- Statutory Instrument 2004 No. 2360 (C.101)
Licensing Act 2003 (Commencement No. 5) Order 2004
© Crown Copyright 2004
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| Made | 9th September 2004 |
The Secretary of State, in exercise of the powers conferred upon her by section 201(2) of the Licensing Act 2003[1], hereby makes the following Order:
Citation and interpretation
1. - (1) This Order may be cited as the Licensing Act 2003 (Commencement No. 5) Order 2004.
(2) In this Order -
-
"the Act" means the Licensing Act 2003;
-
"the first appointed day" means 7th February 2005[2].
Commencement
2.
- (1) The provisions of the Licensing Act 2003 specified in the Schedule to this Order, to the extent specified in the Schedule, shall come into force on the first appointed day.
(2) Sections 6 and 9(1) and (3) shall come into force on the day after the day on which this Order is made.
Richard Caborn
Minister of State, Department of Culture, Media and Sport
9th September 2004
| PROVISION AND EXTENT | SUBJECT MATTER |
| Section 7 | Exercise and delegation of functions |
| Section 10 | Sub-delegation of functions by licensing committee etc. |
| Section 11 | Premises licence |
| Section 12 | The relevant licensing authority |
| Section 13 - all remaining provisions | Authorised persons, interested parties and responsible authorities |
| Section 14 | Meaning of "supply of alcohol" |
| Section 15 | Meaning of "designated premises supervisor" |
| Section 16 - all remaining provisions | Applicant for premises licence |
| Section 17 - all remaining provisions | Application for premises licence |
| Section 18 | Determination of application for premises licence |
| Section 19 | Mandatory conditions where licence authorises supply of alcohol |
| Section 20 | Mandatory condition: exhibition of films |
| Section 21 | Mandatory condition: door supervision |
| Section 22 | Prohibited conditions: plays |
| Section 23 | Grant or rejection of application |
| Section 25 | Theft, loss etc.of premises licence or summary |
| Section 29 - all remaining provisions | Application for a premises licence where premises being built etc. |
| Section 31 - all remaining provisions | Determination of application for provisional statement |
| Section 32 | Restriction on representations following a provisional statement |
| Section 33 | Notification of change of name and address |
| Section 34 - all remaining provisions in so far as they relate to the provisions of Schedule 8 specified below | Application to vary premises licence |
| Section 35 in so far as it relates to the provisions of Schedule 8 specified below | Determination of application under section 34 |
| Section 36 in so far as it relates to the provisions of Schedule 8 specified below | Supplementary provision about determination under section 35 |
| Section 37 - all remaining provisions in so far as they relate to the provisions of Schedule 8 specified below | Application to vary licence to specify individual as premises supervisor |
| Section 39 in so far as it relates to the provisions of Schedule 8 specified below | Determination of section 37 application |
| Section 59(1)(a) and (b), (2)(a), (3), (4), (5) and (6) | Inspection of premises before grant of a licence and provisional statement |
| Section 59(1)(c) in so far as it relates to the provisions of Schedule 8 specified below | Inspection of premises before variation of a licence in relation to transitional provision |
| Section 60 | Club premises certificate |
| Section 61 | Qualifying clubs |
| Section 62 | The general conditions |
| Section 63 | Determining whether a club is established and conducted in good faith |
| Section 64 | The additional conditions for the supply of alcohol |
| Section 65 | Industrial and provident societies, friendly societies etc. |
| Section 66 | Miners' welfare institutes |
| Section 68 | The relevant licensing authority |
| Section 69 - all remaining provisions | Authorised persons, interested parties and responsible authorities |
| Section 70 | Other definitions relating to clubs |
| Section 71 - all remaining provisions | Application for club premises certificate |
| Section 72 | Determination of application for club premises certificate |
| Section 73 | Certificate authorising supply of alcohol for consumption off the premises |
| Section 74 | Mandatory condition: exhibition of films |
| Section 75 | Prohibited conditions: associate members and their guests |
| Section 76 | Prohibited conditions: plays |
| Section 77 | Grant or rejection of application for club premises certificate |
| Section 79 | Theft, loss, etc. of club premises certificate or summary |
| Section 82 | Notification of change of name or alteration of rules of club |
| Section 83 | Change of relevant registered address of club |
| Section 84(1),(2) and (3) in so far as they relate to the provisions of Schedule 8 specified below | Application to vary club premises certificate during the transitional period |
| Section 85 in so far as it relates to the provisions of Schedule 8 specified below | Determination of application under section 84 |
| Section 86 in so far as it relates to the provisions of Schedule 8 specified below | Supplementary provision about applications under section 84 |
| Section 90 | Club ceasing to be a qualifying club |
| Section 96, except subsections 1(b) and (c) | Inspection of premises before grant of a certificate etc. |
