2.—(1) Subject to paragraphs (3) and (4), premises licences and club premises certificates to which paragraph (2) applies have effect (to the extent that it is not already the case) during the celebration period as if the specified times were included in the opening hours(1).
(2) This paragraph applies to premises licences and club premises certificates by virtue of which the opening hours immediately precede or continue into the specified times.
(3) The opening hours are not by virtue of paragraph (1) to be treated as including the specified times insofar as they relate to the use of premises for—
(a)the sale by retail of alcohol for consumption off the premises, or
(b)the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises.
(4) In relation to the use of premises for the provision of late night refreshment(2), the opening hours are only to be treated by virtue of paragraph (1) as including the specified times if the premises may also be used at those times for—
(a)the sale by retail of alcohol for consumption on the premises, or
(b)the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption on the premises.
The definition of “opening hours” is contained in section 172(5) of the Licensing Act 2003.
The definition of “late night refreshment” is contained in paragraph 1(1) of Schedule 2 to the Licensing Act 2003.