(c) subsection (2) does not apply.
(2) This subsection applies if—
(a) the alcohol consists of or includes alcohol not in a sealed container,
(b) any prize in the lottery is a money prize,
(c) a ticket or chance in the lottery is sold or issued, or the result of the
lottery is declared, other than at the premises where the entertainment
takes place and during the entertainment, or
(d) the opportunity to participate in a lottery or in gaming is the only or
main inducement to attend the entertainment.
(3) For the purposes of subsection (1)(b), the following are relevant expenses—
(a) the expenses of the entertainment, excluding expenses incurred in
connection with the lottery,
(b) the expenses incurred in printing tickets in the lottery,
(c) such reasonable and proper expenses as the promoters of the lottery
appropriate on account of any expenses they incur in buying prizes in
(4) In this section—
“exempt entertainment” has the same meaning as in section 3(1) of the
Lotteries and Amusements Act 1976 (c. 32);
“gaming” has the meaning given by section 52 of the Gaming Act 1968
“money” and “ticket” have the meaning given by section 23 of the
Lotteries and Amusements Act 1976; and
“private gain”, in relation to the proceeds of an entertainment, is to be
construed in accordance with section 22 of that Act.
Service areas and garages etc.
173 Prohibition of alcohol sales at service areas, garages etc.
(1) No premises licence, club premises certificate or temporary event notice has
effect to authorise the sale by retail or supply of alcohol on or from excluded
(2) In this section “excluded premises” means—
(a) premises situated on land acquired or appropriated by a special road
authority, and for the time being used, for the provision of facilities to
be used in connection with the use of a special road provided for the use
of traffic of class I (with or without other classes); or
(b) premises used primarily as a garage or which form part of premises
which are primarily so used.
(3) The Secretary of State may by order amend the definition of excluded premises
in subsection (2) so as to include or exclude premises of such description as
may be specified in the order.
(4) For the purposes of this section—
(a) “special road” and “special road authority” have the same meaning as
in the Highways Act 1980 (c. 66), except that “special road” includes a
trunk road to which (by virtue of paragraph 3 of Schedule 23 to that
Act) the provisions of that Act apply as if the road were a special road,
(b) “class I” means class I in Schedule 4 to the Highways Act 1980 (c. 66) as
varied from time to time by an order under section 17 of that Act, but if
that Schedule is amended by such an order so as to add to it a further
class of traffic, the order may adapt the reference in subsection (2)(a) to
traffic of class I so as to take account of the additional class, and
(c) premises are used as a garage if they are used for one or more of the
(i) the retailing of petrol,
(ii) the retailing of derv,
(iii) the sale of motor vehicles,
(iv) the maintenance of motor vehicles.
Rights of entry
174 Rights of entry to investigate licensable activities
(1) Where a constable or an authorised person has reason to believe that any
premises are being, or are about to be, used for a licensable activity, he may
enter the premises with a view to seeing whether the activity is being, or is to
be, carried on under and in accordance with an authorisation.
(2) An authorised person exercising the power conferred by this section must, if so
requested, produce evidence of his authority to exercise the power.
(3) A person exercising the power conferred by this section may, if necessary, use
(4) A person commits an offence if he intentionally obstructs an authorised person
exercising a power conferred by this section.
(5) A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(6) In this section—
(a) a premises licence,
(b) a club premises certificate, or
(c) a temporary event notice in respect of which the conditions of
section 96(2) to (4) are satisfied; and
“authorised person” means an authorised person within the meaning of
Part 3 or 4 or an authorised officer within the meaning of section 106(5).
(7) Nothing in this section applies in relation to premises in respect of which there
is a club premises certificate but no other authorisation.
175 Right of entry to investigate offences
(1) A constable may enter and search any premises in respect of which he has
reason to believe that an offence under this Act has been, is being or is about to
(2) A constable exercising a power conferred by this section may, if necessary, use
176 Appeals against decisions of licensing authorities
(1) Schedule 5 (which makes provision for appeals against decisions of licensing
authorities) has effect.
