Change 1 Article Choose an article Title and introductory text 1 Licensable activities and qualifying club activities 2 Authorisation for licensable activities and qualifying club activities 3 Licensing authorities 4 General duties of licensing authorities 5 Statement of licensing policy 5A Cumulative impact assessments 6 Licensing committees 7 Exercise and delegation of functions 8 Requirement to keep a register 8A Greater London strategic licensing policy 9 Proceedings of licensing committee 10 Sub-delegation of functions by licensing committee etc. 11 Premises licence 12 The relevant licensing authority 13 Authorised persons... and responsible authorities 14 Meaning of “supply of alcohol” 15 Meaning of “designated premises supervisor” 16 Applicant for premises licence 17 Application for premises licence 17A Licence applications of potential strategic importance: Greater London 18 Determination of application for premises licence 19 Mandatory conditions where licence authorises supply of alcohol 19A Power of Secretary of State to impose section 19(4) mandatory conditions 20 Mandatory condition: exhibition of films 21 Mandatory condition: door supervision 22 Prohibited conditions: plays 23 Grant or rejection of application 24 Form of licence and summary 25 Theft, loss, etc. of premises licence or summary 25A Grant of premises licence: supply of alcohol from community premises 25B Power of the Mayor of London to determine applications 25C Directions by the Mayor of London 25D Issue of licence etc by licensing authority 26 Period of validity of premises licence 27 Death, incapacity, insolvency etc. of licence holder 28 Surrender of premises licence 29 Application for a provisional statement where premises being built, etc. 30 Advertisement of application for provisional statement 31 Determination of application for provisional statement 32 Restriction on representations following provisional statement 33 Notification of change of name or address 34 Application to vary premises licence 34A Applications to vary of potential strategic importance: Greater London 35 Determination of application under section 34 36 Supplementary provision about determinations under section 35 37 Application to vary licence to specify individual as premises supervisor 38 Circumstances in which section 37 application given interim effect 39 Determination of section 37 application 40 Duty of applicant following determination under section 39 41 Request to be removed as designated premises supervisor 41ZA Power of the Mayor of London to determine applications to vary 41ZB Directions by the Mayor of London 41ZC Intervening decision by a London licensing authority 41ZD Notification by the London licensing authority 41A Application for minor variation of premises licence 41B Determination of application under section 41A 41C Supplementary provision about determinations under section 41B 41D Variation of premises licence: supply of alcohol from community premises 42 Application for transfer of premises licence 43 Circumstances in which transfer application given interim effect 44 Determination of transfer application 45 Notification of determination under section 44 46 Duty to notify designated premises supervisor of transfer 47 Interim authority notice following death etc. of licence holder 48 Cancellation of interim authority notice following ... objections 49 Supplementary provision about interim authority notices 50 Reinstatement of licence on transfer following death etc. of holder 51 Application for review of premises licence 52 Determination of application for review 52A Review: supply of alcohol from community premises 53 Supplementary provision about review 53A Summary reviews on application of senior police officer 53B Interim steps pending review 53C Review of premises licence following review notice 53D Interim steps pending section 53C decision coming into effect 54 Form etc. of applications and notices under Part 3 55 Fees 55A Suspension of premises licence for failing to pay annual fee 56 Licensing authority’s duty to update licence document 57 Duty to keep and produce licenceetc. 58 Provision supplementary to section 57 59 Inspection of premises before grant of licence etc. 60 Club premises certificate 61 Qualifying clubs 62 The general conditions 63 Determining whether a club is established and conducted in good faith 64 The additional conditions for the supply of alcohol 65 Registered societies, friendly societies etc. 66 Miners' welfare institutes 67 Associate members and their guests 68 The relevant licensing authority 69 Authorised persons... and responsible authorities 70 Other definitions relating to clubs 71 Application for club premises certificate 72 Determination of application for club premises certificate 73 Certificate authorising supply of alcohol for consumption off the premises 73A Mandatory conditions relating to the supply of alcohol to