 18 alcohol supplied on relevant premises by or on behalf of a club to or to the order of a member of the club.

(5) This subsection applies--

(a) to a person who works on the premises in a capacity, whether paid or unpaid, which authorises him to prevent the supply, and

(b) to any member or officer of the club who at the time of the supply in question is present on the premises in a capacity which enables him to prevent the supply.

(6) Subsections (1), (2) and (4) do not apply where--

(a) the alcohol is delivered at a place where the buyer or, as the case may be, person supplied lives or works, or

(b) the individual aged under 18 works on the relevant premises in a capacity, whether paid or unpaid, which involves the delivery of alcohol, or

(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

152 Sending a child to obtain alcohol

(1) A person commits an offence if he knowingly sends an individual aged under 18 to obtain--

(a) alcohol sold or to be sold on relevant premises for consumption off the premises, or

(b) alcohol supplied or to be supplied by or on behalf of a club to or to the order of a member of the club for such consumption.

(2) For the purposes of this section, it is immaterial whether the individual aged under 18 is sent to obtain the alcohol from the relevant premises or from other premises from which it is delivered in pursuance of the sale or supply.

(3) Subsection (1) does not apply where the individual aged under 18 works on the relevant premises in a capacity, whether paid or unpaid, which involves the delivery of alcohol.

(4) Subsection (1) also does not apply where the individual aged under 18 is sent by--

(a) a constable, or

(b) a weights and measures inspector,

who is acting in the course of his duty.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

153 Prohibition of unsupervised sales by children

(1) A responsible person commits an offence if on any relevant premises he knowingly allows an individual aged under 18 to make on the premises--

(a) any sale of alcohol, or

(b) any supply of alcohol by or on behalf of a club to or to the order of a member of the club,

unless the sale or supply has been specifically approved by that or another responsible person.

(2) But subsection (1) does not apply where--

(a) the alcohol is sold or supplied for consumption with a table meal,

(b) it is sold or supplied in premises which are being used for the service of table meals (or in a part of any premises which is being so used), and

(c) the premises are (or the part is) not used for the sale or supply of alcohol otherwise than to persons having table meals there and for consumption by such a person as an ancillary to his meal.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(4) In this section "responsible person" means--

(a) in relation to licensed premises--

(i) the holder of a premises licence in respect of the premises,

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

(iii) any individual aged 18 or over who is authorised for the purposes of this section by such a holder or supervisor,

(b) in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables him to prevent the supply in question, and

(i) the premises user, or

(ii) any individual aged 18 or over who is authorised for the purposes of this section by the premises user.

154 Enforcement role for weights and measures authorities

(1) It is the duty of every local weights and measures authority in England and Wales to enforce within its area the provisions of sections 146 and 147, so far as they apply to sales of alcohol made on or from premises to which the public have access.

(2) A weights and measures inspector may make, or authorise any person to make on his behalf, such purchases of goods as appear expedient for the purpose of determining whether those provisions are being complied with.

Confiscation of alcohol

155 Confiscation of sealed containers of alcohol

(1) In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (right to require surrender of alcohol)--

(a) in subsection (1), omit "(other than a sealed container)",

(b) after that subsection insert--

" (1A) But a constable may not under subsection (1) require a person to surrender any sealed container unless the constable reasonably believes that the person is, or has been, consuming, or intends to consume, alcohol in any relevant place., and "

(2) In section 12(2)(b) of the Criminal Justice and Police Act 2001 (c. 16) (right to require surrender of alcohol), omit "(other than a sealed container)".

Vehicles and trains

156 Prohibition on sale of alcohol on moving vehicles

(1) A person commits an offence under this section if he sells by retail alcohol on or from a vehicle at a time when the vehicle is not permanently or temporarily parked.

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

(3) In proceedings against a person for an offence under this section, it is a defence that--

(a) his act was due to a mistake, or to reliance on information given to him, or to an act or omission by another person, or to some other cause beyond his control, and

(b) he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

157 Power to prohibit sale of alcohol on trains

(1) A magistrates' court acting for a petty sessions area may make an order prohibiting the sale of alcohol, during such period as may be specified, on any railway vehicle--

(a) at such station or stations as may be specified, being stations in that area, or

(b) travelling between such stations as may be specified, at least one of which is in that area.

(2) A magistrates' court may make an order under this section only on the application of a senior police officer.

(3) A magistrates' court may not make such an order unless it is satisfied that the order is necessary to prevent disorder.

(4) Where an order is made under this section, the responsible senior police officer must, forthwith, serve a copy of the order on the train operator (or each train operator) affected by the order.

