Police Reform and Social Responsibility Bill (HL Bill 77)

(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).

(2) In section 7 (exercise and delegation of functions), in subsection (2), after

5paragraph (a) (but before the final “or”) insert—

“(aa) the functions of making, and varying or revoking, an order

under section 172A (early morning alcohol restriction order),”.

(3) For sections 172A to 172E (early morning alcohol restriction order), as inserted

by section 55 of the Crime and Security Act 2010, substitute—

“172A 10 Power to make early morning alcohol restriction order

(1) If a licensing authority considers it appropriate for the promotion of the

licensing objectives, it may, subject as follows, make an order under this

section.

(2) An order under this section is an order providing that—

(a) 15premises licences and club premises certificates granted by the

authority, and temporary event notices given to the authority,

do not have effect to the extent that they authorise the sale of

alcohol during the period specified in the order, and

(b) club premises certificates granted by the authority do not have

20effect to the extent that they authorise the supply of alcohol by

or on behalf of a club to, or to the order of, a member of the club

during the period specified in the order.

(3) For the purposes of subsection (2)(a) and (b), the period that may be

specified in the order must—

(a) 25begin no earlier than midnight, and

(b) end no later than 6am.

(4) It is immaterial for the purposes of an order under this section whether

a premises licence or club premises certificate is granted, or a

temporary event notice is given, before or after the order is made.

(5) 30An order under this section may provide that it is to apply—

(a) in relation to the same period of every day on which the order

is to apply, or in relation to different periods of different days,

(b) every day or only on particular days (for example, particular

days of the week or year),

(c) 35in relation to the whole or part of a licensing authority’s area, or

(d) for a limited or unlimited period.

(6) An order under this section must specify—

(a) the days on which it is to apply and the period of those days,

(b) the area in relation to which it is to apply,

(c) 40if it is to apply for a limited period, that period, and

(d) the date from which it is to apply.

(7) An order under this section must—

(a) be in the prescribed form, and

(b) have the prescribed content.