members or guests 73B Power of Secretary of State to impose section 73A mandatory conditions 74 Mandatory condition: exhibition of films 75 Prohibited conditions: associate members and their guests 76 Prohibited conditions: plays 77 Grant or rejection of application for club premises certificate 78 Form of certificate and summary 79 Theft, loss, etc. of certificate or summary 80 Period of validity of club premises certificate 81 Surrender of club premises certificate 82 Notification of change of name or alteration of rules of club 83 Change of relevant registered address of club 84 Application to vary club premises certificate 85 Determination of application under section 84 86 Supplementary provision about applications under section 84 86A Application for minor variation of club premises certificate 86B Determination of application under section 86A 86C Supplementary provision about determinations under section 86B 87 Application for review of club premises certificate 88 Determination of application for review 89 Supplementary provision about review 90 Club ceasing to be a qualifying club 91 Form etc. of applications and notices under Part 4 92 Fees 92A Suspension of club premises certificate for failing to pay annual fee 93 Licensing authority’s duty to update club premises certificate 94 Duty to keep and produce certificateetc. 95 Provision supplementary to section 94 96 Inspection of premises before grant of certificate etc. 97 Other powers of entry and search 98 Meaning of “permitted temporary activity” 99 The relevant licensing authority 99A Meaning of “relevant person” 100 Temporary event notice 100A Standard and late temporary event notices 101 Minimum of 24 hours between event periods 102 Acknowledgement of notice 103 Withdrawal of notice 104 Objection to notice by a relevant person 104A Counter notice following objection to late notice 105 Counter notice following ... objection to standard temporary event notice 106 Modification of standard temporary event notice following ... objection 106A Conditions on standard temporary event notice following objection 107 Counter notice where permitted limits exceeded 108 Right of entry where temporary event notice given 109 Duty to keep and produce temporary event notice and statement of conditions 110 Theft, loss, etc. of temporary event notice or statement of conditions 111 Personal licence 112 The relevant licensing authority 113 Meaning of “relevant offence”, “immigration offence”, “foreign offence” and “immigration penalty” 114 Spent convictions 115 Period of validity of personal licence 116 Surrender of personal licence 117 Application for grant ... of personal licence 118 Individual permitted to hold only one personal licence 119 Licence continued pending renewal 120 Determination of application for grant 121 Determination of application for renewal 122 Notification of determinations 123 Duty to notify licensing authority of convictions etc during application period 124 Convictions coming to light after grant ... 125 Form of personal licence 126 Theft, loss, etc. of personal licence 127 Duty to notify change of name or address 128 Duty to notify court of personal licence 129 Forfeiture or suspension of licence on conviction for relevant offence 130 Powers of appellate court to suspend order under section 129 131 Court’s duty to notify licensing authority of convictions 132 Licence holder’s duty to notify licensing authority of convictions etc 132A Convictions etc of licence-holder: powers of licensing authority 133 Form etc. of applications and notices under Part 6 134 Licensing authority’s duty to update licence document 135 Licence holder’s duty to produce licence 136 Unauthorised licensable activities 137 Exposing alcohol for unauthorised sale 138 Keeping alcohol on premises for unauthorised sale etc. 139 Defence of due diligence 140 Allowing disorderly conduct on licensed premises etc. 141 Sale of alcohol to a person who is drunk 142 Obtaining alcohol for a person who is drunk 143 Failure to leave licensed premises etc. 144 Keeping of smuggled goods 145 Unaccompanied children prohibited from certain premises 146 Sale of alcohol to children 147 Allowing the sale of alcohol to children 147A Persistently selling alcohol to children 147B Order suspending a licence in respect of offence under section 147A 148 Sale of liqueur confectionery to children under 16 149 Purchase of alcohol by or on behalf of children 150 Consumption of alcohol by children 151 Delivering alcohol to children 152 Sending a child to obtain alcohol 153 Prohibition of unsupervised sales by children 154 Enforcement role for weights and measures authorities 155 Confiscation of sealed containers of alcohol 156 Prohibition on sale of alcohol on moving vehicles 157 Power to prohibit sale of alcohol on trains 158 False statements made for the purposes of this Act 159 Interpretation of Part 7 160 Orders to close premises in