SCHEDULE 6 continued
62 Schedule 3 to the Lotteries and Amusements Act 1976 (provision about permits for commercial provision of amusements with prizes) is amended as follows.
63 (1) Paragraph 1 (interpretation) is amended as follows.
(2) In sub-paragraph (1), for paragraph (a) substitute—
“(a) in relation to any premises in England and Wales in respect of which there is in force a premises licence authorising the supply of alcohol for consumption on the premises, the relevant licensing authority in relation to those premises;”.
(3) In sub-paragraph (2)—
(a) for the definition of “justices' on-licence”, “licensing district” and “Part IV licence” substitute—
““alcohol”, “licensing authority” and “premises licence” have the same meaning as in the Licensing Act 2003,”,
(b) omit the definition of “the proper officer of the authority”, and
(c) at the appropriate place, insert—
““relevant licensing authority”, in relation to premises in respect of which a premises licence is in force, means the licensing authority in relation to those premises determined in accordance with section 12 of the Licensing Act 2003;”, and
““supply of alcohol” has the same meaning as in section 14 of the Licensing Act 2003;”.
(4) After that sub-paragraph insert—
“(3) A function conferred by this Schedule on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.”
64 In paragraph 8 (appeals)—
(a) in sub-paragraphs (2) and (3), for “proper officer of” substitute “clerk to”, and
(b) omit sub-paragraph (4).
65 Omit paragraph 11 (payment of indemnity from central funds).
66 In paragraph 18 (fees), for “proper officer” substitute “clerk”.
67 In section 11 of the Rent Act 1977 (tenancy of licensed premises not to be protected or statutory tenancy), for “premises licensed for the sale of intoxicating liquors” substitute “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)”.
68 The Greater London Council (General Powers) Act 1978 is amended as follows.
69 Section 3 (human posing to be treated as entertainment) ceases to have effect.
70 In section 5(4)(a) (definition of “booking office”)—
(a) omit sub-paragraph (ii) and the word “or” immediately preceding it, and
(b) for “sub-paragraphs (i) and (ii)” substitute “sub-paragraph (i)”.
71 The Alcoholic Liquor Duties Act 1979 is amended as follows.
72 In section 4 (interpretation)—
(a) in the definition of “justices' licence” and “justices' on-licence”, omit paragraph (a), and
(b) in the definition of “registered club”, omit “which is for the time being registered within the meaning of the Licensing Act 1964 or”.
73 In section 71 (exception to penalty for misdescribing alcohol as spirits)—
(a) after subsection (4) insert—
“(4A) Nothing in this section as it applies to England and Wales shall apply to any alcohol (within the meaning of the Licensing Act 2003) which is prepared on any premises which may be lawfully used for the supply of alcohol (within the meaning of section 14 of that Act) for immediate consumption there.”
(b) in subsection (5)—
(i) omit “England and Wales or”,
(ii) omit paragraph (c), and
(iii) for “, in that club or on board that aircraft, vessel or vehicle,” substitute “or in that club”.
74 In section 4(1) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (interpretation), in the definition of “licensed premises” for the words “a justices' on-licence (within the meaning of section 1 of the Licensing Act 1964)” substitute “a premises licence under the Licensing Act 2003 authorising the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises”.
75 In Part 3 of Schedule 6 to the Magistrates' Courts Act 1980 (matters to which provision relating to fees taken by clerks to justices does not apply), paragraphs 3 and 5 are omitted.
76 The Local Government, Planning and Land Act 1980 is amended as follows.
77 Sections 131 and 132 (licensing in new towns) cease to have effect.
78 In section 133 (miscellaneous provision about new towns), in subsection (1), omit the following definitions—
(a) “development corporation”,
(b) “the 1964 Act”.
79 In section 146 (disposal of land by urban development corporation)—
(a) in subsection (3), for “intoxicating liquor” substitute “alcohol”, and
(b) in subsection (6), for ““intoxicating liquor” has the meaning assigned by section 201 of the Licensing Act 1964” substitute ““alcohol” has the meaning given by section 191 of the Licensing Act 2003”.