(2) On an appeal in accordance with that Schedule against a decision of a licensing
authority, a magistrates’ court may—
(a) dismiss the appeal,
(b) substitute for the decision appealed against any other decision which
could have been made by the licensing authority, or
(c) remit the case to the licensing authority to dispose of it in accordance
with the direction of the court,
and may make such order as to costs as it thinks fit.
Guidance, hearings etc.
(1) The Secretary of State must issue guidance (“the licensing guidance”) to
licensing authorities on the discharge of their functions under this Act.
(2) But the Secretary of State may not issue the licensing guidance unless a draft of
it has been laid before, and approved by resolution of, each House of
(3) The Secretary of State may, from time to time, revise the licensing guidance.
(4) A revised version of the licensing guidance does not come into force until the
Secretary of State lays it before Parliament.
(5) Where either House, before the end of the period of 40 days beginning with the
day on which a revised version of the licensing guidance is laid before it, by
resolution disapproves that version—
(a) the Secretary of State must, under subsection (3), make such further
revisions to the licensing guidance as appear to him to be required in
the circumstances, and
(b) before the end of the period of 40 days beginning with the date on
which the resolution is made, lay a further revised version of the
licensing guidance before Parliament.
(6) In reckoning any period of 40 days for the purposes of subsection (5), no
account is to be taken of any time during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses are adjourned for more than four days.
(7) The Secretary of State must arrange for any guidance issued or revised under
this section to be published in such manner as he considers appropriate.
(1) Regulations may prescribe the procedure to be followed in relation to a hearing
held by a licensing authority under this Act and, in particular, may—
(a) require a licensing authority to give notice of hearings to such persons
as may be prescribed;
(b) make provision for expedited procedures in urgent cases;
(c) make provision about the rules of evidence which are to apply to
(d) make provision about the legal representation at hearings of the parties
(e) prescribe the period within which an application, in relation to which a
hearing has been held, must be determined or any other step in the
procedure must be taken.
(2) But a licensing authority may not make any order as to the costs incurred by a
party in connection with a hearing under this Act.
179 Giving of notices, etc.
(1) This section has effect in relation to any document required or authorised by or
under this Act to be given to any person (“relevant document”).
(2) Where that person is a licensing authority, the relevant document must be
given by addressing it to the authority and leaving it at or sending it by post
(a) the principal office of the authority, or
(b) any other office of the authority specified by it as one at which it will
accept documents of the same description as that document.
(3) In any other case the relevant document may be given to the person in question
by delivering it to him, or by leaving it at his proper address, or by sending it
by post to him at that address.
(4) A relevant document may—
(a) in the case of a body corporate (other than a licensing authority), be
given to the secretary or clerk of that body;
(b) in the case of a partnership, be given to a partner or a person having the
control or management of the partnership business;
(c) in the case of an unincorporated association (other than a partnership),
be given to an officer of the association.
(5) For the purposes of this section and section 7 of the Interpretation Act 1978
(c. 30) (service of documents by post) in its application to this section, the
proper address of any person to whom a relevant document is to be given is his
last known address, except that—
(a) in the case of a body corporate or its secretary or clerk, it is the address
of the registered office of that body or its principal office in the United
(b) in the case of a partnership, a partner or a person having control or
management of the partnership business, it is that of the principal office
of the partnership in the United Kingdom, and
(c) in the case of an unincorporated association (other than a partnership)
or any officer of the association, it is that of its principal office in the
(6) But if a relevant document is given to a person in his capacity as the holder of
a premises licence, club premises certificate or personal licence, or as the
designated premises supervisor under a premises licence, his relevant
registered address is also to be treated, for the purposes of this section and
section 7 of the Interpretation Act 1978, as his proper address.
(7) In subsection (6) “relevant registered address”, in relation to such a person,
means the address given for that person in the record for the licence or
certificate (as the case may be) which is contained in the register kept under
section 8 by the licensing authority which granted the licence or certificate.