area experiencing disorder 161 Closure orders for identified premises 162 Extension of closure order 163 Cancellation of closure order 164 Application to magistrates' court by police 165 Consideration of closure order by magistrates' court 166 Appeal from decision of magistrates' court 167 Review of premises licence following closure order 168 Provision about decisions under section 167 169 Enforcement of closure order 169A Closure notices for persistently selling alcohol to children 169B Effect of closure notices 170 Exemption of police from liability for damages 171 Interpretation of Part 8 172 Relaxation of opening hours for special occasions 172A Power to make early morning alcohol restriction order 172B Procedural requirements for early morning alcohol restriction order 172C Making of early morning alcohol restriction order 172D Variation and revocation of early morning alcohol restriction order 172E Exceptions from effect of early morning alcohol restriction order 172F Authorisation of off-sales for limited period 172G Summary off-sales reviews 172H Interim steps pending off-sales review 172I Off-sales review of premises licence following review application 172J Interim steps pending section 172I decision coming into effect 172K Procedural requirements in relation to off-sales reviews and hearings 172L Sections 172F to 172K: supplementary 173 Activities in certain locations not licensable 174 Certifying of premises on grounds of national security 175 Exemption for incidental ... lottery 176 Prohibition of alcohol sales at service areas, garages etc. 177 Dancing ... in certain small premises 177A Licence review for live and recorded music 178 Right of freeholder etc. to be notified of licensing matters 179 Rights of entry to investigate licensable activities 180 Right of entry to investigate offences 181 Appeals against decisions of licensing authorities or the Mayor of London 182 Guidance 183 Hearings 184 Giving of notices, etc. 185 Provision of information 186 Proceedings for offences 187 Offences by bodies corporate etc. 188 Jurisdiction and procedure in respect of offences 189 Vessels, vehicles and moveable structures 190 Location of sales 191 Meaning of “alcohol” 192 Meaning of “sale by retail” 192A Entitlement to work in the United Kingdom 193 Other definitions 194 Index of defined expressions 195 Crown application 196 Removal of privileges and exemptions 197 Regulations and orders 198 Minor and consequential amendments 199 Repeals 200 Transitional provision etc. 201 Short title, commencement and extent SCHEDULE 1 Provision of regulated entertainment SCHEDULE 2 Provision of late night refreshment SCHEDULE 3 Matters to be entered in licensing register SCHEDULE 4 Personal licence: relevant offences SCHEDULE 5 Appeals SCHEDULE 6 Minor and consequential amendments SCHEDULE 7 Repeals SCHEDULE 8 Transitional provision etc.
What to do with it
As published
136 Unauthorised licensable activities
(1) A person commits an offence if—
(a) he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or
(b) he knowingly allows a licensable activity to be so carried on.
(2) Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of the entertainment is that he—
(a) performs in a play,
(b) participates as a sportsman in an indoor sporting event,
(c) boxes or wrestles in a boxing or wrestling entertainment,
(d) performs live music,
(e) plays recorded music,
(f) performs dance, or
(g) does something coming within paragraph 2(1)(h) of Schedule 1 (entertainment similar to music, dance, etc.).
(3) Subsection (2) is to be construed in accordance with Part 3 of Schedule 1.
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.
(5) In this Part “authorisation” means—
(a) a premises licence,
(b) a club premises certificate, or
(c) a temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied.
Your wording
Your change, as a redline
136 Unauthorised licensable activities
(1) A person commits an offence if—
(a) he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or
(b) he knowingly allows a licensable activity to be so carried on.
(2) Where the licensable activity in question is the provision of regulated entertainment, a person does not commit an offence under this section if his only involvement in the provision of the entertainment is that he—
(a) performs in a play,
(b) participates as a sportsman in an indoor sporting event,
(c) boxes or wrestles in a boxing or wrestling entertainment,
(d) performs live music,
(e) plays recorded music,
(f) performs dance, or
(g) does something coming within paragraph 2(1)(h) of Schedule 1 (entertainment similar to music, dance, etc.).
(3) Subsection (2) is to be construed in accordance with Part 3 of Schedule 1.
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.
(5) In this Part “authorisation” means—
(a) a premises licence,
(b) a club premises certificate, or
(c) a temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.