Licensing Act 2003

Interpretation E+W

190 Location of sales E+W

(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.

191 Meaning of “alcohol” E+W

(1) In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor [F1 (in any state)], 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 [F2 or a veterinary 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—

  (a)

  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

  (b)

  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.

• [F3 “veterinary medicinal product” has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2006]

Textual Amendments

F1 Words in s. 191(1) inserted (31.1.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 135, 183(1)(5)(e); S.I. 2017/399, reg. 3(a)

F2 Words in s. 191(1)(e) inserted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 44(3), Sch. 9 Pt. 1 para. 13(a) (with reg. 3)

F3 S. 191(2): definition of "veterinary medical product" inserted (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 44(3), Sch. 9 Pt. 1 para. 13(b) (with reg. 3)

192 Meaning of “sale by retail” E+W

(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.

[F4 192A Entitlement to work in the United Kingdom E+W

(1) For the purposes of this Act an individual is entitled to work in the United Kingdom if—

(a) the individual does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b) the individual has been granted such leave and the leave—

(i) is not invalid,

(ii) has not ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), and

(iii) is not subject to a condition preventing the individual from doing work relating to the carrying on of a licensable activity within section 1(1)(a) or (d).

(2) Where an individual is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a) the individual is to be treated for the purposes of subsection (1) as if the individual had been granted leave to enter the United Kingdom, but

(b) any condition as to the individual's work in the United Kingdom to which the individual's immigration bail is subject is to be treated for those purposes as a condition of leave.]

Textual Amendments

F4 S. 192A inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 1; S.I. 2017/380, reg. 2(b) (with reg. 3)

193 Other definitions E+W

[F5 (1)] 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;

• [F6 “community premises” means premises that are or form part of—

  (a)

  a church hall, chapel hall or other similar building, or

  (b)

  a village hall, parish hall, community hall or other similar building;]

• “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);

• [F7 “management committee”, in relation to any community premises, means a committee or board of individuals with responsibility for the management of the premises;]

• “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;

• [F8 “relevant electronic facility” means—

  (a)

  the electronic assistance facility referred to in regulation 38 of the Provision of Services Regulations 2009, or

  (b)

  any facility established and maintained by a licensing authority for the purpose of receiving applications, notices or representations electronically;]

• “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—

  (a)

  “wine” within the meaning of the Alcoholic Liquor Duties Act 1979, and

  (b)

  “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.

For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971.

[F9 (2) For the purposes of references in this Act to the prevention of illegal working in licensed premises, a person is working illegally if by doing that work at that time the person is committing an offence under section 24B of the Immigration Act 1971.]

Textual Amendments

F5 S. 193 renumbered as s. 193(1) (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 30(2); S.I. 2017/380, reg. 2(b)

F6 S. 193: definition of "community premises" inserted (29.7.2009) by The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009 (S.I. 2009/1724), art. 6(1)(a)

F7 S. 193: definition of "management committee" inserted (29.7.2009) by The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009 (S.I. 2009/1724), art. 6(1)(b)

F8 S. 193: definition of "relevant electronic facility" inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(14) (with regs. 2, 5)

F9 S. 193(2) inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 30(3); S.I. 2017/380, reg. 2(b)

194 Index of defined expressions E+W

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
[F10 community premises	section 193]
conviction, in Part 6	section 114
crime prevention objective	section 193
designated premises supervisor	section 15
[F11 entitled to work in the United Kingdom	section 192A]
foreign offence, in Part 6	section 113
given, in relation to a notice, etc.	section 184
guest	section 67(1)
F12 . . .	F12 . . .
F13 . . .	F13 . . .
[F11 immigration offence	section 113]
[F11 immigration penalty (and required to pay, in relation to an immigration penalty)	section 113]
interim authority notice	section 47
late night refreshment	Schedule 2
[F14 late temporary event notice	section 100A(1)(b)]
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
[F15 relevant electronic facility	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
[F16 relevant person, in Part 5	section 99A]
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
[F17 standard temporary event notice	section 100A(1)(a)]
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
[F11 working illegally, in relation to the prevention of illegal working in licensed premises	section 193]

Textual Amendments

F10 Words in s. 194 inserted (29.7.2009) by The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009 (S.I. 2009/1724), art. 6(2)

F11 Words in s. 194 inserted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 31; S.I. 2017/380, reg. 2(b)

F12 Words in s. 194 omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 105(9), 157(1) (with s. 105(11)); S.I. 2012/1129, art. 2(d)

F13 Words in s. 194 omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 107(7), 157(1) (with s. 107(9)); S.I. 2012/1129, art. 2(d)

F14 Words in s. 194 inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(11)(a), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)

F15 Words in s. 194 inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), reg. 49(15) (with regs. 2, 5)

F16 Words in s. 194 inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 112(12), 157(1) (with s. 112(14)); S.I. 2012/1129, art. 2(d)

F17 Words in s. 194 inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 114(11)(b), 157(1) (with s. 114(13)); S.I. 2012/1129, art. 2(d)