80 In section 1(4) of the Indecent Displays (Control) Act 1981 (exemptions from offence of displaying indecent matter)—
(a) for paragraph (d) substitute—
“(d) included in a performance of a play (within the meaning of paragraph 14(1) of Schedule 1 to the Licensing Act 2003) in England and Wales or of a play (within the meaning of the Theatres Act 1968) in Scotland;”, and
(b) in paragraph (e) for “included in a film exhibition as defined in the Cinemas Act 1985” substitute “included in an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003, in England and Wales, or a film exhibition, as defined in the Cinemas Act 1985, in Scotland”.
81 In section 18 of the New Towns Act 1981 (disposal by development corporation of land to occupiers of it before acquisition by corporation), in subsection (3) for the words “intoxicating liquor (“intoxicating liquor” having the meaning given in section 201(1) of the Licensing Act 1964)” substitute “alcohol (within the meaning of section 191 of the Licensing Act 2003)”.
82 The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.
83 The following provisions cease to have effect—
(a) section 1 (licensing of public entertainment outside Greater London),
(b) sections 4 to 6 (controls on take-away food shops),
(c) Schedule 1 (licensing of public entertainment outside Greater London).
84 In section 10(11) (requirement that apparatus to be installed should be provided with cut-off switch disapplied in relation to cinemas) for the words “premises in respect of which a licence under section 1 of the Cinemas Act 1985 is for the time being in force” substitute “premises in respect of which a premises licence under the Licensing Act 2003 has effect authorising the use of the premises for an exhibition of a film, within the meaning of paragraph 15 of Schedule 1 to that Act”.
85 (1) Schedule 3 (control of sex establishments) is amended as follows.
(2) In paragraph 3(2) (premises not to be treated as a sex cinema merely because the exhibition of a film there must be authorised by a licence, etc.)—
(a) for paragraph (a) substitute—
“(a) if they may be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003) by virtue of an authorisation (within the meaning of section 136 of that Act), of their use in accordance with that authorisation”, and
(b) in paragraph (b), for “that Act” substitute “the Cinemas Act 1985”.
(3) In paragraph 3A (exemption for theatres and cinemas from provisions about sex encounter establishments) for paragraphs (i) and (ii) of the proviso substitute—
“(i) for the time being, being used for the provision of regulated entertainment (within the meaning of the Licensing Act 2003), in circumstances where that use is authorised under that Act; or
(ii) for the time being, being used for the purposes of late night refreshment (within the meaning of that Act), in circumstances where that use is so authorised; or”.
86 The Representation of the People Act 1983 is amended as follows.
87 In section 185 (interpretation of Part relating to legal proceedings), for the definition of “Licensing Acts” substitute—
““Licensing Acts” means the Licensing (Scotland) Act 1976 and the Licensing (Northern Ireland) Order 1996 (as that Act or Order may from time to time have effect);”.
88 In Schedule 7 (transitional and saving provision), omit paragraph 4.
89 In section 3(7) of the Video Recordings Act 1984 (exempted supply of video recording)—
(a) before paragraph (a) insert—
“(za) premises in England and Wales which, by virtue of an authorisation within the meaning of section 136 of the Licensing Act 2003, may be used for the exhibition of a film within the meaning of paragraph 15 of Schedule 1 to that Act,”, and
(b) in paragraphs (a) and (c) after “premises”, and in paragraph (b) after the first “premises”, insert “in Scotland”.
90 The Building Act 1984 is amended as follows.
91 In section 24(4) (provision of exits in buildings) for paragraph (c) substitute—
“(c) premises in respect of which a club premises certificate has effect under the Licensing Act 2003,”.
92 In section 74(2) (exemption for certain premises from requirement for local authority’s consent for cellars and rooms below subsoil water level), omit paragraph (a) and the word “or” immediately following it.
93 In Schedule 1A to the Police and Criminal Evidence Act 1984 (arrestable offences) at the end there is inserted—
26. An offence under section 143(1) of the Licensing Act 2003 (failure to leave licensed premises, etc.).”
94 In section 15(1) of the Greater London Council (General Powers) Act 1984 (exceptions to power of Council to refuse to register sleeping accommodation), at the end insert “; or
(v) a building—
(a) in respect of which there is in force immediately before the appointed day a premises licence under the Licensing Act 2003 authorising the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises, and
(b) the use of which for a specified purpose would not contravene the Town and Country Planning Act 1990.”