(5) A person commits an offence if he knowingly--

(a) sells or attempts to sell alcohol in contravention of an order under this section, or

(b) allows the sale of alcohol in contravention of such an order.

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

(7) In this section--

"railway vehicle" has the meaning given by section 83 of the Railways Act 1993;
"responsible senior police officer", in relation to an order under this section, means the senior police officer who applied for the order or, if the chief officer of police of the force in question has designated another senior police officer for the purpose, that other officer;
"senior police officer" means a police officer of, or above, the rank of inspector;
"specified" means specified in the order under this section;
"station" has the meaning given by section 83 of the Railways Act 1993 (c. 43); and
"train operator" means a person authorised by a licence under section 8 of that Act to operate railway assets (within the meaning of section 6 of that Act).

False statement relating to licensing etc.

158 False statements made for the purposes of this Act

(1) A person commits an offence if he knowingly or recklessly makes a false statement in or in connection with--

(a) an application for the grant, variation, transfer or review of a premises licence or club premises certificate,

(b) an application for a provisional statement,

(d) an application for the grant or renewal of a personal licence, or

(e) a notice within section 178(1) (notice by freeholder etc. conferring right to be notified of changes to licensing register).

(2) For the purposes of subsection (1) a person is to be treated as making a false statement if he produces, furnishes, signs or otherwise makes use of a document that contains a false statement.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Interpretation

159 Interpretation of Part 7

In this Part--

"authorisation" has the meaning given in section 136(5);
"relevant premises" means--
(a)
licensed premises, or
(b)
premises in respect of which there is in force a club premises certificate, or

"table meal" means a meal eaten by a person seated at a table, or at a counter or other structure which serves the purpose of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table; and
"weights and measures inspector" means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985 (c. 72).

Part 8 Closure of premises

Closure of premises in an identified area

160 Orders to close premises in area experiencing disorder

(1) Where there is or is expected to be disorder in any petty sessions area, a magistrates' court acting for the area may make an order requiring all premises--

(a) which are situated at or near the place of the disorder or expected disorder, and

(b) in respect of which a premises licence or a temporary event notice has effect,

to be closed for a period, not exceeding 24 hours, specified in the order.

(2) A magistrates' court may make an order under this section only on the application of a police officer who is of the rank of superintendent or above.

(3) A magistrates' court may not make such an order unless it is satisfied that it is necessary to prevent disorder.

(4) Where an order is made under this section, a person to whom subsection (5) applies commits an offence if he knowingly keeps any premises to which the order relates open, or allows any such premises to be kept open, during the period of the order.

(5) This subsection applies--

(a) to any manager of the premises,

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

(i) the holder of a premises licence in respect of the premises, and

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

(c) in the case of premises in respect of which a temporary event notice has effect, to the premises user in relation to that notice.

(6) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) A constable may use such force as may be necessary for the purpose of closing premises ordered to be closed under this section.

Closure of identified premises

161 Closure orders for identified premises

(1) A senior police officer may make a closure order in relation to any relevant premises if he reasonably believes that--

(a) there is, or is likely imminently to be, disorder on, or in the vicinity of and related to, the premises and their closure is necessary in the interests of public safety, or

(b) a public nuisance is being caused by noise coming from the premises and the closure of the premises is necessary to prevent that nuisance.

(2) A closure order is an order under this section requiring relevant premises to be closed for a period not exceeding 24 hours beginning with the coming into force of the order.

(3) In determining whether to make a closure order in respect of any premises, the senior police officer must have regard, in particular, to the conduct of each appropriate person in relation to the disorder or nuisance.

(4) A closure order must--

(a) specify the premises to which it relates,

(b) specify the period for which the premises are to be closed,

(d) state the effect of sections 162 to 168.

(5) A closure order in respect of any relevant premises comes into force at the time a constable gives notice of it to an appropriate person who is connected with any of the activities to which the disorder or nuisance relates.

(6) A person commits an offence if, without reasonable excuse, he permits relevant premises to be open in contravention of a closure order or any extension of it.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000, or to both.

(8) In this section--

"relevant premises" means premises in respect of which one or more of the following have effect--
(a)
a premises licence,
(b)
a temporary event notice; and
"senior police officer" means a police officer of, or above, the rank of inspector.

162 Extension of closure order

(1) Where, before the end of the period for which relevant premises are to be closed under a closure order or any extension of it (the "closure period"), the responsible senior police officer reasonably believes that--

(a) a relevant magistrates' court will not have determined whether to exercise its powers under section 165(2) in respect of the closure order, and any extension of it, by the end of the closure period, and

(b) the conditions for an extension are satisfied,

he may extend the closure period for a further period not exceeding 24 hours beginning with the end of the previous closure period.

