Licensing Act 2003

Part 8 E+W Closure of premises

Closure of premises in an identified area E+W

160 Orders to close premises in area experiencing disorder E+W

(1) Where there is or is expected to be disorder in any [F1 local justice area], a magistrates' court [F2 acting in the area] may make an order requiring all premises—

(a) which are situated at or near the place of the disorder or expected disorder, and

(b) in respect of which a premises licence or a temporary event notice has effect,

to be closed for a period, not exceeding 24 hours, specified in the order.

(2) A magistrates' court may make an order under this section only on the application of a police officer who is of the rank of superintendent or above.

(3) A magistrates' court may not make such an order unless it is satisfied that it is necessary to prevent disorder.

(4) Where an order is made under this section, a person to whom subsection (5) applies commits an offence if he knowingly keeps any premises to which the order relates open, or allows any such premises to be kept open, during the period of the order.

(5) This subsection applies—

(a) to any manager of the premises,

(b) in the case of licensed premises, to—

(i) the holder of a premises licence in respect of the premises, and

(ii) the designated premises supervisor (if any) under such a licence, and

(c) in the case of premises in respect of which a temporary event notice has effect, to the premises user in relation to that notice.

(6) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) A constable may use such force as may be necessary for the purpose of closing premises ordered to be closed under this section.

Textual Amendments

F1 Words in s. 160(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 90

F2 Words in s. 160(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 90

Closure of identified premises E+W

F3 161 Closure orders for identified premises E+W

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Textual Amendments

F3 Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F3 162 Extension of closure order E+W

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Textual Amendments

F3 Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F3 163 Cancellation of closure order E+W

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Textual Amendments

F3 Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F3 164 Application to magistrates' court by police E+W

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Textual Amendments

F3 Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F3 165 Consideration of closure order by magistrates' court E+W

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Textual Amendments

F3 Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F3 166 Appeal from decision of magistrates' court E+W

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Textual Amendments

F3 Ss. 161-166 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 34 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

167 Review of premises licence following closure order E+W

(1) This section applies where—

(a) [F4 a magistrates' court has made a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown Court has made a closure order on appeal under section 84 of that Act,] in relation to premises in respect of which a premises licence has effect, and

(b) the relevant licensing authority has [F5 accordingly received a notice under section 80(9) or 84(7) of that Act].

[F6 (1A) This section also applies where a court has made an illegal working compliance order under Schedule 6 to the Immigration Act 2016 and the relevant licensing authority has accordingly received a notice under that Schedule.]

(2) The relevant licensing authority must review the premises licence.

(3) The authority must reach a determination on the review no later than 28 days after the day on which it receives the notice mentioned in subsection (1)(b).

(4) The Secretary of State must by regulations—

(a) require the relevant licensing authority to give, to the holder of the premises licence and each responsible authority, notice of [F7 the review and of the order mentioned in subsection (1)(a)];

(b) require the authority to advertise the review and invite representations about it to be made to the authority by responsible authorities and [F8 other persons];

(c) prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any [F9 other person];

(d) require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.

(5) The relevant licensing authority must—

(a) hold a hearing to consider [F10 the order mentioned in subsection (1)(a) and any relevant representations;]

(b) take such of the steps mentioned in subsection (6) (if any) as it considers [F11 appropriate] for the promotion of the licensing objectives.

(6) Those steps are—

(a) to modify the conditions of the premises licence,

(b) to exclude a licensable activity from the scope of the licence,

(c) to remove the designated premises supervisor from the licence,

(d) to suspend the licence for a period not exceeding three months, or

(e) to revoke the licence;

and for this purpose the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

(7) Subsection (5)(b) is subject to sections [F12 19 to 21] (requirement to include certain conditions in premises licences).

(8) Where the authority takes a step within subsection (6)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

(9) In this section “relevant representations” means representations which—

(a) are relevant to one or more of the licensing objectives, and

(b) meet the requirements of subsection (10).

(10) The requirements are—

(a) that the representations are made by the holder of the premises licence, a responsible authority or [F13 any other person] within the period prescribed under subsection (4)(c),

(b) that they have not been withdrawn, and

(c) if they are made by [F14 a person who is not a responsible authority], that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(11) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.