95 The Cinemas Act 1985 ceases to have effect in England and Wales.
96 The Sporting Events (Control of Alcohol etc.) Act 1985 is amended as follows.
97 In the following provisions, for “intoxicating liquor” substitute “alcohol”—
(a) section 1(2) and (3) (alcohol on coaches and trains),
(b) section 1A(2) and (3) (alcohol on certain other vehicles),
(c) section 2(1) (alcohol at sports grounds).
98 Omit section 2(1A) (application to private rooms of offence of having alcohol at designated sporting event).
99 The following provisions cease to have effect—
(a) sections 3 and 4 (order about licensing hours in sports grounds),
(b) section 5 (appeal against such an order),
(c) section 5A (restricted periods in relation to possession of alcohol in private rooms at sports grounds),
(d) section 5B (occasional licences at sports grounds),
(e) section 5C (supply of alcohol by clubs at sports grounds),
(f) section 5D (non-retail sales of alcohol during sporting event),
(g) section 6 (closure of bar during sporting event),
(h) the Schedule (procedure for obtaining order about licensing hours in sports grounds).
100 In section 8 (offences)—
(a) in paragraph (b), for “, 2A(1), 3(10), 5B(2), 5C(3), 5D(2) or 6(2)” substitute “or 2A(1)”, and
(b) omit paragraphs (d) and (e).
101 In section 9 (interpretation)—
(a) omit subsection (5), and
(b) for subsection (7) substitute—
“(7) An expression used in this Act and in the Licensing Act 2003 has the same meaning in this Act as in that Act.”
102 The Housing Act 1985 is amended as follows.
103 In section 11 (provision of board facilities by local housing authority)—
(a) for subsection (3) substitute—
“(3) Where a premises licence under Part 3 of the Licensing Act 2003 authorises the sale by retail of alcohol in connection with the provision of facilities of the kind mentioned in subsection (1)(a), then, notwithstanding the terms of that licence, it does not have effect so as to authorise the sale by retail of alcohol for consumption otherwise than with a meal.”,
(b) in subsection (4) after “the sale of intoxicating liquor” insert “or the sale by retail of alcohol”, and
(c) after that subsection insert—
“(5) An expression used in this section and in the Licensing Act 2003 has the same meaning in this section as in that Act.”
104 In Schedule 1 (tenancies which are not secure tenancies), in paragraph 9, for “premises licensed for the sale of intoxicating liquor” substitute “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)”.
105 Section 5 of the Sex Discrimination Act 1986 (discrimination required by public entertainment licence) ceases to have effect.
106 After section 33(2) of the Fire Safety and Safety of Places of Sport Act 1987 (requirements of safety certificate to take precedence over conflicting conditions imposed in licence, etc.) insert—
“(2A) For the purposes of subsection (2)—
(a) “the licensing of premises” includes the granting of a premises licence or club premises certificate under the Licensing Act 2003, and
(b) “licence” is to be construed accordingly.”
107 In paragraph 40(1) of Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (provision of facilities by Broads Authority), in paragraph (b) for “intoxicating liquor” substitute “alcohol (within the meaning of the Licensing Act 2003)”.
108 In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 5, for “premises licensed for the sale of intoxicating liquors” substitute “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)”.
109 Section 334 of the Town and Country Planning Act 1990 (licensing planning areas) ceases to have effect.
110 (1) Schedule 1 to the Sunday Trading Act 1994 (restrictions on Sunday opening of large shops) is amended as follows.
(2) In paragraph 1—
(a) for the definition of “intoxicating liquor” substitute—
““alcohol” has the same meaning as in the Licensing Act 2003,”, and
(b) in paragraph (a) of the definition of “sale of goods”, for “intoxicating liquor” substitute “alcohol”.
(3) In paragraph 3(1)(b) for “intoxicating liquor” substitute “alcohol”.