(2) The conditions for an extension are that--

(a) in the case of an order made by virtue of section 161(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises,

(b) in the case of an order made by virtue of section 161(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises.

(3) An extension in relation to any relevant premises comes into force when a constable gives notice of it to an appropriate person connected with any of the activities to which the disorder or nuisance relates or is expected to relate.

(4) But the extension does not come into force unless the notice is given before the end of the previous closure period.

163 Cancellation of closure order

(1) The responsible senior police officer may cancel a closure order and any extension of it at any time--

(a) after the making of the order, but

(b) before a relevant magistrates' court has determined whether to exercise its powers under section 165(2) in respect of the order and any extension of it.

(2) The responsible senior police officer must cancel a closure order and any extension of it if he does not reasonably believe that--

(b) in the case of an order made by virtue of section 161(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises.

(3) Where a closure order and any extension of it are cancelled under this section, the responsible senior police officer must give notice of the cancellation to an appropriate person connected with any of the activities related to the disorder (or anticipated disorder) or nuisance in respect of which the closure order was made.

164 Application to magistrates' court by police

(1) The responsible senior police officer must, as soon as reasonably practicable after a closure order comes into force in respect of any relevant premises, apply to a relevant magistrates court for it to consider the order and any extension of it.

(2) Where an application is made under this section in respect of licensed premises, the responsible senior officer must also notify the relevant licensing authority--

(a) that a closure order has come into force,

(b) of the contents of the order and of any extension of it, and

165 Consideration of closure order by magistrates' court

(1) A relevant magistrates' court must as soon as reasonably practicable after receiving an application under section 164(1)--

(a) hold a hearing to consider whether it is appropriate to exercise any of the court's powers under subsection (2) in relation to the closure order or any extension of it, and

(b) determine whether to exercise any of those powers.

(2) The relevant magistrates' court may--

(a) revoke the closure order and any extension of it;

(b) order the premises to remain, or to be, closed until such time as the relevant licensing authority has made a determination in respect of the order for the purposes of section 167;

(c) order the premises to remain or to be closed until that time subject to such exceptions as may be specified in the order;

(d) order the premises to remain or to be closed until that time unless such conditions as may be specified in the order are satisfied.

(3) In determining whether the premises will be, or will remain, closed the relevant magistrates' court must, in particular, consider whether--

(a) in the case of an order made by virtue of section 161(1)(a), closure is necessary in the interests of public safety because of disorder or likely disorder on the premises, or in the vicinity of and related to, the premises;

(b) in the case of an order made by virtue of section 161(1)(b), closure is necessary to ensure that no public nuisance is, or is likely to be, caused by noise coming from the premises.

(4) In the case of licensed premises, the relevant magistrates' court must notify the relevant licensing authority of any determination it makes under subsection (1)(b).

(5) Subsection (2) does not apply if, before the relevant magistrates' court discharges its functions under that subsection, the premises cease to be relevant premises.

(6) Any order made under subsection (2) ceases to have effect if the premises cease to be relevant premises.

(7) A person commits an offence if, without reasonable excuse, he permits relevant premises to be open in contravention of an order under subsection (2)(b), (c) or (d).

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000, or to both.

(9) The powers conferred on a magistrates' court by this section are to be exercised in the place required by the Magistrates' Courts Act 1980 (c. 43) for the hearing of a complaint and may be exercised by a single justice.

(10) Evidence given for the purposes of proceedings under this section must be given on oath.

166 Appeal from decision of magistrates' court

(1) Any person aggrieved by a decision of a magistrates' court under section 165 may appeal to the Crown Court against the decision.

(2) An appeal under subsection (1) 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 the decision appealed against was made.

167 Review of premises licence following closure order

(1) This section applies where--

(a) a closure order has come into force in relation to premises in respect of which a premises licence has effect, and

(b) the relevant licensing authority has received a notice under section 165(4) (notice of magistrates' court's determination), in relation to the order and any extension of it.

(2) The relevant licensing authority must review the premises licence.

(3) The authority must reach a determination on the review no later than 28 days after the day on which it receives the notice mentioned in subsection (1)(b).

(4) The Secretary of State must by regulations--

(a) require the relevant licensing authority to give, to the holder of the premises licence and each responsible authority, notice of--

(i) the review,

(ii) the closure order and any extension of it, and

(iii) any order made in relation to it under section 165(2);

(b) require the authority to advertise the review and invite representations about it to be made to the authority by responsible authorities and interested parties;

(c) prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any interested party;

(d) require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.

(5) The relevant licensing authority must--

(a) hold a hearing to consider--

(i) the closure order and any extension of it,

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

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