(12) Where a licensing authority determines a review under this section it must notify the determination and its reasons for making it to—

(a) the holder of the licence,

(b) any person who made relevant representations, and

(c) the chief officer of police for the police area (or each police area) in which the premises are situated.

(13) Section 168 makes provision about when the determination takes effect.

(14) In this section [F15 “responsible authority” has] the same meaning as in Part 3.

Textual Amendments

F4 Words in s. 167(1)(a) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 35(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F5 Words in s. 167(1)(b) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 35(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F6 S. 167(1A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 6 para. 18; S.I. 2016/1037, reg. 5(j)

F7 Words in s. 167(4)(a) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 35(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F8 Words in s. 167(4)(b) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(a), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

F9 Words in s. 167(4)(c) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(b), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

F10 Words in s. 167(5)(a) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 35(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F11 Word in s. 167(5)(b) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 111(6), 157(1) (with s. 111(9)); S.I. 2012/1129, art. 2(d)

F12 Words in s. 167(7) subsituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 43; S.I. 2010/125, art. 2(t)

F13 Words in s. 167(10)(a) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(c), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

F14 Words in s. 167(10)(c) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(d), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

F15 Words in s. 167(14) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 106(6)(e), 157(1) (with s. 106(7)); S.I. 2012/896, art. 2(b); S.I. 2012/1129, art. 2(d)

Commencement Information

I1 S. 167(4) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 167 otherwise in force at 24.11.2005 by S.I. 2005/3056, art. 2(2)

168 Provision about decisions under section 167 E+W

(1) Subject to this section, a decision under section 167 does not have effect until the relevant time.

(2) In this section “the relevant time”, in relation to any decision, means—

(a) the end of the period given for appealing against the decision, or

(b) if the decision is appealed against, the time the appeal is disposed of.

(3) Subsections (4) and (5) apply where—

(a) the relevant licensing authority decides on a review under section 167 to take one or more of the steps mentioned in subsection (6)(a) to (d) of that section, and

(b) the premises to which the licence relates [F16 are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014].

(4) The decision by the relevant licensing authority to take any of the steps mentioned in section 167(6)(a) to (d) takes effect when it is notified to the holder of the licence under section 167(12).

This is subject to subsection (5) and paragraph 18(3) of Schedule 5 (power of magistrates' court to suspend decision pending appeal).

(5) The relevant licensing authority may, on such terms as it thinks fit, suspend the operation of that decision (in whole or in part) until the relevant time.

(6) Subsection (7) applies where—

(a) the relevant licensing authority decides on a review under section 167 to revoke the premises licence, and

(b) the premises to which the licence relates [F17 are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014].

(7) The premises must remain closed (but the licence otherwise in force) until the relevant time.

This is subject to paragraph 18(4) of Schedule 5 (power of magistrates' court to modify closure order pending appeal).

(8) A person commits an offence if, without reasonable excuse, he allows premises to be open in contravention of subsection (7).

(9) A person guilty of an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding three months or to [F18 a fine], or to both.

Textual Amendments

F16 Words in s. 168(3)(b) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 36 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F17 Words in s. 168(6)(b) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 36 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F18 Words in s. 168(9) 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(9) (with reg. 5(1))

F19 169 Enforcement of closure order E+W

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Textual Amendments

F19 S. 169 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 37 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

[F20 Closure notices E+W

Textual Amendments

F20 Ss. 169A, 169B and preceding cross-heading inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(1), 66(2)(3); S.I. 2007/858, art. 2(a)

169A Closure notices for persistently selling alcohol to children E+W

(1) A relevant officer may give a notice under this section (a “closure notice”) applying to any premises if—

(a) there is evidence that a person (“the offender”) has committed an offence under section 147A in relation to those premises;

(b) the relevant officer considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted; and

(c) the offender is still, at the time when the notice is given, the holder of a premises licence in respect of those premises, or one of the holders of such a licence.

(2) A closure notice is a notice which—

(a) proposes a prohibition[F21 , for the period specified in the notice,] on sales of alcohol on the premises in question; and

(b) offers the opportunity to discharge all criminal liability in respect of the alleged offence by the acceptance of the prohibition proposed by the notice.

