Licensing Act 2003

Yn ddilys o 24/11/2005

Criminal Justice and Police Act 2001 (c. 16) E+W

119 E+W The Criminal Justice and Police Act 2001 is amended as follows.

120 E+W In section 1(1) (offences leading to penalties on the spot), at the end of the Table insert—

“Section 149(4) of the Licensing Act 2003

Buying or attempting to buy alcohol for consumption on licensed premises, etc. by child”

121 E+W In section 12 (alcohol consumption in designated public place)—

(a) in subsections (1) and (2), for “intoxicating liquor”, in each place it occurs, substitute “ alcohol ”, and

(b) in subsection (2) for “such liquor” substitute “ alcohol ”.

122 E+W In section 13 (designated public places), in subsection (2) for “intoxicating liquor” substitute “ alcohol ”.

123 (1) Section 14 (places which are not designated public places) is amended as follows. E+W

(2) In subsection (1)—

(a) for paragraphs (a) to (d) substitute—

“(a) premises in respect of which a premises licence or club premises certificate, within the meaning of the Licensing Act 2003, has effect;

(b) a place within the curtilage of premises within paragraph (a);

(c) premises which by virtue of Part 5 of the Licensing Act 2003 may for the time being be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the last 20 minutes;”, and

(b) in paragraph (e), for “intoxicating liquor” substitute “ alcohol ”.

(3) Omit subsection (2).

124 E+W In section 15(1)(a) (byelaw prohibiting consumption of alcohol), for “intoxicating liquor” substitute “ alcohol ”.

125 E+W In section 16(1) (interpretation of sections 12 to 15)—

(a) before the definition of “designated public place” insert—

““alcohol” has the same meaning as in the Licensing Act 2003;”,

(b) omit the definition of “intoxicating liquor”, and the word “and” immediately following it, and

(c) after the definition of “public place” insert “; and

“supply of alcohol” has the meaning given by section 14 of the Licensing Act 2003”.

126 E+W In each of the following provisions, for “unlicensed sale of intoxicating liquor” substitute “ unauthorised sale of alcohol ”

(a) section 19(1) and (2) (service of closure notice by constable or local authority),

(b) section 20(3)(a) (no application for closure order where unauthorised sale of alcohol has ceased),

(c) section 21(1)(b) and (2)(b) (closure order),

(d) section 27(6) (fixing notice on premises where personal service cannot be effected).

127 E+W In section 28 (interpretation of provisions relating to closure of unlicensed premises)—

(a) before the definition of “closure notice” insert—

““alcohol” has the same meaning as in the Licensing Act 2003;”,

(b) omit the definition of “intoxicating liquor”, and

(c) for the definition of “unlicensed sale” substitute—

““unauthorised sale”, in relation to any alcohol, means any supply of the alcohol (within the meaning of section 14 of the Licensing Act 2003) which—

(a) is a licensable activity within the meaning of that Act, but

(b) is made otherwise than under and in accordance with an authorisation (within the meaning of section 136 of that Act).”

128 E+W In Schedule 1 (powers of seizure)—

(a) at the end of Part 1 insert—

“74 “Licensing Act 2003

The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club).”, and

(b) at the end of Part 3 insert—

“110 “Licensing Act 2003

The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club).”