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The Licensing Act 2003 (Late Night Refreshment) Regulations 2015

S.I. 2015/1781 · Made 13 October 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Licences And Licensing

Made 13th October 2015

Laid before Parliament 15th October 2015

Coming into force 5th November 2015

The Secretary of State, in exercise of the powers conferred by section 193f1 of and paragraph 2A(2) of Schedule 2f2 to the Licensing Act 2003f3, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

See the definition of “regulations”. There are amendments to section 193 which are not relevant to these Regulations.

f2

Paragraph 2A was inserted by section 71(1) and (3) of the Deregulation Act 2015 (c. 20).

f3

2003 c. 17.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Descriptions of exempted premises
  4. 4Descriptions of exempted premises
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Licensing Act 2003 (Late Night Refreshment) Regulations 2015 and come into force on 5th November 2015.

2Interpretation

In these Regulations—

  • “domestic premises” has the meaning given by paragraph 12ZA(7) of Schedule 1 to the 2003 Actf1;

  • “premises used as a hospital” has the meaning given by paragraph 19(3) of Schedule 1 to the 2003 Actf2;

  • “local authority” has the meaning given by paragraph 20 of Schedule 1 to the 2003 Actf3;

  • “school” has the meaning given by paragraph 21 of Schedule 1 to the 2003 Actf4;

  • “the 2003 Act” means the Licensing Act 2003.

3Descriptions of exempted premises

The following descriptions of premises are prescribed for the purposes of paragraph 2A(2) of Schedule 2 to the 2003 Act—

(a)

premises situated on land for the time being used for the provision of facilities to be used in connection with the use of a special road provided for the use of traffic of class I (with or without other classes) (motorway service area);

(b)

premises used for the retailing of petrol or derv;

(c)

premises in which a local authority has a relevant property interest or which are lawfully occupied by that authority, except—

(i)

any domestic premises within those premises; or

(ii)

when an event is taking place at which more than 500 people are present;

(d)

the premises of a school except—

(i)

any domestic premises within the school; or

(ii)

when an event is taking place at which more than 500 people are present;

(e)

premises used as a hospital, except any domestic premises within the hospital;

(f)

community premises, except when an event is taking place at which more than 500 people are present;

(g)

licensed premises authorised to sell by retail alcohol for consumption on the premises between the hours of 11pm and 5am.

4Descriptions of exempted premises

For the purposes of these Regulations, a local authority has a relevant property interest in premises if that local authority—

(a)

is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or

(b)

holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

Signature

Mike Penning

Minister of State

Home Office

13th October 2015

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe those descriptions of premises that a licensing authority is permitted to designate under paragraph 2A of Schedule 2 to the Licensing Act 2003 as exempt from the licensing requirements that apply to the provision of late night refreshment, that is to say the supply to the public of hot food or hot drinks between 11pm and 5am.