The Licensing Act 2003 (Consequential Amendments) Order 2005
It appears to the Secretary of State that it is appropriate to make the amendments set out in this Order.
Citation and commencement1.
This Order may be cited as the Licensing Act 2003 (Consequential Amendments) Order 2005 and comes into force on 24th November 2005.
Criminal Justice and Police Act 20012.
“Section 141 of the Licensing Act 2003 (c. 17)
Sale of alcohol to a person who is drunk”;
“Section 146(1) and (3) of the Licensing Act 2003 (c. 17)
Sale of alcohol to children”;
“Section 149 of the Licensing Act 2003 (c. 17)
Purchase of alcohol by or on behalf of children”;
“Section 150 of the Licensing Act 2003 (c. 17)
Consumption of alcohol by children or allowing such consumption”;
“Section 151 of the Licensing Act 2003 (c. 17)
Delivering alcohol to children or allowing such delivery”.
Revocations and amendments of subordinate legislation3.
(1)
The enactments specified in the left hand column of Part 1 of the Schedule are revoked to the extent specified in the right hand column.
(2)
The enactments specified in Part 2 of the Schedule are amended as there set out.
SCHEDULE
PART 1Regulations and Orders revoked
Title and number | Extent of revocation |
|---|---|
Licensing Act 1964 (Amendment) Regulations 19793 | The whole Regulations |
Deregulation (Employment in Bars) Order 19974 | The whole Order |
Deregulation (Licence Transfers) Order 19985 | The whole Order |
Deregulation (Millennium Licensing) Order 19996 | The whole Order |
Regulatory Reform (Special Occasions Licensing) Order 20017 | The whole Order |
Deregulation (Sunday Licensing) Order 20018 | The whole Order |
Regulatory Reform (Special Occasions Licensing) Order 20029 | The whole Order |
Regulatory Reform (Golden Jubilee Licensing) Order 200210 | The whole Order |
Deregulation (Restaurant Licensing Hours) Order 200211 | The whole Order |
PART 2Regulations and Orders amended
1.
“The Licensing Act 2003 (c. 17)
In section 173(1)(f) the reference to the armed forces of the Crown shall include a reference to members of a visiting force or military members of a headquarters”.
2.
“(d)
the premises licence holder, the club premises certificate holder or the premises user, as appropriate, in relation to premises in that place which they consider may be affected by the designation and which are premises in respect of which–
(i)
a premises licence granted under Part 3 of the Licensing Act 2003 (“the 2003 Act”) has effect,
(ii)
a club premises certificate granted under Part 4 of the 2003 Act has effect, or
(iii)
a temporary event notice has been given so that the premises may be used for a permitted temporary activity by virtue of Part 5 of the 2003 Act.”.
3.
(1)
“Section 141 of the Licensing Act 2003 (c. 17)
Sale of alcohol to a person who is drunk
Section 146(1) and (3) of the Licensing Act 2003 (c. 17)
Sale of alcohol to children
Section 149(3) and (4) of the Licensing Act 2003 (c. 17)
Purchase of alcohol on behalf of children
Section 151 of the Licensing Act 2003 (c. 17)
Delivery of alcohol to children or allowing such delivery”.
(2)
“Section 149(1) of the Licensing Act 2003 (c. 17)
Purchase of alcohol by children
Section 150 of the Licensing Act 2003 (c. 17)
Consumption of alcohol by children or allowing such consumption”.
This Order makes consequential amendments in connection with the commencement of provisions of the Licensing Act 2003 (“the 2003 Act”).
Article 2 amends the Table in section 1(1) of the Criminal Justice and Police Act 2001. The Table lists offences leading to penalties on the spot and includes offences created by provisions of the Licensing Act 1964 (“the 1964 Act”). The effect of the amendments is to replace the references to the sections of the Licensing Act 1964 which are repealed by the 2003 Act by references to the provisions of the 2003 Act which create equivalent offences.
Article 3 and Part l of the Schedule revoke certain regulations and orders. These include deregulation and regulatory reform orders and the Licensing Act 1964 (Amendment) Regulations 1979, made under the European Communities Act 1972, which have become redundant following the repeal of the 1964 Act.
Article 3 and Part 2 of the Schedule amend certain regulations and orders.
Schedule 6 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 modifies enactments to confer on visiting forces and headquarters and their members, employees and property the same exemptions, privileges and immunities as they would enjoy if the visiting force or headquarters formed a part of the home forces. The amendment made by this Order substitutes for the modification of the definition of “canteen” and “mess” in section 201(1) of the 1964 Act a modification of section 173(1)(f) of the 2003 Act to include a reference to members of a visiting force or military member of a headquarters. The effect is that an activity is not licensable under the 2003 Act if it is carried on a premises occupied for the purposes of such members.
Article 2 of the Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2001, which defines “licensed premises” as having the same meaning as in the 2003 Act is amended by the omission of that definition. Article 3(1) of the Regulations, which lists those whom a local authority must consult before making an order, is amended by substituting at (d) for the licensee of any licensed premises, the holder of the premises licence granted under the 2003 Act, a club with a club premises certificate under that Act or the premises user in relation to a permitted temporary activity.
The Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002, which sets out the offences in respect of which the Order specifies the amount of the penalty, is amended by substituting for offences under the 1964 Act the corresponding offences under the 2003 Act.