111 In section 63 of the Criminal Justice and Public Order Act 1994 (power to remove persons attending raves, etc.), for subsection (9)(a) substitute—
“(a) in England and Wales, to a gathering in relation to a licensable activity within section 1(1)(c) of the Licensing Act 2003 (provision of certain forms of entertainment) carried on under and in accordance with an authorisation within the meaning of section 136 of that Act;”.
112 Section 21 of the Deregulation and Contracting Out Act 1994 (Sunday Observance Act 1780 not to apply to sporting events) ceases to have effect.
113 In section 14 of the London Local Authorities Act 1995 (interpretation of Part relating to near beer premises), in the definition of “near beer premises”—
(a) for “intoxicating liquor is provided exemption or saving from the provisions of the Act of 1964 by virtue of section 199 of that Act” substitute “alcohol is not a licensable activity under or by virtue of section 173 of the Licensing Act 2003”,
(b) for paragraph (A) substitute—
“(A) a premises licence under Part 3 of that Act which authorises the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises;”,
(c) in paragraph (B)—
(i) omit “Schedule 12 to the London Government Act 1963,” and “or the Private Places of Entertainment (Licensing) Act 1967”, and
(ii) at the end insert “or a premises licence granted under Part 3 of the Licensing Act 2003 which authorises the provision of any form of regulated entertainment (within the meaning of Schedule 1 to that Act)”,
(d) omit paragraphs (C) to (E),
(e) for paragraphs (F) and (G) substitute—
“(F) a temporary event notice under the Licensing Act 2003, by virtue of which the premises may be used for the supply of alcohol (within the meaning of section 14 of that Act);”,
(f) for the words from “during the hours” to “licence:” substitute “during the hours permitted by such licence or notice:”, and
(g) for “such licence; and” substitute “such licence or notice; and”.
114 In section 232(7) of the Employment Rights Act 1996 (definition of “catering business”)—
(a) in paragraph (a) for “intoxicating liquor” substitute “alcohol”, and
(b) for ““intoxicating liquor” has the same meaning as in the Licensing Act 1964” substitute ““alcohol” has the same meaning as in the Licensing Act 2003”.
115 (1) Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of alcohol) is amended as follows.
(2) In subsection (1)—
(a) for “intoxicating liquor”, in each place it occurs, substitute “alcohol”,
(b) in paragraph (b) for “liquor” substitute “alcohol”, and
(c) for “such liquor” substitute “alcohol”.
(3) For subsection (7) substitute—
“(7) In this section—
“alcohol”—
in relation to England and Wales, has the same meaning as in the Licensing Act 2003;
in relation to Northern Ireland, has the same meaning as “intoxicating liquor” in the Licensing (Northern Ireland) Order 1996; and
“licensed premises”—
in relation to England and Wales, means premises which may by virtue of Part 3 or Part 5 of the Licensing Act 2003 (premises licence; permitted temporary activity) be used for the supply of alcohol within the meaning of section 14 of that Act;
in relation to Northern Ireland, has the same meaning as in the Licensing (Northern Ireland) Order 1996.”
116 In section 115(5) of the Police Act 1997 (enhanced criminal record certificates), after paragraph (d) insert—
“(da) a personal licence under the Licensing Act 2003;”.
117 In section 32 of the London Local Authorities Act 2000 (interpretation of provisions about the licensing of buskers), in the definition of “busking”, for paragraph (b) substitute—
“(b) under and in accordance with a premises licence under Part 3 of the Licensing Act 2003, or a temporary event notice having effect under Part 5 of that Act, which authorises the provision of regulated entertainment (within paragraph 2(1)(e) to (h) or 3(2) of Schedule 1 to that Act (music and dancing));”.
118 (1) Paragraph 8 of Schedule 2 to the Private Security Industry Act 2001 (door supervisors etc. for licensed premises) is amended as follows.
(2) In sub-paragraph (2), for paragraphs (a) to (d) substitute—
“(a) any premises in respect of which a premises licence or temporary event notice has effect under the Licensing Act 2003 to authorise the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises;
(b) any premises in respect of which a premises licence or temporary event notice has effect under that Act to authorise the provision of regulated entertainment;”.
