Licensing Act 2003 in Northern Ireland
2003 c. 17 · Enacted 10 July 2003 · Extends to England, Wales and Northern Ireland
An Act to make provision about the regulation of the sale and supply of alcohol, the provision of entertainment and the provision of late night refreshment, about offences relating to alcohol and for connected purposes. C1
C2[10th July 2003]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C3
Annotations to the whole text
Modifications
- C1
Act modified (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2007/1118, art. 6
- C2
Act modified (28.11.2008) by S.I. 2008/2867, reg. 12(1)(a)(ii)
- C3
Act modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), reg. 18(2)(a)(7) (with reg. 1(2)(3))
Contents
- 1Licensable activities and qualifying club activities
- 2Authorisation for licensable activities and qualifying club activities
- The authorities
- 3Licensing authorities
- 4General duties of licensing authorities
- 5ACumulative impact assessments
- 6Licensing committees
- 8AGreater London strategic licensing policy
- Licensing committees
- 9Proceedings of licensing committee
- Introductory
- 11Premises licence
- 12The relevant licensing authority
- 14Meaning of “supply of alcohol”
- 15Meaning of “designated premises supervisor”
- 17ALicence applications of potential strategic importance: Greater London
- 19APower of Secretary of State to impose section 19(4) mandatory conditions
- 20Mandatory condition: exhibition of films
- 23Grant or rejection of application
- Power of Mayor of London to determine licence applications
- Duration of licence
- 28Surrender of premises licence
- Provisional statement
- 29Application for a provisional statement where premises being built, etc.
- 30Advertisement of application for provisional statement
- 32Restriction on representations following provisional statement
- Duty to notify certain changes
- 33Notification of change of name or address
- Variation of licences
- 34AApplications to vary of potential strategic importance: Greater London
- 36Supplementary provision about determinations under section 35
- 38Circumstances in which section 37 application given interim effect
- 40Duty of applicant following determination under section 39
- 41Request to be removed as designated premises supervisor
- Power of Mayor of London to determine applications to vary
- 41ZAPower of the Mayor of London to determine applications to vary
- 41ZBDirections by the Mayor of London
- 41ZCIntervening decision by a London licensing authority
- 41ZDNotification by the London licensing authority
- 41AApplication for minor variation of premises licence
- 41CSupplementary provision about determinations under section 41B
- Transfer of premises licence
- 43Circumstances in which transfer application given interim effect
- 46Duty to notify designated premises supervisor of transfer
- Interim authority notices
- 49Supplementary provision about interim authority notices
- Transfer following death etc. of licence holder
- Summary reviews in serious cases of crime or disorder
- 53DInterim steps pending section 53C decision coming into effect
- 54Form etc. of applications and notices under Part 3
- 55ASuspension of premises licence for failing to pay annual fee
- Production of licence, rights of entry, etc.
- 56Licensing authority’s duty to update licence document
- 59Inspection of premises before grant of licence etc.
- Introductory
- 60Club premises certificate
- Qualifying clubs
- 61Qualifying clubs
- 62The general conditions
- 63Determining whether a club is established and conducted in good faith
- 66Miners' welfare institutes
- Interpretation
- 67Associate members and their guests
- 68The relevant licensing authority
- 70Other definitions relating to clubs
- 73Certificate authorising supply of alcohol for consumption off the premises
- 73AMandatory conditions relating to the supply of alcohol to members or guests
- 73BPower of Secretary of State to impose section 73A mandatory conditions
- 74Mandatory condition: exhibition of films
- 75Prohibited conditions: associate members and their guests
- 77Grant or rejection of application for club premises certificate
- Duration of certificate
- 81Surrender of club premises certificate
- Duty to notify certain changes
- 82Notification of change of name or alteration of rules of club
- 83Change of relevant registered address of club
- Variation of certificates
- 86Supplementary provision about applications under section 84
- Variation of certificates: minor variations
- 86AApplication for minor variation of club premises certificate
- 86CSupplementary provision about determinations under section 86B
- Review of certificates
- 89Supplementary provision about review
- Withdrawal of certificates
- 90Club ceasing to be a qualifying club
- 91Form etc. of applications and notices under Part 4
- 92ASuspension of club premises certificate for failing to pay annual fee
- Production of certificate, rights of entry, etc.
- 93Licensing authority’s duty to update club premises certificate
- 96Inspection of premises before grant of certificate etc.
