OpenLegislation

Section 28 Sections 19 to 27: interpretation

England and Wales

(1)

In sections 19 to 27 and this section—

  • F1“alcohol” has the same meaning as in the Licensing Act 2003;

  • “closure notice” means a notice under section 19(1) or (2);

  • “closure order” means an order under section 21;

  • F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “notice” means notice in writing;

  • “premises” includes any land or other place (whether enclosed or otherwise);

  • “sale” includes exposure for sale; and

  • F3“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—

    1. (a)

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

    2. (b)

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

(2)

In sections 19 to 27 “local authority” means—

(a)

in relation to England—

(i)

a county council;

(ii)

a district council;

(iii)

a London borough council;

(iv)

the Common Council of the City of London in its capacity as a local authority;

(v)

the Council of the Isles of Scilly;

(b)

in relation to Wales, a county council or a county borough council.

(3)

References in sections 19 to 27 to a person who has an interest in the premises are references to any person who is the owner, leaseholder or occupier of the premises.

Annotations

Textual amendments

F1

S. 28: definition of "alcohol" inserted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 127(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F2

S. 28: definition of "intoxicating liquor" repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 199, 201, Sch. 6 para. 127(b), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F3

S. 28: definition of "unlicensed sale" substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 127(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)