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The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

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EXPLANATORY NOTE

(This note is not part of this Order)

Sections 19A and 73B of the Licensing Act 2003 (“the 2003 Act”) provide for the Secretary of State to prescribe by order up to nine mandatory conditions applicable to relevant premises licences and club premises certificates. Relevant premises licences and relevant club premises certificates are those authorising the supply of alcohol to the public in licensed premises or to members or guests of clubs in club premises.

This Order amends the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 (“the 2010 Order”).

The Schedule to this Order sets out the four mandatory conditions which apply to relevant premises licences and club premises certificates from the date of coming into force of the Order as provided in article 1. The conditions apply to all relevant premises licences and all relevant club premises certificates authorising consumption of alcohol on the premises, with the exception of the condition in paragraph 3 of the Schedule, requiring an age verification policy to be adopted, which applies in addition to licences and certificates which permit the supply of alcohol only for consumption off the premises.

Article 3 makes provision to the effect that an activity which is not prohibited by paragraph 1(2)(b) of the Schedule to the 2010 Order, as it was in force immediately before the coming into force of this Order, because it related to alcohol consumed at a table meal (as defined in section 159 of the 2003 Act), will continue not to be prohibited provided certain conditions are met; these are that the activity is available only to an individual who holds a ticket or other written invitation in respect of that activity which was purchased by, or given to, that individual on or before 30th September 2014, and the activity takes place on or before 5th April 2015.

A full regulatory impact assessment on the effect of this instrument is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.

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