(3) For sub-paragraph (3) substitute—
“(3) For the purposes of this paragraph, premises are not licensed premises—
(a) if there is in force in respect of the premises a premises licence which authorises regulated entertainment within paragraph 2(1)(a) or (b) of Schedule 1 to the Licensing Act 2003 (plays and films);
(b) in relation to any occasion on which the premises are being used—
(i) exclusively for the purposes of a club which holds a club premises certificate in respect of the premises, or
(ii) for regulated entertainment of the kind mentioned in paragraph (a), in circumstances where that use is a permitted temporary activity by virtue of Part 5 of that Act;
(c) in relation to any occasion on which a licence is in force in respect of the premises under the Gaming Act 1968 (c. 65) and the premises are being used wholly or mainly for the purposes of gaming to which Part 2 of that Act applies; or
(d) in relation to any such other occasion as may be prescribed for the purposes of this sub-paragraph.”
(4) After sub-paragraph (5) insert—
“(6) Sub-paragraphs (2)(a) and (b) and (3)(a) and (b) are to be construed in accordance with the Licensing Act 2003.”
119 The Criminal Justice and Police Act 2001 is amended as follows.
120 In section 1(1) (offences leading to penalties on the spot), at the end of the Table insert—
| “Section 149(4) of the Licensing Act 2003 | Buying or attempting to buy alcohol for consumption on licensed premises, etc. by child” |
121 In section 12 (alcohol consumption in designated public place)—
(a) in subsections (1) and (2), for “intoxicating liquor”, in each place it occurs, substitute “alcohol”, and
(b) in subsection (2) for “such liquor” substitute “alcohol”.
122 In section 13 (designated public places), in subsection (2) for “intoxicating liquor” substitute “alcohol”.
123 (1) Section 14 (places which are not designated public places) is amended as follows.
(2) In subsection (1)—
(a) for paragraphs (a) to (d) substitute—
“(a) premises in respect of which a premises licence or club premises certificate, within the meaning of the Licensing Act 2003, has effect;
(b) a place within the curtilage of premises within paragraph (a);
(c) premises which by virtue of Part 5 of the Licensing Act 2003 may for the time being be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the last 20 minutes;”, and
(b) in paragraph (e), for “intoxicating liquor” substitute “alcohol”.
(3) Omit subsection (2).
124 In section 15(1)(a) (byelaw prohibiting consumption of alcohol), for “intoxicating liquor” substitute “alcohol”.
125 In section 16(1) (interpretation of sections 12 to 15)—
(a) before the definition of “designated public place” insert—
““alcohol” has the same meaning as in the Licensing Act 2003;”,
(b) omit the definition of “intoxicating liquor”, and the word “and” immediately following it, and
(c) after the definition of “public place” insert “; and
“supply of alcohol” has the meaning given by section 14 of the Licensing Act 2003”.
126 In each of the following provisions, for “unlicensed sale of intoxicating liquor” substitute “unauthorised sale of alcohol”—
(a) section 19(1) and (2) (service of closure notice by constable or local authority),
(b) section 20(3)(a) (no application for closure order where unauthorised sale of alcohol has ceased),
(c) section 21(1)(b) and (2)(b) (closure order),
(d) section 27(6) (fixing notice on premises where personal service cannot be effected).
127 In section 28 (interpretation of provisions relating to closure of unlicensed premises)—
(a) before the definition of “closure notice” insert—
““alcohol” has the same meaning as in the Licensing Act 2003;”,
(b) omit the definition of “intoxicating liquor”, and
(c) for the definition of “unlicensed sale” substitute—
““unauthorised sale”, in relation to any alcohol, means any supply of the alcohol (within the meaning of section 14 of the Licensing Act 2003) which—
(a) is a licensable activity within the meaning of that Act, but
(b) is made otherwise than under and in accordance with an authorisation (within the meaning of section 136 of that Act).”
128 In Schedule 1 (powers of seizure)—
(a) at the end of Part 1 insert—
74. The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club).”, and
(b) at the end of Part 3 insert—
110. The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club).”