(8) The following provisions of the Local Government Act 1972 (c. 70) do not
apply in relation to the service of a relevant document—
(a) section 231 (service of notices on local authorities etc.),
(b) section 233 (service of notices by local authorities).
180 Provision of information
(1) This section applies to information which is held by or on behalf of a licensing
authority or a responsible authority (including information obtained by or on
behalf of the authority before the coming into force of this section).
(2) Information to which this section applies may be supplied—
(a) to a licensing authority, or
(b) to a responsible authority,
for the purposes of facilitating the exercise of the authority’s functions under
(3) Information obtained by virtue of this section must not be further disclosed
except to a licensing authority or responsible authority for the purposes
mentioned in subsection (2).
(4) In this section “responsible authority” means a responsible authority within
the meaning of Part 3 or 4.
General provisions about offences
181 Proceedings for offences
(1) In this section “offence” means an offence under this Act.
(2) Proceedings for an offence may be instituted—
(a) by a licensing authority,
(b) by the Director of Public Prosecutions, or
(c) in the case of an offence under section 143 or 144 (sale of alcohol to
children), by a local weights and measures authority (within the
meaning of section 69 of the Weights and Measures Act 1985 (c. 72)).
(3) In relation to any offence, section 127(1) of the Magistrates’ Courts Act 1980
(information to be laid within six months of offence) is to have effect as if for
the reference to six months there were substituted a reference to 12 months.
182 Offences by bodies corporate etc.
(1) If an offence committed by a body corporate is shown—
(a) to have been committed with the consent or connivance of an officer, or
(b) to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be
proceeded against and punished accordingly.
(2) If the affairs of a body corporate are managed by its members, subsection (1)
applies in relation to the acts and defaults of a member in connection with his
functions of management as if he were a director of the body.
(3) In subsection (1) “officer”, in relation to a body corporate, means—
(a) a director, member of the committee of management, chief executive,
manager, secretary or other similar officer of the body, or a person
purporting to act in any such capacity, and
(b) an individual who is a controller of the body.
(4) If an offence committed by a partnership is shown—
(a) to have been committed with the consent or connivance of a partner, or
(b) to be attributable to any neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be
proceeded against and punished accordingly.
(5) In subsection (4) “partner” includes a person purporting to act as a partner.
(6) If an offence committed by an unincorporated association (other than a
partnership) is shown—
(a) to have been committed with the consent or connivance of an officer of
the association or a member of its governing body, or
(b) to be attributable to any neglect on the part of such an officer or
that officer or member as well as the association is guilty of the offence and
liable to be proceeded against and punished accordingly.
(7) Regulations may provide for the application of any provision of this section,
with such modifications as the Secretary of State considers appropriate, to a
body corporate or unincorporated association formed or recognised under the
law of a territory outside the United Kingdom.
(8) In this section “offence” means an offence under this Act.
183 Jurisdiction and procedure in respect of offences
(1) A fine imposed on an unincorporated association on its conviction for an
offence is to be paid out of the funds of the association.
(2) Proceedings for an offence alleged to have been committed by an
unincorporated association must be brought in the name of the association
(and not in that of any of its members).
(3) Rules of court relating to the service of documents are to have effect as if the
association were a body corporate.
(4) In proceedings for an offence brought against an unincorporated association,
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the
Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as they do in relation to
a body corporate.
(5) Proceedings for an offence may be taken—
(a) against a body corporate or unincorporated association at any place at
which it has a place of business;
(b) against an individual at any place where he is for the time being.
(6) Subsection (5) does not affect any jurisdiction exercisable apart from this
(7) In this section “offence” means an offence under this Act.
Vessels, vehicles and moveable structures
184 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
(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 28 to 30 (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.
185 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
(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.
186 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,
(c) flavouring essences recognised by the Commissioners of Customs and
Excise as not being intended for consumption as or with dutiable