Section 136 Unauthorised licensable activities

England and Wales

(1)

A person commits an offence if—

(a)

he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or

(b)

he knowingly allows a licensable activity to be so carried on.

(2)

Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of the entertainment is that he—

(a)

performs in a play,

(b)

participates as a sportsman in an indoor sporting event,

(c)

boxes or wrestles in a boxing or wrestling entertainment,

(d)

performs live music,

(e)

plays recorded music,

(f)

performs dance, or

(g)

does something coming within paragraph 2(1)(h) of Schedule 1 (entertainment similar to music, dance, etc.).

(3)

Subsection (2) is to be construed in accordance with Part 3 of Schedule 1.

(4)

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to F1a fine, or to both.

(5)

In this Part “authorisation” means—

(a)

a premises licence,

(b)

a club premises certificate, or

(c)

a temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied.

Annotations

Textual amendments

F1: Words in s. 136(4) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 33(2) (with reg. 5(1))