Office of Public Sector Information
Section 198
1 The Universities (Wine Licences) Act 1743 ceases to have effect.
2 The Disorderly Houses Act 1751 does not apply in relation to relevant premises within the meaning of section 159 of the Licensing Act 2003.
3 The Sunday Observance Act 1780 ceases to have effect.
4 Section 35 of the Town Police Clauses Act 1847 (harbouring thieves or prostitutes at a public venue) ceases to have effect.
5 The following provisions of the Cambridge Award Act 1856 cease to have effect—
(a) section 9 (revocation of alehouse licence by justice of the peace following complaint by Vice Chancellor of the University), and
(b) section 11 (power to grant wine licence, etc. to remain vested in the Chancellor, Masters and Scholars of the University).
6 In the First Schedule to the Inebriates Act 1898 (offences by reference to which section 6 of the Licensing Act 1902 operates)—
(a) omit the entry relating to section 18 of the Licensing Act 1872 and the entry relating to section 41 of the Refreshment Houses Act 1860, and
(b) after the entries relating to the Merchant Shipping Act 1894 insert—
| “Failing to leave licensed premises, etc. when asked to do so. | Licensing Act 2003, s 143. |
| Entering, or attempting to enter, licensed premises, etc. when asked not to do so.” |
7 The Licensing Act 1902 is amended as follows.
8 (1) Section 6 (prohibition of sale of alcohol to person declared by the court to be a habitual drunkard) is amended as follows.
(2) For subsection (2) substitute—
“(2) Subsections (2A) to (2C) apply where a court, in pursuance of this Act, orders notice of a conviction to be sent to a police authority.
(2A) The court shall inform the convicted person that the notice is to be sent to a police authority.
(2B) The convicted person commits an offence if, within the three year period, he buys or obtains, or attempts to buy or obtain, alcohol on relevant premises.
(2C) A person to whom subsection (2D) applies commits an offence if, within the three year period, he knowingly—
(a) sells, supplies or distributes alcohol on relevant premises, or
(b) allows the sale, supply or distribution of alcohol on relevant premises,
to, or for consumption by, the convicted person.
(2D) This subsection applies—
(a) to any person who works at the premises in a capacity, whether paid or unpaid, which gives him authority to sell, supply or distribute the alcohol concerned,
(b) in the case of licensed premises, to—
(i) the holder of a premises licence which authorises the sale or supply of alcohol, and
(ii) the designated premises supervisor (if any) under such a licence,
(c) in the case of premises in respect of which a club premises certificate authorising the sale or supply of alcohol has effect, to any member or officer of the club which holds the certificate who at the time the sale, supply or distribution takes place is present on the premises in a capacity which enables him to prevent it, and
(d) in the case of premises which may be used for a permitted temporary activity by virtue of Part 5 of the Licensing Act 2003, the premises user in respect of a temporary event notice authorising the sale or supply of alcohol.
(2E) A person guilty of an offence under this section is liable on summary conviction—
(a) in the case of an offence under subsection (2B), to a fine not exceeding level 1 on the standard scale, and
(b) in the case of an offence under subsection (2C), to a fine not exceeding level 2 on the standard scale.”
(3) In subsection (3), for “licensed persons, and secretaries of clubs registered under Part III of this Act,” substitute “persons to whom subsection (4) applies”.
(4) After that subsection insert—
“(4) This subsection applies to—
(a) the holder of a premises licence which authorises the sale or supply of alcohol,
(b) the designated premises supervisor (if any) under such a licence,
(c) the holder of a club premises certificate authorising the sale or supply of alcohol, and
(d) the premises user in relation to a temporary event notice authorising the sale or supply or alcohol.
(5) In this section—
“alcohol”, “club premises certificate”, “designated premises supervisor”, “licensed premises”, “permitted temporary activity”, “premises licence”, “premises user” and “temporary event notice” have the same meaning as in the Licensing Act 2003,
“relevant premises” means premises which are relevant premises within the meaning of section 159 of that Act and on which alcohol may be lawfully sold or supplied, and
“the three year period”, in relation to the convicted person, means the period of three years beginning with the day of the conviction.”
