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Vessels, vehicles and moveable structures

189 Vessels, vehicles and moveable structures

(1) This Act applies in relation to a vessel which is not permanently moored or berthed as if it were premises situated in the place where it is usually moored or berthed.

(2) Where a vehicle which is not permanently situated in the same place is, or is proposed to be, used for one or more licensable activities while parked at a particular place, the vehicle is to be treated for the purposes of this Act as if it were premises situated at that place.

(3) Where a moveable structure which is not permanently situated in the same place is, or is proposed to be, used for one or more licensable activities while set in a particular place, the structure is to be treated for the purposes of this Act as if it were premises situated at that place.

(4) Where subsection (2) applies in relation to the same vehicle, or subsection (3) applies in relation to the same structure, in respect of more than one place, the premises which by virtue of that subsection are situated at each such place are to be treated as separate premises.

(5) Sections 29 to 31 (which make provision in respect of provisional statements relating to premises licences) do not apply in relation to a vessel, vehicle or structure to which this section applies.

Interpretation

190 Location of sales

(1) This section applies where the place where a contract for the sale of alcohol is made is different from the place where the alcohol is appropriated to the contract.

(2) For the purposes of this Act the sale of alcohol is to be treated as taking place where the alcohol is appropriated to the contract.

191 Meaning of “alcohol”

(1) In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, but does not include—

(a) alcohol which is of a strength not exceeding 0.5% at the time of the sale or supply in question,

(b) perfume,

(c) flavouring essences recognised by the Commissioners of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor,

(d) the aromatic flavouring essence commonly known as Angostura bitters,

(e) alcohol which is, or is included in, a medicinal product,

(f) denatured alcohol,

(g) methyl alcohol,

(h) naphtha, or

(i) alcohol contained in liqueur confectionery.

(2) In this section—

• “denatured alcohol” has the same meaning as in section 5 of the Finance Act 1995 (c. 4);

• “dutiable alcoholic liquor” has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);

• “liqueur confectionery” means confectionery which—

  (a)

  contains alcohol in a proportion not greater than 0.2 litres of alcohol (of a strength not exceeding 57%) per kilogram of the confectionery, and

  (b)

  either consists of separate pieces weighing not more than 42g or is designed to be broken into such pieces for the purpose of consumption;

• “medicinal product” has the same meaning as in section 130 of the Medicines Act 1968 (c. 67); and

• “strength” is to be construed in accordance with section 2 of the Alcoholic Liquor Duties Act 1979.

192 Meaning of “sale by retail”

(1) For the purposes of this Act “sale by retail”, in relation to any alcohol, means a sale of alcohol to any person, other than a sale of alcohol that—

(a) is within subsection (2),

(b) is made from premises owned by the person making the sale, or occupied by him under a lease to which the provisions of Part 2 of the Landlord and Tenant Act 1954 (c. 56) (security of tenure) apply, and

(c) is made for consumption off the premises.

(2) A sale of alcohol is within this subsection if it is—

(a) to a trader for the purposes of his trade,

(b) to a club, which holds a club premises certificate, for the purposes of that club,

(c) to the holder of a personal licence for the purpose of making sales authorised by a premises licence,

(d) to the holder of a premises licence for the purpose of making sales authorised by that licence, or

(e) to the premises user in relation to a temporary event notice for the purpose of making sales authorised by that notice.

193 Other definitions

In this Act—

• “beer” has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);

• “cider” has the same meaning as in that Act;

• “crime prevention objective” means the licensing objective mentioned in section 4(2)(a) (prevention of crime and disorder);

• “licensed premises” means premises in respect of which a premises licence has effect;

• “licensing functions” is to be construed in accordance with section 4(1);

• “order”, except so far as the contrary intention appears, means an order made by the Secretary of State;

• “premises” means any place and includes a vehicle, vessel or moveable structure;

• “prescribed” means prescribed by regulations;

• “recognised club” means a club which satisfies conditions 1 to 3 of the general conditions in section 62;

• “regulations” means regulations made by the Secretary of State;

• “vehicle” means a vehicle intended or adapted for use on roads;

• “vessel” includes a ship, boat, raft or other apparatus constructed or adapted for floating on water;

• “wine” means—

  (a)

  “wine” within the meaning of the Alcoholic Liquor Duties Act 1979, and

  (b)

  “made-wine” within the meaning of that Act;

• “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in England and Wales.

194 Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the provisions indicated—

Supplementary and general

195 Crown application

(1) This Act binds the Crown and has effect in relation to land in which there is—

(a) an interest belonging to Her Majesty in right of the Crown,

(b) an interest belonging to a government department, or

(c) an interest held in trust for Her Majesty for the purposes of such a department.

(2) This Act also applies to—

(a) land which is vested in, but not occupied by, Her Majesty in right of the Duchy of Lancaster, and

(b) land which is vested in, but not occupied by, the possessor for the time being of the Duchy of Cornwall.

(3) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4) Provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

(5) But nothing in this Act affects Her Majesty in Her private capacity.

196 Removal of privileges and exemptions

No privilege or exemption mentioned in section 199(a) or (b) of the Licensing Act 1964 (c. 26) (University of Cambridge and the Vintners of the City of London) operates to exempt any person from the requirements of this Act.

197 Regulations and orders

(1) Any power of the Secretary of State to make regulations or an order under this Act is exercisable by statutory instrument.

(2) Regulations or an order under this Act—

(a) may include incidental, supplementary, consequential or transitional provision or savings;

(b) may make provision generally or only in relation to specified cases;

(c) may make different provision for different purposes.

(3) A statutory instrument containing regulations or an order under this Act, other than one containing—

(a) an order under section 5(2) (order appointing start of first period for which statement of licensing policy to be prepared),

(b) an order under section 100(8)(alteration of maximum temporary event period),

(c) an order under section 107(12) (alteration of limit on number of temporary event notices),

(d) an order under section 172 (relaxation of opening hours for special occasions),

(e) an order under section 176(3) (order amending definition of “excluded premises” where alcohol sales are prohibited),

(f) an order under section 201 (commencement), or

(g) an order under paragraph 4 of Schedule 1 (power to amend meaning of regulated entertainment),

is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing an order within subsection (3)(b), (c), (d), (e) or (g) is not to be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

(5) If a draft of an order within subsection (3)(d) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

198 Minor and consequential amendments

(1) Schedule 6 (which makes minor and consequential amendments) has effect.

(2) The Secretary of State may, in consequence of any provision of this Act or of any instrument made under it, by order make such amendments (including repeals or revocations) as appear to him to be appropriate in—

(a) any Act passed, or

(b) any subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30) made,

before that provision comes into force.

199 Repeals

The enactments mentioned in Schedule 7 (which include provisions that are spent) are repealed to the extent specified.

200 Transitional provision etc.

Schedule 8 (which makes transitional and transitory provision and savings) has effect.

201 Short title, commencement and extent

(1) This Act may be cited as the Licensing Act 2003.

(2) The preceding provisions (and the Schedules) come into force in accordance with provision made by order.

(3) Subject to subsections (4) and (5), this Act extends to England and Wales only.

(4) Section 155(1) also extends to Northern Ireland.

(5) An amendment or repeal contained in Schedule 6 or 7 has the same extent as the enactment to which it relates.