Licensing Act 2003

Section 197 - Regulations and orders

292. Most secondary legislation made under the Act is to be subject to the negative resolution procedure. But the following secondary legislation is to be subject to the affirmative procedure:

a)

an order under section 100(8) (alteration of maximum temporary event period etc.)

b)

an order under section 107(12) (alteration on limit on number of temporary event notices)

c)

an order under section 172 (relaxation of opening hours for special occasions);

d)

an order under section 176(3) (order amending definition of “excluded premises” where alcohol sales are prohibited);

e)

order under paragraph 4 of Schedule 1 (amendments to the meaning of “regulated entertainment”).

293. Commencement orders and the order prescribing the start of the first period for which licensing authorities must prepare a statement of licensing policy (see section 5) will be subject to neither procedure. Regulations or an order under the Act may make transitional provisions.