9 After section 8 (meaning of “public place”) insert—
8A For those purposes, “licensed premises” includes—
(a) any licensed premises within the meaning of section 193 of the Licensing Act 2003, and
(b) any premises which may be used for a permitted temporary activity by virtue of Part 5 of that Act.”
10 At the end of section 2 of the Celluloid and Cinematograph Film Act 1922 (premises to which the Act does not apply), add “or which may, by virtue of an authorisation (within the meaning of section 136 of the Licensing Act 2003), be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to that Act)”.
11 The Sunday Entertainments Act 1932 ceases to have effect.
12 The Children and Young Persons Act 1933 is amended as follows.
13 In section 5 (giving alcohol to a child under five) for “intoxicating liquor” substitute “alcohol (within the meaning given by section 191 of the Licensing Act 2003, but disregarding subsection (1)(f) to (i) of that section)”.
14 In section 12 (failing to provide for safety of children at entertainments)—
(a) in subsection (3) omit the words from “, and also” to the end,
(b) in subsection (5), for paragraph (a) substitute—
“(a) in the case of a building in respect of which a premises licence authorising the provision of regulated entertainment has effect, be the duty of the relevant licensing authority;”, and
(c) after that subsection, insert—
“(5A) For the purposes of this section—
(a) “premises licence” and “the provision of regulated entertainment” have the meaning given by the Licensing Act 2003, and
(b) “the relevant licensing authority”, in relation to a building in respect of which a premises licence has effect, means the relevant licensing authority in relation to that building under section 12 of that Act.”
15 In section 107 (interpretation), omit the definition of “intoxicating liquor”.
16 In section 226 of the Public Health Act 1936 (power of local authority to close swimming bath and use it instead for other purposes)—
(a) for subsection (3) substitute—
“(3) Nothing in this section shall authorise the use of a swimming bath or bathing place for the provision of regulated entertainment (within the meaning of the Licensing Act 2003), unless that activity is carried on under and in accordance with an authorisation (within the meaning given in section 136 of that Act).”, and
(b) omit subsection (4).
17 In each of the following provisions of the London Building Acts (Amendment) Act 1939, for “the premises are so licensed” substitute “the premises are premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises”—
(a) section 11(9)(b) (exemption of licensed premises from provision as to naming of buildings),
(b) paragraph (A) of the proviso to section 13 (offences as to numbering or naming of buildings).
18 In section 1(4) of the Civic Restaurants Act 1947 (civic restaurant authority to be subject to law relating to sale of alcohol), for “the enactments relating to the sale of intoxicating liquor” substitute “the Licensing Act 2003 and any other enactment relating to the sale of intoxicating liquor”.
19 In section 6(1)(b) of the London County Council (General Powers) Act 1947 (saving in connection with the provision of entertainment for enactments relating to the sale of alcohol), for “any enactment relating to the sale of intoxicating liquor” substitute “the Licensing Act 2003 and any other enactment relating to the sale of intoxicating liquor”.
20 In each of the following provisions of the National Parks and Countryside Act 1949, for “intoxicating liquor” substitute “alcohol (within the meaning of the Licensing Act 2003)”—
(a) section 12(1)(a) (provision of facilities in National Park),
(b) section 54(2) (provision of facilities along long-distance routes).
21 The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.
22 In section 14(2)(a) (protection against insecurity of tenure of place of residence), after “premises” insert “in England and Wales which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) on the premises or in Scotland which are”.
23 In section 18(3)(a) (protection against insecurity of tenure in connection with employment), after “premises” insert “in England and Wales which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) on the premises for consumption on the premises or in Scotland which are”.
24 In section 27(1) (renewal of tenancy expiring during period of service), in the second paragraph (c), for the words “licensed for the sale of intoxicating liquor for consumption on the premises” substitute “which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises”.
25 The Hypnotism Act 1952 is amended as follows.
26 (1) Section 1 (inclusion in an entertainment licence of conditions in relation to demonstrations of hypnotism) is amended as follows.