- 99The relevant licensing authority
- 99AMeaning of “relevant person”
- 100AStandard and late temporary event notices
- 103Withdrawal of notice
- Limits on temporary event notices
- Rights of entry, production of notice, etc.
- 108Right of entry where temporary event notice given
- Miscellaneous
- Introductory
- 111Personal licence
- 112The relevant licensing authority
- 114Spent convictions
- 116Surrender of personal licence
- Grant ... of licences
- 118Individual permitted to hold only one personal licence
- Duty to notify certain changes
- 127Duty to notify change of name or address
- Conviction of licence holder for relevant offence
- 129Forfeiture or suspension of licence on conviction for relevant offence
- 132AConvictions etc of licence-holder: powers of licensing authority
- General provision
- 133Form etc. of applications and notices under Part 6
- Production of licence
- 135Licence holder’s duty to produce licence
- Part 7: Offences
- 138Keeping alcohol on premises for unauthorised sale etc.
- 139Defence of due diligence
- 140Allowing disorderly conduct on licensed premises etc.
- 141Sale of alcohol to a person who is drunk
- 142Obtaining alcohol for a person who is drunk
- 143Failure to leave licensed premises etc.
- 144Keeping of smuggled goods
- 145Unaccompanied children prohibited from certain premises
- 146Sale of alcohol to children
- 147Allowing the sale of alcohol to children
- 147BOrder suspending a licence in respect of offence under section 147A
- 149Purchase of alcohol by or on behalf of children
- 150Consumption of alcohol by children
- 151Delivering alcohol to children
- 152Sending a child to obtain alcohol
- 153Prohibition of unsupervised sales by children
- 154Enforcement role for weights and measures authorities
- Confiscation of alcohol
- 155Confiscation of sealed containers of alcohol
- 159Interpretation of Part 7
- Closure of premises in an identified area
- 162Extension of closure order Repealed
- 163Cancellation of closure order Repealed
- 164Application to magistrates' court by police Repealed
- 169BEffect of closure notices
- 170Exemption of police from liability for damages
- Interpretation
- Special occasions
- 172Relaxation of opening hours for special occasions
- Exemptions etc.
- 173Activities in certain locations not licensable
- 174Certifying of premises on grounds of national security
- Service areas and garages etc.
- 176Prohibition of alcohol sales at service areas, garages etc.
- Rights of freeholders etc.
- 178Right of freeholder etc. to be notified of licensing matters
- Rights of entry
- 180Right of entry to investigate offences
- Appeals
- 181Appeals against decisions of licensing authorities or the Mayor of London
- Guidance, hearings etc.
- 183Hearings
- 184Giving of notices, etc.
- 185Provision of information
- General provisions about offences
- 187Offences by bodies corporate etc.
- 188Jurisdiction and procedure in respect of offences
- Vessels, vehicles and moveable structures
- 189Vessels, vehicles and moveable structures
- 190Location of sales
- 192Meaning of “sale by retail”
- 192AEntitlement to work in the United Kingdom
- Supplementary and general
- 195Crown application
- 196Removal of privileges and exemptions
- 198Minor and consequential amendments
- 199Repeals
- 200Transitional provision etc.
- 201Short title, commencement and extent
- Part 1: General definitions
- The provision of regulated entertainment
- Entertainment
- Entertainment facilities
- Power to amend Schedule
- Film exhibitions for the purposes of advertisement, information, education, etc.
- 5Paragraph 5
- Film exhibitions: museums and art galleries
- 6Paragraph 6
- Film exhibitions: community premises
- 6AParagraph 6A
- Music and film incidental to certain other activities
- Use of television or radio receivers
- Religious services, places of worship etc.
- Garden fêtes, etc.
- Morris dancing etc.
- Sexual entertainment venues
- Entertainment provided by health care providers, local authorities and school proprietors
- 12ZAParagraph 12ZA
- Music at community premises etc.