(3) A closure notice must—

(a) be in the form prescribed by regulations made by the Secretary of State;

(b) specify the premises to which it applies;

(c) give such particulars of the circumstances believed to constitute the alleged offence (including the sales to which it relates) as are necessary to provide reasonable information about it;

(d) specify the length of the period during which it is proposed that sales of alcohol should be prohibited on those premises;

(e) specify when that period would begin if the prohibition is accepted;

(f) explain what would be the effect of the proposed prohibition and the consequences under this Act (including the maximum penalties) of a sale of alcohol on the premises during the period for which it is in force;

(g) explain the right of every person who, at the time of the alleged offence, held or was one of the holders of a premises licence in respect of those premises to be tried for that offence; and

(h) explain how that right may be exercised and how (where it is not exercised) the proposed prohibition may be accepted.

(4) The period specified for the purposes of subsection (3)(d) must be [F22 at least 48 hours but not more than 336 hours]; and the time specified as the time from which that period would begin must be not less than 14 days after the date of the service of the closure notice in accordance with subsection (6).

(5) The provision included in the notice by virtue of subsection (3)(h) must—

(a) provide a means of identifying a police officer or trading standards officer to whom notice exercising the option to accept the prohibition may be given;

(b) set out particulars of where and how that notice may be given to that police officer or trading standards officer;

(c) require that notice to be given within 14 days after the date of the service of the closure notice; and

(d) explain that the right to be tried for the alleged offence will be taken to have been exercised unless every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition.

(6) Section 184 (giving of notices) does not apply to a closure notice; but such a notice must be served on the premises to which it applies.

(7) A closure notice may be served on the premises to which it applies—

(a) only by being handed by a constable or trading standards officer to a person on the premises who appears to the constable or trading standards officer to have control of or responsibility for the premises (whether on his own or with others); and

(b) only at a time when it appears to that constable or trading standards officer that licensable activities are being carried on there.

(8) A copy of every closure notice given under this section must be sent to the holder of the premises licence for the premises to which it applies at whatever address for that person is for the time being set out in the licence.

(9) A closure notice must not be given more than 3 months after the time of the last of the sales to which the alleged offence relates.

(10) No more that one closure notice may be given in respect of offences relating to the same sales; nor may such a notice be given in respect of an offence in respect of which a prosecution has already been brought.

(11) In this section “relevant officer” means—

(a) a police officer of the rank of superintendent or above; or

(b) an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.

Textual Amendments

F21 Words in s. 169A(2)(a) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not aleady in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 118(3)(a), 157(1) (with s. 118(5)); S.I. 2012/896, art. 2(h); S.I. 2012/1129, art. 2(d)

F22 Words in s. 169A(4) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not aleady in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 118(3)(b), 157(1) (with s. 118(5)); S.I. 2012/896, art. 2(h); S.I. 2012/1129, art. 2(d)

169B Effect of closure notices E+W

(1) This section applies where a closure notice is given under section 169A in respect of an alleged offence under section 147A.

(2) No proceedings may be brought for the alleged offence or any related offence at any time before the time when the prohibition proposed by the notice would take effect.

(3) If before that time every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition in the manner specified in the notice—

(a) that prohibition takes effect at the time so specified in relation to the premises in question; and

(b) no proceedings may subsequently be brought against any such person for the alleged offence or any related offence.

(4) If the prohibition contained in a closure notice takes effect in accordance with subsection (3)(a) in relation to any premises, so much of the premises licence for those premises as authorises the sale by retail of alcohol on those premises is suspended for the period specified in the closure notice.

(5) In this section “related offence”, in relation to the alleged offence, means an offence under section 146 or 147 in respect of any of the sales to which the alleged offence relates.

(6) The operation of this section is not affected by any contravention of section 169A(8).]

170 Exemption of police from liability for damages U.K.

(1) [F23 Neither a constable nor a trading standards officer is] liable for relevant damages in respect of any act or omission of his in the performance or purported performance F24 ... [F25 of his functions in relation to a closure notice].

[F26 (2) Neither a chief officer of police nor a local weights and measures authority is liable for relevant damages in respect of any act or omission of a person in the performance or purported performance, while under the direction or control of such a chief officer or local weights and measures authority—

(a) of a function of that person in relation to a closure order, or any extension of it; or

F27 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) But neither subsection (1) nor (2) applies—

(a) if the act or omission is shown to have been in bad faith, or

(b) so as to prevent an award of damages in respect of an act or omission on the grounds that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42) (incompatibility of act or omission with Convention rights).