(2) In subsection (1)—
(a) after “any area” insert “in Scotland”, and
(b) for “places kept or ordinarily used for public dancing, singing, music or other public entertainment of the like kind” substitute “theatres or other places of public amusement or public entertainment”.
(3) Omit subsection (2).
27 In section 2 (requirement for authorisation for demonstration of hypnotism)—
(a) in subsection (1), for the words from “in relation” to the end substitute “, unless—
(a) the controlling authority have authorised that exhibition, demonstration or performance under this section, or
(b) the place is in Scotland and a licence mentioned in section 1 of this Act is in force in relation to it.”,
(b) in subsection (1A) for the words from “either at premises” to the end substitute “at premises in Scotland in respect of which a licence under that Act is in force”,
(c) after subsection (3) insert—
“(3A) A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.”, and
(d) for subsection (4) substitute—
“(4) In this section—
“controlling authority” means—
in relation to a place in England and Wales, the licensing authority in whose area the place, or the greater or greatest part of it, is situated, and
in relation to a place in Scotland, the authority having power to grant licences of the kind mentioned in section 1 in that area, and
“licensing authority” has the meaning given by the Licensing Act 2003.”
28 (1) Section 2 of the Obscene Publications Act 1959 (prohibition of publication of obscene matter) is amended as follows.
(2) In subsections (3A) and (4A), for “a film exhibition” in each place it occurs, substitute “an exhibition of a film”.
(3) For subsection (7) substitute—
“(7) In this section, “exhibition of a film” has the meaning given in paragraph 15 of Schedule 1 to the Licensing Act 2003.”
29 The Betting, Gaming and Lotteries Act 1963 is amended as follows.
30 In section 10(1B) (conduct of licensed betting offices) for “the provision in a licensed betting office of any facility in respect of which a licence under the Licensing Act 1964 or the Licensing (Scotland) Act 1976 is required” substitute—
“(a) in a licensed betting office in England and Wales, the supply of alcohol (within the meaning of section 14 of the Licensing Act 2003) in circumstances where that supply is a licensable activity (within the meaning of that Act);
(b) in a licensed betting office in Scotland, the provision of any facility in respect of which a licence is required under the Licensing (Scotland) Act 1976”.
31 In Schedule 4 (rules for licensed betting offices), in paragraph 10(a), for “intoxicating liquor within the meaning of section 201(1) of the Licensing Act 1964” substitute “alcohol within the meaning of section 191 of the Licensing Act 2003”.
32 For section 37(2)(b) of the Children and Young Persons Act 1963 (restriction on performance by child in licensed premises) substitute—
“(b) any performance in premises—
(i) which, by virtue of an authorisation (within the meaning of section 136 of the Licensing Act 2003), may be used for the supply of alcohol (within the meaning of section 14 of that Act), or
(ii) which are licensed premises (within the meaning of the Licensing (Scotland) Act 1976) or in respect of which a club is registered under that Act;”.
33 In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), omit the definition of “place of public entertainment”.
34 The Greater London Council (General Powers) Act 1966 is amended as follows.
35 In section 21(1) (licensing of public exhibitions, etc.)—
(a) for “intoxicating liquor” substitute “alcohol (within the meaning of the Licensing Act 2003)”, and
(b) for “a film exhibition within the meaning of the Cinemas Act 1985” substitute “an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003)”.
36 In section 22 (application to old buildings of provisions for protection against fire in the London Building Acts (Amendment) Act 1939)—
(a) in subsection (1), for the words from “being in either case” to “for that purpose” substitute “which may lawfully be used for the provision of regulated entertainment (within the meaning of the Licensing Act 2003) only by virtue of an authorisation under that Act”, and
(b) in subsection (2), for the words from “where” to “that licence” substitute “where a building, or part of a building, is being used for the provision of regulated entertainment by virtue of a premises licence (under the Licensing Act 2003) granted by a borough council, the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple”.
37 In section 5 of the Finance Act 1967 (no requirement for excise licence)—
(a) in subsection (1), omit paragraph (c), and
(b) in subsection (3), omit “which is registered within the meaning of the Licensing Act 1964 or”.