- 12ZBParagraph 12ZB
- 12AParagraph 12A
- 12CParagraph 12C
- Circuses
- 12DParagraph 12D
- Boxing or wrestling entertainment: certain forms of wrestling
- 12EParagraph 12E
- General
- 13Paragraph 13
- Plays
- 14Paragraph 14
- Film exhibitions
- 15Paragraph 15
- Indoor sporting events
- Boxing or wrestling entertainments
- Music
- 18Paragraph 18
- Health care providers and hospitals
- 19Paragraph 19
- Local authorities
- 20Paragraph 20
- The provision of late night refreshment
- Hot food or hot drink
- 2Paragraph 2
- Exempt supplies: designated areas, descriptions of premises and times
- 2AParagraph 2A
- Exempt supplies: clubs, hotels etc. and employees
- 3Paragraph 3
- Exempt supplies: premises licensed under certain other Acts
- 4Paragraph 4
- Miscellaneous exempt supplies
- Clubs which are not recognised clubs: members and guests
- 6Paragraph 6
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 7AParagraph 7A
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 19AParagraph 19A
- 19BParagraph 19B
- 20Paragraph 20
- 21Paragraph 21
- 22ZAParagraph 22ZA
- 23Paragraph 23
- 23AParagraph 23A
- 23BParagraph 23B
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Rejection of applications relating to premises licences
- 1Paragraph 1
- 1AParagraph 1A
- Decision to grant premises licence or impose conditions etc.
- 2Paragraph 2
- 2AParagraph 2A
- Issue of provisional statement
- 3Paragraph 3
- Variation of licence under section 35 or 41ZB
- 4Paragraph 4
- 4AParagraph 4A
- Variation of licence to specify individual as premises supervisor
- 5Paragraph 5
- Transfer of licence
- Interim authority notice
- Review of premises licence
- 8Paragraph 8
- Summary review of premises licence
- 8AParagraph 8A
- Review of interim steps
- 8BParagraph 8B
- General provision about appeals under this Part
- Part 2: Club premises certificates
- Rejection of applications relating to club premises certificates
- 10Paragraph 10
- Decision to grant club premises certificate or impose conditions etc.
- 11Paragraph 11
- Variation of club premises certificate
- 12Paragraph 12
- Review of club premises certificate
- 13Paragraph 13
- Withdrawal of club premises certificate
- 14Paragraph 14
- General provision about appeals under this Part
- Part 3: Other appeals
- Temporary event notices
- Personal licences
- Closure orders
- Part 4: Questions about leave to enter or remain in the UK
- 19Paragraph 19
- Universities (Wine Licences) Act 1743 (c. 40)
- 1Paragraph 1
- Disorderly Houses Act 1751 (c. 36)
- Sunday Observance Act 1780 (c. 49)
- 3Paragraph 3
- Town Police Clauses Act 1847 (c. 89)
- 4Paragraph 4
- Cambridge Award Act 1856 (c. xvii)
- 5Paragraph 5
- Inebriates Act 1898 (c. 60)
- 6Paragraph 6
- Licensing Act 1902 (c. 28)
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Celluloid and Cinematograph Film Act 1922 (c. 35)
- 10Paragraph 10
- Sunday Entertainments Act 1932 (c. 51)
- 11Paragraph 11
- Children and Young Persons Act 1933 (c. 12)
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Public Health Act 1936 (c. 49)
- 16Paragraph 16
- London Building Acts (Amendment) Act 1939 (c. xcvii)
- 17Paragraph 17
- Civic Restaurants Act 1947 (c. 22)
- 18Paragraph 18
- London County Council (General Powers) Act 1947 (c. xlvi)
- 19Paragraph 19
- National Parks and Access to the Countryside Act 1949 (c. 97)
- 20Paragraph 20
- Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Hypnotism Act 1952 (c. 46)
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Obscene Publications Act 1959 (c. 66)
- 28Paragraph 28
- Betting, Gaming and Lotteries Act 1963 (c. 2)
- Children and Young Persons Act 1963 (c. 37)
- 32Paragraph 32
- Offices, Shops and Railway Premises Act 1963 (c. 41)
- 33Paragraph 33
- Greater London Council (General Powers) Act 1966 (c. xxviii)
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Finance Act 1967 (c. 54)
- 37Paragraph 37
- Criminal Appeal Act 1968 (c. 19)
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- Theatres Act 1968 (c. 54)
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- Gaming Act 1968 (c. 65)
- City of London (Various Powers) Act 1968 (c. xxxvii)
- 53Paragraph 53
- Finance Act 1970 (c. 24)
