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192 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 | 5 |
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— | 10 |
(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 169 (relaxation of opening hours for special | |
occasions), | |
(c) an order under section 173(3) (order amending definition of “excluded | 15 |
premises” where alcohol sales are prohibited), | |
(d) an order under section 196 (commencement), or | |
(e) 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 | 20 |
Parliament. | |
(4) A statutory instrument containing an order within subsection (3)(b), (c) or (e) | |
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)(b) would, apart from this subsection, | 25 |
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. | |
193 Minor and consequential amendments | |
(1) Schedule 6 (which makes minor and consequential amendments) has effect. | 30 |
(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 | 35 |
Act 1978 (c. 30)) made, | |
before that provision comes into force. | |
194 Repeals | |
The enactments mentioned in Schedule 7 (which include provisions that are | |
spent) are repealed to the extent specified. | 40 |
195 Transitional provision etc. | |
Schedule 8 (which makes transitional and transitory provision and savings) | |
has effect. | |
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196 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. | 5 |
(4) Section 152(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. | |
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Schedules | |
Schedule 1 | |
Section 1 | |
Provision of regulated entertainment | |
Part 1 | |
General definitions | 5 |
The provision of regulated entertainment | |
1 (1) For the purposes of this Act the “provision of regulated entertainment” | |
means the provision of— | |
(a) entertainment of a description falling within paragraph 2, or | |
(b) entertainment facilities falling within paragraph 3, | 10 |
where the conditions in sub-paragraphs (2) and (3) are satisfied. | |
(2) The first condition is that the entertainment is, or entertainment facilities are, | |
provided— | |
(a) to any extent for members of the public or a section of the public, | |
(b) exclusively for members of a club which is a qualifying club in | 15 |
relation to the provision of regulated entertainment, or for members | |
of such a club and their guests, or | |
(c) in any case not falling within paragraph (a) or (b), for consideration | |
and with a view to profit. | |
(3) The second condition is that the premises on which the entertainment is, or | 20 |
entertainment facilities are, provided are made available for the purpose, or | |
for purposes which include the purpose, of enabling the entertainment | |
concerned (whether of a description falling within paragraph 2(1) or | |
paragraph 3(2)) to take place. | |
To the extent that the provision of entertainment facilities consists of making | 25 |
premises available, the premises are to be regarded for the purposes of this | |
sub-paragraph as premises “on which” entertainment facilities are | |
provided. | |
(4) For the purposes of sub-paragraph (2)(c), entertainment is, or entertainment | |
facilities are, only to be regarded as provided for consideration if any | 30 |
charge— | |
(a) is made by or on behalf of— | |
(i) any person concerned in the organisation or management of | |
that entertainment, or | |
(ii) any person concerned in the organisation or management of | 35 |
those facilities who is also concerned in the organisation or | |
management of the entertainment within paragraph 3(2) in | |
which those facilities enable persons to take part, and | |
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(b) is paid by or on behalf of some or all of the persons for whom that | |
entertainment is, or those facilities are, provided. | |
(5) In sub-paragraph (4), “charge” includes any charge for the provision of | |
goods or services. | |
(6) For the purposes of sub-paragraph (4)(a), where the entertainment consists | 5 |
of the performance of live music or the playing of recorded music, a person | |
performing or playing the music is not concerned in the organisation or | |
management of the entertainment by reason only that he does one or more | |
of the following— | |
(a) chooses the music to be performed or played, | 10 |
(b) determines the manner in which he performs or plays it, | |
(c) provides any facilities for the purposes of his performance or playing | |
of the music. | |
(7) This paragraph is subject to Part 2 of this Schedule (exemptions). | |
Entertainment | 15 |
2 (1) The descriptions of entertainment are— | |
(a) a performance of a play, | |
(b) an exhibition of a film, | |
(c) an indoor sporting event, | |
(d) a boxing or wrestling entertainment, | 20 |
(e) a performance of live music, | |
(f) any playing of recorded music, | |
(g) a performance of dance, | |
(h) entertainment of a similar description to that falling within | |
paragraph (e), (f) or (g), | 25 |
where the entertainment takes place in the presence of an audience and is | |
provided for the purpose, or for purposes which include the purpose, of | |
entertaining that audience. | |
(2) Any reference in sub-paragraph (1) to an audience includes a reference to | |
spectators. | 30 |
(3) This paragraph is subject to Part 3 of this Schedule (interpretation). | |
Entertainment facilities | |
3 (1) In this Schedule, “entertainment facilities” means facilities for enabling | |
persons to take part in entertainment of a description falling within sub- | |
paragraph (2) for the purpose, or for purposes which include the purpose, of | 35 |
being entertained. | |
(2) The descriptions of entertainment are— | |
(a) making music, | |
(b) dancing, | |
(c) entertainment of a similar description to that falling within | 40 |
paragraph (a) or (b). | |
(3) This paragraph is subject to Part 3 of this Schedule (interpretation). | |
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Power to amend Schedule | |
4 The Secretary of State may by order amend this Schedule for the purpose of | |
modifying— | |
(a) the descriptions of entertainment specified in paragraph 2, or | |
(b) the descriptions of entertainment specified in paragraph 3, | 5 |