38 The Criminal Appeal Act 1968 is amended as follows.
39 In section 10 (appeal against sentence to Crown Court), at the end of subsection (3)(c) add—
“(viii) an order under section 129 of the Licensing Act 2003 (forfeiture or suspension of personal licence); or”.
40 In section 31 (powers of Court of Appeal under Part 1 exercisable by single judge), after subsection (2B) insert—
“(2C) The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge in the same manner as it may be exercised by the Court.”
41 In section 44 (powers of Court of Appeal under Part 2 exercisable by single judge), after subsection (2) insert—
“(3) The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.”
42 In section 50 (meaning of “sentence”), at the end of subsection (1) insert “; and
(i) an order under section 129(2) of the Licensing Act 2003 (forfeiture or suspension of personal licence).”
43 The Theatres Act 1968 is amended as follows.
44 The following provisions cease to have effect in England and Wales—
(a) section 1(2) (local authority may not impose conditions on nature of plays),
(b) sections 12 to 14 (licensing of premises for public performance of plays),
(c) Schedule 1 (provision about licences to perform plays).
45 In section 15 (warrant to enter theatre where offence suspected)—
(a) in subsection (1)—
(i) paragraph (b) and the word “or” immediately preceding it, and
(ii) the words “or, in a case falling within paragraph (b) above, any police officer or authorised officer of the licensing authority”,
cease to have effect in England and Wales,
(b) subsections (2) to (5) cease to have effect in England and Wales, and
(c) subsection (6) is omitted.
46 Section 17 (existing letters patent) ceases to have effect.
47 In section 18(1) (interpretation), in the definition of “licensing authority”, omit paragraphs (a), (b) and (bb).
48 The Gaming Act 1968 is amended as follows.
49 (1) Section 6 (playing games on premises used for sale of alcohol) is amended as follows.
(2) For subsection (2) substitute—
“(2) This section applies to any premises in England and Wales in respect of which there is in force a premises licence authorising the supply of alcohol for consumption on the premises.
(2A) This section also applies to any premises in Scotland in respect of which a hotel licence or public house licence under the Licensing (Scotland) Act 1976 is in force.”
(3) In subsection (3)—
(a) for paragraph (a) substitute—
“(a) of the holder of the licence which has effect in respect of any premises to which this section applies,”, and
(b) for “the licensing justices for the licensing district, or, in Scotland, the licensing board for the licensing area, in which the premises are situated” substitute “the relevant licensing authority, or, in Scotland, the licensing board for the licensing area in which the premises are situated,”.
(4) In subsection (4)—
(a) for “the licensing justices for the licensing district, or, in Scotland, the licensing board for the licensing area, in which the premises are situated” substitute “the relevant licensing authority, or, in Scotland, the licensing board for the licensing area in which the premises are situated,”, and
(b) for “the justices” substitute “the authority”.
(5) In subsection (5), for “licensing justices or a licensing board, the justices or board” substitute “a licensing authority or a licensing board, the authority or board”.
(6) In subsection (6) —
(a) for “the licensing justices or” substitute “the relevant licensing authority or the”,
(b) for paragraph (a) substitute—
“(a) to the holder of the licence,”, and
(c) for “the police area” substitute “each police area”.
(7) After subsection (7) insert—
“(7A) A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.”
(8) For subsection (8) substitute—
“(8) In this section—
“licensing area” has the same meaning as in the Licensing (Scotland) Act 1976,
“licensing authority” and “premises licence” have the same meaning as in the Licensing Act 2003,
“relevant licensing authority”, in relation to premises in respect of which a premises licence has effect, means the authority determined in relation to those premises in accordance with section 12 of that Act, and
“supply of alcohol” has the meaning given in section 14 of that Act.”
50 For section 7(2) (offence to allow child to take part in gaming on licensed premises) substitute—
“(2) Neither the holder of the licence which has effect in respect of premises to which section 6 applies, nor anybody employed by him, may knowingly allow a person under 18 to take part on those premises in gaming to which this Part applies.”