- 54Paragraph 54
- Sunday Theatre Act 1972 (c. 26)
- 55Paragraph 55
- Local Government Act 1972 (c. 70)
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- Lotteries and Amusements Act 1976 (c. 32)
- Rent Act 1977 (c. 42)
- 67Paragraph 67
- Greater London Council (General Powers) Act 1978 (c. xiii)
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- Alcoholic Liquor Duties Act 1979 (c. 4)
- 71Paragraph 71
- 72Paragraph 72
- Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
- Magistrates' Courts Act 1980 (c. 43)
- 75Paragraph 75
- Local Government, Planning and Land Act 1980 (c. 65)
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- Indecent Displays (Control) Act 1981 (c. 42)
- 80Paragraph 80
- New Towns Act 1981 (c. 64)
- 81Paragraph 81
- Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- Representation of the People Act 1983 (c. 2)
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- Video Recordings Act 1984 (c. 39)
- 89Paragraph 89
- Building Act 1984 (c. 55)
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- Police and Criminal Evidence Act 1984 (c. 60)
- Greater London Council (General Powers) Act 1984 (c. xxvii)
- 94Paragraph 94
- Cinemas Act 1985 (c. 13)
- 95Paragraph 95
- Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98 Not yet in force
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- Housing Act 1985 (c. 68)
- 102Paragraph 102
- 103Paragraph 103
- 104Paragraph 104
- Sex Discrimination Act 1986 (c. 59)
- 105Paragraph 105
- Fire Safety and Safety of Places of Sport Act 1987 (c. 27)
- 106Paragraph 106
- Norfolk and Suffolk Broads Act 1988 (c. 4)
- 107Paragraph 107
- Housing Act 1988 (c. 50)
- 108Paragraph 108
- Town and Country Planning Act 1990 (c. 8)
- 109Paragraph 109
- Sunday Trading Act 1994 (c. 20)
- 110Paragraph 110
- Criminal Justice and Public Order Act 1994 (c. 33)
- 111Paragraph 111
- Deregulation and Contracting Out Act 1994 (c. 40)
- 112Paragraph 112
- London Local Authorities Act 1995 (c. x)
- 113Paragraph 113
- Employment Rights Act 1996 (c. 18)
- 114Paragraph 114
- Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)
- 115Paragraph 115
- Police Act 1997 (c. 50)
- London Local Authorities Act 2000 (c. vii)
- 117Paragraph 117
- Private Security Industry Act 2001 (c. 12)
- 118Paragraph 118
- 119Paragraph 119
- 120Paragraph 120
- 121Paragraph 121 Repealed
- 122Paragraph 122 Repealed
- 123Paragraph 123 Repealed
- 124Paragraph 124 Repealed
- 125Paragraph 125 Repealed
- 126Paragraph 126
- 127Paragraph 127
- 128Paragraph 128
- Schedule 8: Transitional provision etc.
- Part 1: Premises licences
- Introductory
- 1Paragraph 1
- Application for conversion of existing licence
- 2Paragraph 2
- Police consultation
- 3Paragraph 3
- Determination of application
- 4Paragraph 4
- Notification of determination and issue of new licence
- 5Paragraph 5
- The new licence
- 6Paragraph 6
- Variation of new licence
- 7Paragraph 7
- Existing licence revoked after grant of new licence
- 8Paragraph 8
- Appeals
- 9Paragraph 9
- False statements
- 10Paragraph 10
- Opening hours
- 11Paragraph 11
- Provisional licences
- 12Paragraph 12
- Part 2: Club premises certificates
- Introductory
- 13Paragraph 13
- Application for conversion of existing club certificate
- 14Paragraph 14
- Police consultation
- 15Paragraph 15
- Determination of application
- 16Paragraph 16
- Notification of determination and issue of new certificate
- 17Paragraph 17
- The new certificate
- 18Paragraph 18
- Variation of new certificate
- 19Paragraph 19
- Existing club certificate revoked after grant of new certificate
- 20Paragraph 20
- Appeals
- 21Paragraph 21
- False statements
- 22Paragraph 22
- Part 3: Personal licences
- Introductory
- Section 120 disapplied
- 24Paragraph 24
- Police objections
- 25Paragraph 25
- Determination of application
- 26Paragraph 26
- Appeals
- 27Paragraph 27
- Interpretation of Part 3
- 28Paragraph 28
- Part 4: Miscellaneous and general
- Consultation on licensing policy
- 29Paragraph 29
- Meaning of “methylated spirits” (transitory provision)
- 30Paragraph 30
- Savings
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Interpretation
- 34Paragraph 34