Yn ddilys o 07/02/2005
(1)This section applies where the place where a contract for the sale of alcohol is made is different from the place where the alcohol is appropriated to the contract.
(2)For the purposes of this Act the sale of alcohol is to be treated as taking place where the alcohol is appropriated to the contract.
(1)In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, but does not include—
(a)alcohol which is of a strength not exceeding 0.5% at the time of the sale or supply in question,
(b)perfume,
(c)flavouring essences recognised by the Commissioners of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor,
(d)the aromatic flavouring essence commonly known as Angostura bitters,
(e)alcohol which is, or is included in, a medicinal product,
(f)denatured alcohol,
(g)methyl alcohol,
(h)naphtha, or
(i)alcohol contained in liqueur confectionery.
(2)In this section—
“denatured alcohol” has the same meaning as in section 5 of the Finance Act 1995 (c. 4);
“dutiable alcoholic liquor” has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);
“liqueur confectionery” means confectionery which—
contains alcohol in a proportion not greater than 0.2 litres of alcohol (of a strength not exceeding 57%) per kilogram of the confectionery, and
either consists of separate pieces weighing not more than 42g or is designed to be broken into such pieces for the purpose of consumption;
“medicinal product” has the same meaning as in section 130 of the Medicines Act 1968 (c. 67); and
“strength” is to be construed in accordance with section 2 of the Alcoholic Liquor Duties Act 1979.
(1)For the purposes of this Act “sale by retail”, in relation to any alcohol, means a sale of alcohol to any person, other than a sale of alcohol that—
(a)is within subsection (2),
(b)is made from premises owned by the person making the sale, or occupied by him under a lease to which the provisions of Part 2 of the Landlord and Tenant Act 1954 (c. 56) (security of tenure) apply, and
(c)is made for consumption off the premises.
(2)A sale of alcohol is within this subsection if it is—
(a)to a trader for the purposes of his trade,
(b)to a club, which holds a club premises certificate, for the purposes of that club,
(c)to the holder of a personal licence for the purpose of making sales authorised by a premises licence,
(d)to the holder of a premises licence for the purpose of making sales authorised by that licence, or
(e)to the premises user in relation to a temporary event notice for the purpose of making sales authorised by that notice.
In this Act—
“beer” has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);
“cider” has the same meaning as in that Act;
“crime prevention objective” means the licensing objective mentioned in section 4(2)(a) (prevention of crime and disorder);
“licensed premises” means premises in respect of which a premises licence has effect;
“licensing functions” is to be construed in accordance with section 4(1);
“order”, except so far as the contrary intention appears, means an order made by the Secretary of State;
“premises” means any place and includes a vehicle, vessel or moveable structure;
“prescribed” means prescribed by regulations;
“recognised club” means a club which satisfies conditions 1 to 3 of the general conditions in section 62;
“regulations” means regulations made by the Secretary of State;
“vehicle” means a vehicle intended or adapted for use on roads;
“vessel” includes a ship, boat, raft or other apparatus constructed or adapted for floating on water;
“wine” means—
“wine” within the meaning of the Alcoholic Liquor Duties Act 1979, and
“made-wine” within the meaning of that Act;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in England and Wales.
In this Act the following expressions are defined or otherwise explained by the provisions indicated—
| Expression | Interpretation provision |
|---|---|
| alcohol | section 191 |
| associate member | section 67(2) |
| authorised person, in Part 3 | section 13 |
| authorised person, in Part 4 | section 69 |
| beer | section 193 |
| cider | section 193 |
| club premises certificate | section 60 |
| conviction, in Part 6 | section 114 |
| crime prevention objective | section 193 |
| designated premises supervisor | section 15 |
| foreign offence, in Part 6 | section 113 |
| given, in relation to a notice, etc. | section 184 |
| guest | section 67(1) |
| interested party, in Part 3 | section 13 |
| interested party, in Part 4 | section 69 |
| interim authority notice | section 47 |
| late night refreshment | Schedule 2 |
| licensable activity | section 1(1) |
| licensed premises | section 193 |
| licensing authority | section 3(1) |
| licensing authority’s area | section 3(2) |
| licensing functions | sections 4(1) and 193 |
| licensing objectives | section 4(2) |
| order | section 193 |
| permitted temporary activity | section 98 |
| personal licence | section 111(1) |
| premises | section 193 |
| premises licence | section 11 |
| premises user, in relation to a temporary event notice | section 100(2) |
| prescribed | section 193 |
| provisional statement | section 29(3) |
| qualifying club | section 61 |
| qualifying club activity | section 1(2) |
| recognised club | section 193 |
| regulated entertainment | Schedule 1 |
| regulations | section 193 |
| relevant licensing authority, in Part 3 | section 12 |
| relevant licensing authority, in Part 4 | section 68 |
| relevant licensing authority, in Part 5 | section 99 |
| relevant licensing authority, in Part 6 | section 112 |
| relevant offence, in Part 6 | section 113 |
| responsible authority, in Part 3 | section 13 |
| responsible authority, in Part 4 | section 69 |
| sale by retail, in relation to alcohol | section 192 |
| secretary, in Part 4 | section 70 |
| supply of alcohol, in Part 3 | section 14 |
| supply of alcohol to members or guests, in relation to a club, in Part 4 | section 70 |
| temporary event notice | section 100(1) |
| vehicle | section 193 |
| vessel | section 193 |
| wine | section 193 |
| working day | section 193 |