51 For section 8(7) (penalty for contravention of section 7(2)) substitute—
“(7) Any person who contravenes section 7(2) is guilty of an offence and—
(a) where the offence is committed in England and Wales, the person is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and
(b) where the offence is committed in Scotland, the provisions of Schedule 5 to the Licensing (Scotland) Act 1976 are to have effect as they have effect in relation to a contravention of section 68(1) of that Act.”
52 (1) Schedule 9 (permits in respect of amusement machine premises) is amended as follows.
(2) In paragraph 1 (interpretation), for paragraph (a) substitute—
“(a) in relation to any premises in England and Wales in respect of which there is in force a premises licence authorising the supply of alcohol for consumption on the premises, means the relevant licensing authority in relation to those premises;”.
(3) After that paragraph, insert—
“1A A function conferred by this Schedule on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.”
(4) In paragraph 10A (condition in case of licensed premises, etc. that amusement machine must be located in a bar), in sub-paragraph (2)(a), for “has the same meaning as in the Licensing Act 1964” substitute “means any place which, by virtue of a premises licence, may be used for the supply of alcohol and which is exclusively or mainly used for the supply and consumption of alcohol”.
(5) In paragraph 11—
(a) in sub-paragraphs (2) and (3) (appeals), for “proper officer of” substitute “clerk to”, and
(b) omit sub-paragraph (5).
(6) Omit paragraph 14 (payment of indemnity out of central funds).
(7) In paragraph 21 (fees), for “proper officer” substitute “clerk”.
(8) For paragraph 23 (interpretation of expressions relating to licensing) substitute—
“23 In this Schedule—
“alcohol”, “licensing authority” and “premises licence” have the same meaning as in the Licensing Act 2003;
“hotel licence” and “public house licence” have the same meaning as in Schedule 1 to the Licensing (Scotland) Act 1976;
“relevant licensing authority”, in relation to premises in respect of which a premises licence is in force, means the authority determined in relation to those premises in accordance with section 12 of the Licensing Act 2003; and
“supply of alcohol” is to be construed in accordance with section 14 of that Act.”
(9) Omit paragraph 24 (proper officer of an appropriate authority).
53 For section 5(3) of the City of London (Various Powers) Act 1968 (entitlement of Corporation of London to apply for and hold licence to sell alcohol in arrangements for catering facilities) substitute—
“(3) The Corporation of London or any person appointed by them in that behalf may, subject to section 16 of the Licensing Act 2003, for the purposes of this section apply for and hold a premises licence under that Act for the sale by retail of alcohol within the meaning of that Act.”
54 In section 6(2)(b) of the Finance Act 1970 (Angostura bitters)—
(a) omit “, the Licensing Act 1964”, and
(b) for “either of those Acts” substitute “that Act”.
55 The Sunday Theatre Act 1972 ceases to have effect.
56 The Local Government Act 1972 is amended as follows.
57 In section 78(1) (supplementary provision relating to changes in local government areas), omit the definition of “public body”.
58 In section 101 (arrangements for discharge of functions by local authorities), after subsection (14) insert—
“(15) Nothing in this section applies in relation to any function under the Licensing Act 2003 of a licensing authority (within the meaning of that Act).”
59 In section 145(4) (provision of entertainment), for “intoxicating liquor” substitute “alcohol”.
60 Section 204 (licensed premises) ceases to have effect.
61 (1) Schedule 12 (meetings and proceedings of local authorities) is amended as follows.
(2) In the following provisions, for “premises licensed for the sale of intoxicating liquor” substitute “premises which at the time of such a meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)”—
(a) paragraph 10(1) (location of parish council meetings),
(b) paragraph 26(1) (location of community council meetings).
(3) In the following provisions, for “premises licensed for the sale of intoxicating liquor” substitute “premises which at the time of the meeting may, by virtue of a premises licence or temporary event notice under the Licensing Act 2003, be used for the supply of alcohol (within the meaning of section 14 of that Act)”—
(a) paragraph 14(5) (location of parish meetings),
(b) paragraph 32(2) (location of community meetings).
Licensing Act 2003