and for this purpose “modify” includes adding, varying or removing any | |
description. | |
Part 2 | |
Exemptions | |
Film exhibitions for the purposes of advertisement, information, education, etc. | 10 |
5 The provision of entertainment consisting of the exhibition of a film is not to | |
be regarded as the provision of regulated entertainment for the purposes of | |
this Act if its sole or main purpose is to— | |
(a) demonstrate any product, | |
(b) advertise any goods or services, or | 15 |
(c) provide information, education or instruction. | |
Film exhibitions: museums and art galleries | |
6 The provision of entertainment consisting of the exhibition of a film is not to | |
be regarded as the provision of regulated entertainment for the purposes of | |
this Act if it consists of or forms part of an exhibit put on show for any | 20 |
purposes of a museum or art gallery. | |
Music incidental to certain other activities | |
7 The provision of entertainment consisting of the performance of live music | |
or the playing of recorded music is not to be regarded as the provision of | |
regulated entertainment for the purposes of this Act to the extent that it is | 25 |
incidental to some other activity which is not itself— | |
(a) a description of entertainment falling within paragraph 2, or | |
(b) the provision of entertainment facilities. | |
Use of television or radio receivers | |
8 The provision of any entertainment or entertainment facilities is not to be | 30 |
regarded as the provision of regulated entertainment for the purposes of this | |
Act to the extent that it consists of the simultaneous reception and playing | |
of a programme included in a programme service within the meaning of the | |
Broadcasting Act 1990 (c. 42). | |
Religious services, places of worship etc. | 35 |
9 The provision of any entertainment or entertainment facilities— | |
(a) for the purposes of, or for purposes incidental to, a religious meeting | |
or service, or | |
(b) at a place of public religious worship, | |
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is not to be regarded as the provision of regulated entertainment for the | |
purposes of this Act. | |
Garden fêtes, etc. | |
10 (1) The provision of any entertainment or entertainment facilities at a garden | |
fête, or at a function or event of a similar character, is not to be regarded as | 5 |
the provision of regulated entertainment for the purposes of this Act. | |
(2) But sub-paragraph (1) does not apply if the fête, function or event is | |
promoted with a view to applying the whole or part of its proceeds for | |
purposes of private gain. | |
(3) In sub-paragraph (2) “private gain”, in relation to the proceeds of a fête, | 10 |
function or event, is to be construed in accordance with section 22 of the | |
Lotteries and Amusements Act 1976 (c. 32). | |
Vehicles in motion | |
11 The provision of any entertainment or entertainment facilities— | |
(a) on premises consisting of or forming part of a vehicle, and | 15 |
(b) at a time when the vehicle is not permanently or temporarily parked, | |
is not to be regarded as the provision of regulated entertainment for the | |
purposes of this Act. | |
Part 3 | |
Interpretation | 20 |
General | |
12 This Part has effect for the purposes of this Schedule. | |
Plays | |
13 (1) A “performance of a play” means a performance of any dramatic piece, | |
whether involving improvisation or not,— | 25 |
(a) which is given wholly or in part by one or more persons actually | |
present and performing, and | |
(b) in which the whole or a major proportion of what is done by the | |
person or persons performing, whether by way of speech, singing or | |
action, involves the playing of a role. | 30 |
(2) In this paragraph, “performance” includes rehearsal (and “performing” is to | |
be construed accordingly). | |
Film exhibitions | |
14 An “exhibition of a film” means any exhibition of moving pictures. | |
Indoor sporting events | 35 |
15 (1) An “indoor sporting event” is a sporting event— | |
(a) which takes place wholly inside a building, and | |
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(b) at which the spectators present at the event are accommodated | |
wholly inside that building. | |
(2) In this paragraph— | |
“building” means any roofed structure (other than a structure with a | |
roof which may be opened or closed) and includes a vehicle, vessel | 5 |
or moveable structure, | |
“sporting event” means any contest, exhibition or display of any sport, | |
and | |
“sport” includes— | |
(a) any game in which physical skill is the predominant factor, | 10 |
and | |
(b) any form of physical recreation which is also engaged in for | |
purposes of competition or display. | |
Boxing or wrestling entertainments | |
16 A “boxing or wrestling entertainment” is any contest, exhibition or display | 15 |
of boxing or wrestling. | |
Music | |
17 “Music” includes vocal or instrumental music or any combination of the | |
two. | |
Schedule 2 | 20 |
Section 1 | |
Provision of late night refreshment | |
The provision of late night refreshment | |
1 (1) For the purposes of this Act, a person “provides late night refreshment” if— | |
(a) at any time between the hours of 11.00 p.m. and 5.00 a.m., he | |
supplies hot food or hot drink to members of the public, or a section | 25 |
of the public, on or from any premises, whether for consumption on | |
or off the premises, or | |
(b) at any time between those hours when members of the public, or a | |
section of the public, are admitted to any premises, he supplies, or | |
holds himself out as willing to supply, hot food or hot drink to any | 30 |
persons, or to persons of a particular description, on or from those | |
premises, whether for consumption on or off the premises, | |
unless the supply is an exempt supply by virtue of paragraph 3, 4 or 5. | |
(2) References in this Act to the “provision of late night refreshment” are to be | |
construed in accordance with sub-paragraph (1). | 35 |
(3) This paragraph is subject to the following provisions of this Schedule. | |
Hot food or hot drink | |
2 Food or drink supplied on or from any premises is “hot” for the purposes of | |
this Schedule if the food or drink, or any part of it,— | |
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