Licensing Act 2003

173 Activities in certain locations not licensable E+W

(1) An activity is not a licensable activity if it is carried on—

(a) aboard an aircraft, hovercraft or railway vehicle engaged on a journey,

(b) aboard a vessel engaged on an international journey,

(c) at an approved wharf at a designated port or hoverport,

(d) at an examination station at a designated airport,

(e) at a royal palace,

(f) at premises which, at the time when the activity is carried on, are permanently or temporarily occupied for the purposes of the armed forces of the Crown,

(g) at premises in respect of which a certificate issued under section 174 (exemption for national security) has effect, or

(h) at such other place as may be prescribed.

(2) For the purposes of subsection (1) the period during which an aircraft, hovercraft, railway vehicle or vessel is engaged on a journey includes—

(a) any period ending with its departure when preparations are being made for the journey, and

(b) any period after its arrival at its destination when it continues to be occupied by those (or any of those) who made the journey (or any part of it).

(3) The Secretary of State may by order designate a port, hoverport or airport for the purposes of subsection (1), if it appears to him to be one at which there is a substantial amount of international passenger traffic.

(4) Any port, airport or hoverport where section 86A or 87 of the Licensing Act 1964 (c. 26) is in operation immediately before the commencement of this section is, on and after that commencement, to be treated for the purposes of subsection (1) as if it were designated.

(5) But provision may by order be made for subsection (4) to cease to have effect in relation to any port, airport or hoverport.

(6) For the purposes of this section—

• “approved wharf” has the meaning given by section 20A of the Customs and Excise Management Act 1979 (c. 2);

• “designated” means designated by an order under subsection (3);

• “examination station” has the meaning given by section 22A of that Act;

• “international journey” means—

  (a)

  a journey from a place in the United Kingdom to an immediate destination outside the United Kingdom, or

  (b)

  a journey from a place outside the United Kingdom to an immediate destination in the United Kingdom; and

• “railway vehicle” has the meaning given by section 83 of the Railways Act 1993 (c. 43).

Commencement Information

I1 S. 173(1)(h)(3)(5) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 173(1)(a)-(g)(2)(4)(6) in force at 24.11.2005 by S.I. 2005/3056, art. 2(2) (with Sch.)