Licensing Act 2003

Local Government (Miscellaneous Provisions) Act 1982 (c. 30) E+W

82 E+W The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

83 E+W The following provisions cease to have effect—

(a) section 1 (licensing of public entertainment outside Greater London),

(b) sections 4 to 6 (controls on take-away food shops),

(c) Schedule 1 (licensing of public entertainment outside Greater London).

84 E+W In section 10(11) (requirement that apparatus to be installed should be provided with cut-off switch disapplied in relation to cinemas) for the words “premises in respect of which a licence under section 1 of the Cinemas Act 1985 is for the time being in force” substitute “premises in respect of which a premises licence under the Licensing Act 2003 has effect authorising the use of the premises for an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to that Act”.

85 (1) Schedule 3 (control of sex establishments) is amended as follows. E+W

(2) In paragraph 3(2) (premises not to be treated as a sex cinema merely because the exhibition of a film there must be authorised by a licence, etc.)—

(a) for paragraph (a) substitute—

“(a) if they may be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003) by virtue of an authorisation (within the meaning of section 136 of that Act), of their use in accordance with that authorisation”, and

(b) in paragraph (b), for “that Act” substitute “the Cinemas Act 1985”.

(3) In paragraph 3A (exemption for theatres and cinemas from provisions about sex encounter establishments) for paragraphs (i) and (ii) of the proviso substitute—

“(i) for the time being, being used for the provision of regulated entertainment (within the meaning of the Licensing Act 2003), in circumstances where that use is authorised under that Act; or

(ii) for the time being, being used for the purposes of late night refreshment (within the meaning of that Act), in circumstances where that use is so authorised; or”.