| Section 96(1)(b) in so far as it relates to the provisions of Schedule 8 specified below | Inspection of premises before variation of a certificate in relation to transitional provision |
| Section 111 | Personal licence |
| Section 112 | The relevant licensing authority |
| Section 113 - all remaining provisions | Meaning of "relevant offence" and "foreign offence" |
| Section 114 | Spent convictions |
| Section 115 | Period of validity of personal licences |
| Section 116 | Surrender of personal licence |
| Section 117 | Application for grant or renewal of personal licence |
| Section 118 | Individual permitted to hold only one personal licence |
| Section 120 - all remaining provisions | Determination of application for grant |
| Section 122 | Notification of determinations |
| Section 123 | Duty to notify licensing authority of convictions during application period |
| Section 124 | Convictions coming to light after grant or renewal |
| Section 125 - all remaining provisions | Form of personal licence |
| Section 126 | Theft, loss, etc. of personal licence |
| Section 127 | Duty to notify change of name or address |
| Section 128 | Duty to notify court of personal licence |
| Section 129 | Forfeiture or suspension of licence on conviction for relevant offence |
| Section 130 | Powers of appellate court to suspend order under section 129 |
| Section 131 | Court's duty to notify licensing authority of convictions |
| Section 132 | Licence holder's duty to notify licensing authority of convictions |
| Section 134 | Licensing authority's duty to update licence document |
| Section 135 | Licence holder's duty to produce licence |
| Section 158 | False statements made for the purposes of this Act |
| Section 178 - all remaining provisions | Right of freeholder etc. to be notified of licensing matters |
| Section 181 in so far as it relates to the provisions of Schedule 5 specified below | Appeals against decisions of licensing authorities |
| Section 183(2) | Hearings |
| Section 184 | Giving of notices, etc. |
| Section 185 | Provision of information |
| Section 186 | Proceedings for offences |
| Section 187 - all remaining provisions | Offences by bodies corporate etc. |
| Section 188 | Jurisdiction and procedure in respect of offences |
| Section 189 | Vessels, vehicles and moveable structures |
| Section 190 | Location of sales |
| Section 195 | Crown application |
| Section 200 in so far as it relates to the provisions of Schedule 8 specified below | Transitional provisions etc. |
| Schedule 4 | Personal licence: relevant offences |
| Schedule 5 paragraphs 1(a) and (d), 2, 3, 9, 10(a), 11, 15 and 17 (except paragraphs (1)(b), (9) and (10)), and paragraphs 1(b) and (c), 4, 5, 10(b) and 12 to the extent that they relate to the transitional provisions in Schedule 8. | Appeals |
| Schedule 8 - all remaining provisions except paragraphs 31, 32, and 33 | Transitional Provisions etc. |
(This note is not part of the Order)
This Order is the fifth Commencement Order made by the Secretary of State under the Licensing Act 2003 ("the Act"). The Order brings into force those provisions of the Act specified in article 2(2) and listed in the Schedule to the Order, to the extent specified. Those provisions are concerned with enabling licensing authorities to make the necessary arrangements for the application for and conversion of existing licences and club certificates and the variation of new licences and certificates as provided for in Schedule 8 to the Act, during the transitional period, and for applicants to make such applications, from the first appointed day (SI 2004/1739 appointed 7th February 2005 as this day) within a period of six months.
Further, the provisions of the Act which provide for the application for premises licences, club premises certificates and provisional statements and their determination are brought into force with effect from the first appointed day to enable applications for new authorisations to be made in the transitional period.
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
| s.199 of and Sch.7 to the Act, so far as it relates to s.66 (Sunday closing in Wales and Monmouthshire) and s.67 (supplementary provisions for Welsh Sunday polls) of and Sch. 8 (polls in Wales and Monmouthshire) to the Licensing Act 1964 | 16.07.03 | 2003/1911 |
| s.155 and s.199 in so far as it relates to entries in Sch. 7 to the Act relating to the Confiscation of Alcohol (Young Persons) Act 1997 and section 12 of the Criminal Justice and Police Act 2001 | 10.09.03 | 2003/2100 |
| ss. 1, 3 to 5, 8, 9(2), 13(2)(f) and 4(i), 16(1)(i), 17(3)(b), (c), (4) and (5), 24,29(6), 30, 31(6)(a), 34(5), 37(3)(a), 47(2)(a), 51(3), 54, 55, 58(1)(c), 69(2)(f), and (4)(i), 71(4)(b), (5) and (6), 78, 84(4), 87(3), 91, 92, 95(1)(c), 100(4),(5)(f), (7)(b) and (8), 102(2), 107(7) and (12), 110(3), 113(2), 120(2)(b), 125(4), 133, 167(4), 173(1)(h), (3) and (5), 176(3), 178(1)(b) and (4)(d), 182, 183(1), 187(7), 191 to 194, 197, 198(2), 200 (partially), Schs. 1 to 3 and Sch. 8 (partially) | 16.12.03 | 2003/3222 |
| Paragraph 34 of Sch. 8 to the Act and s.200 in so far as it relates to it | 07.07.04 | 2004/1738 |
Notes:
[1] 2003 c. 17back
[2] S.I 2004/1739 makes provision for the "first appointed day"back
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