(4) This section does not affect any other exemption from liability for damages (whether at common law or otherwise).

[F28 (4A) In this section references to a constable include references to a person exercising the powers of a constable by virtue of a designation under section 38 of the Police Reform Act 2002 (community support officers etc.); and, in relation to such a person [F29 exercising such powers by virtue of such a designation by the Commissioner of Police of the City of London], the first reference in subsection (2) to a chief officer of police has effect as a reference to [F30 the Common Council of the City of London].]

(5) In this section, “relevant damages” means damages awarded in proceedings for judicial review, the tort of negligence or misfeasance in public office.

Textual Amendments

F23 Words in s. 170(1) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(2)(a), 66(2)(3); S.I. 2007/858, art. 2(a)

F24 Words in s. 170(1) omitted (20.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 38(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F25 Words in s. 170(1) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(2)(b), 66(2)(3); S.I. 2007/858, art. 2(a)

F26 S. 170(2) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(3), 66(2)(3); S.I. 2007/858, art. 2(a)

F27 S. 170(2)(b) omitted (20.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 38(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F28 S. 170(4A) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(4), 66(2)(3); S.I. 2007/858, art. 2(a)

F29 Words in s. 170(4A) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 315(a); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 74)

F30 Words in s. 170(4A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 315(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 74)

Interpretation E+W

171 Interpretation of Part 8 E+W

(1) This section has effect for the purposes of this Part.

(2) [F31 Premises] are open if a person who is not within subsection (4) enters the premises and—

(a) he buys or is otherwise supplied with food, drink or anything usually sold on the premises, or

(b) while he is on the premises, they are used for the provision of regulated entertainment.

(3) But in determining whether F32 ... premises are open the following are to be disregarded—

(a) where no premises licence has effect in respect of the premises, any use of the premises for activities (other than licensable activities) which do not take place during an event period specified in a temporary event notice having effect in respect of the premises,

(b) any use of the premises for a qualifying club activity under and in accordance with a club premises certificate, and

(c) any supply exempted under paragraph 3 of Schedule 2 (certain supplies of hot food and drink by clubs, hotels etc. not a licensable activity) in circumstances where a person will neither be admitted to the premises, nor be supplied as mentioned in sub-paragraph (1)(b) of that paragraph, except by virtue of being a member of a recognised club or a guest of such a member.

(4) A person is within this subsection if he is—

(a) an appropriate person in relation to the premises,

(b) a person who usually lives at the premises, or

(c) a member of the family of a person within paragraph (a) or (b).

(5) The following expressions have the meanings given—

• “appropriate person”, in relation to any F33 ... premises, means—

  (a)

  any person who holds a premises licence in respect of the premises,

  (b)

  any designated premises supervisor under such a licence,

  (c)

  the premises user in relation to any temporary event notice which has effect in respect of the premises, or

  (d)

  a manager of the premises;

• [F34 “closure notice” has the meaning given in section 169A;]

• F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F36 “local weights and measures authority” has the meaning given by section 69 of the Weights and Measures Act 1985;]

• “manager”, in relation to any premises, means a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to close them;

• “relevant licensing authority”, in relation to any licensed premises, has the same meaning as in Part 3;

• F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F37 “trading standards officer”, in relation to any premises to which a premises licence relates, means a person authorised by a local weights and measures authority to act in the area where those premises are situated in relation to proposed prohibitions contained in closure notices;]

(6) A temporary event notice has effect from the time it is given in accordance with Part 5 until—

(a) the time it is withdrawn,

(b) the time a counter notice is given under that Part, or

(c) the expiry of the event period specified in the temporary event notice,

whichever first occurs.

Textual Amendments

F31 Word in s. 171(2) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 39(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F32 Word in s. 171(3) omitted (20.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 39(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F33 Word in s. 171(5) omitted (20.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 39(4)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F34 S. 171(5): definition of "appropriate person" inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(5)(a), 66(2)(3); S.I. 2007/858, art. 2(a)

F35 Words in s. 171(5) omitted (20.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 39(4)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F36 S. 171(5): definition of "local weights and measures authority" inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(5)(b), 66(2)(3); S.I. 2007/858, art. 2(a)

F37 S. 171(5): definition of "trading standards officer" inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(5)(c), 66(2)(3); S.I. 2007/858, art. 2(a)