Law

Licensing Act 2003

United Kingdom · statute

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In force since 2026-06-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 262 provisions

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262 provisions

164 Application to magistrates' court by police

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165 Consideration of closure order by magistrates' court

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166 Appeal from decision of magistrates' court

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167 Review of premises licence following closure order

(1) This section applies where— (a) a magistrates' court has made a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown Court has made a closure order on appeal under section 84 of that Act, in relation to premises in respect of which a premises licence has effect, and (b) the relevant licensing authority has accordingly received a notice under section 80(9) or 84(7) of that Act. (1A) This section also applies where a court has made an illegal working compliance order under Schedule 6 to the Immigration Act 2016 and the relevant licensing authority has accordingly received a notice under that Schedule. (2) The relevant licensing authority must review the premises licence. (3) The authority must reach a determination on the review no later than 28 days after the day on which it receives the notice mentioned in subsection (1)(b). (4) The Secretary of State must by regulations— (a) require the relevant licensing authority to give, to the holder of the premises licence and each responsible authority, notice of the review and of the order mentioned in subsection (1)(a); (b) require the authority to advertise the review and invite representations about it to be made to the authority by responsible authorities and other persons; (c) prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any other person; (d) require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period. (5) The relevant licensing authority must— (a) hold a hearing to consider the order mentioned in subsection (1)(a) and any relevant representations; (b) take such of the steps mentioned in subsection (6) (if any) as it considers appropriate for the promotion of the licensing objectives. (6) Those steps are— (a) to modify the conditions of the premises licence, (b) to exclude a licensable activity from the scope of the licence, (c) to remove the designated premises supervisor from the licence, (d) to suspend the licence for a period not exceeding three months, or (e) to revoke the licence; and for this purpose the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added. (7) Subsection (5)(b) is subject to sections 19 to 21 (requirement to include certain conditions in premises licences). (8) Where the authority takes a step within subsection (6)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months). (9) In this section “relevant representations” means representations which— (a) are relevant to one or more of the licensing objectives, and (b) meet the requirements of subsection (10). (10) The requirements are— (a) that the representations are made by the holder of the premises licence, a responsible authority or any other person within the period prescribed under subsection (4)(c), (b) that they have not been withdrawn, and (c) if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious. (11) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination. (12) Where a licensing authority determines a review under this section it must notify the determination and its reasons for making it to— (a) the holder of the licence, (b) any person who made relevant representations, and (c) the chief officer of police for the police area (or each police area) in which the premises are situated. (13) Section 168 makes provision about when the determination takes effect. (14) In this section “responsible authority” has the same meaning as in Part 3.

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168 Provision about decisions under section 167

(1) Subject to this section, a decision under section 167 does not have effect until the relevant time. (2) In this section “the relevant time”, in relation to any decision, means— (a) the end of the period given for appealing against the decision, or (b) if the decision is appealed against, the time the appeal is disposed of. (3) Subsections (4) and (5) apply where— (a) the relevant licensing authority decides on a review under section 167 to take one or more of the steps mentioned in subsection (6)(a) to (d) of that section, and (b) the premises to which the licence relates are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014. (4) The decision by the relevant licensing authority to take any of the steps mentioned in section 167(6)(a) to (d) takes effect when it is notified to the holder of the licence under section 167(12). This is subject to subsection (5) and paragraph 18(3) of Schedule 5 (power of magistrates' court to suspend decision pending appeal). (5) The relevant licensing authority may, on such terms as it thinks fit, suspend the operation of that decision (in whole or in part) until the relevant time. (6) Subsection (7) applies where— (a) the relevant licensing authority decides on a review under section 167 to revoke the premises licence, and (b) the premises to which the licence relates are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014. (7) The premises must remain closed (but the licence otherwise in force) until the relevant time. This is subject to paragraph 18(4) of Schedule 5 (power of magistrates' court to modify closure order pending appeal). (8) A person commits an offence if, without reasonable excuse, he allows premises to be open in contravention of subsection (7). (9) A person guilty of an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine, or to both.

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169 Enforcement of closure order

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169A Closure notices for persistently selling alcohol to children

(1) A relevant officer may give a notice under this section (a “closure notice”) applying to any premises if— (a) there is evidence that a person (“the offender”) has committed an offence under section 147A in relation to those premises; (b) the relevant officer considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted; and (c) the offender is still, at the time when the notice is given, the holder of a premises licence in respect of those premises, or one of the holders of such a licence. (2) A closure notice is a notice which— (a) proposes a prohibition, for the period specified in the notice, on sales of alcohol on the premises in question; and (b) offers the opportunity to discharge all criminal liability in respect of the alleged offence by the acceptance of the prohibition proposed by the notice. (3) A closure notice must— (a) be in the form prescribed by regulations made by the Secretary of State; (b) specify the premises to which it applies; (c) give such particulars of the circumstances believed to constitute the alleged offence (including the sales to which it relates) as are necessary to provide reasonable information about it; (d) specify the length of the period during which it is proposed that sales of alcohol should be prohibited on those premises; (e) specify when that period would begin if the prohibition is accepted; (f) explain what would be the effect of the proposed prohibition and the consequences under this Act (including the maximum penalties) of a sale of alcohol on the premises during the period for which it is in force; (g) explain the right of every person who, at the time of the alleged offence, held or was one of the holders of a premises licence in respect of those premises to be tried for that offence; and (h) explain how that right may be exercised and how (where it is not exercised) the proposed prohibition may be accepted. (4) The period specified for the purposes of subsection (3)(d) must be at least 48 hours but not more than 336 hours; and the time specified as the time from which that period would begin must be not less than 14 days after the date of the service of the closure notice in accordance with subsection (6). (5) The provision included in the notice by virtue of subsection (3)(h) must— (a) provide a means of identifying a police officer or trading standards officer to whom notice exercising the option to accept the prohibition may be given; (b) set out particulars of where and how that notice may be given to that police officer or trading standards officer; (c) require that notice to be given within 14 days after the date of the service of the closure notice; and (d) explain that the right to be tried for the alleged offence will be taken to have been exercised unless every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition. (6) Section 184 (giving of notices) does not apply to a closure notice; but such a notice must be served on the premises to which it applies. (7) A closure notice may be served on the premises to which it applies— (a) only by being handed by a constable or trading standards officer to a person on the premises who appears to the constable or trading standards officer to have control of or responsibility for the premises (whether on his own or with others); and (b) only at a time when it appears to that constable or trading standards officer that licensable activities are being carried on there. (8) A copy of every closure notice given under this section must be sent to the holder of the premises licence for the premises to which it applies at whatever address for that person is for the time being set out in the licence. (9) A closure notice must not be given more than 3 months after the time of the last of the sales to which the alleged offence relates. (10) No more that one closure notice may be given in respect of offences relating to the same sales; nor may such a notice be given in respect of an offence in respect of which a prosecution has already been brought. (11) In this section “relevant officer” means— (a) a police officer of the rank of superintendent or above; or (b) an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.

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169B Effect of closure notices

(1) This section applies where a closure notice is given under section 169A in respect of an alleged offence under section 147A. (2) No proceedings may be brought for the alleged offence or any related offence at any time before the time when the prohibition proposed by the notice would take effect. (3) If before that time every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition in the manner specified in the notice— (a) that prohibition takes effect at the time so specified in relation to the premises in question; and (b) no proceedings may subsequently be brought against any such person for the alleged offence or any related offence. (4) If the prohibition contained in a closure notice takes effect in accordance with subsection (3)(a) in relation to any premises, so much of the premises licence for those premises as authorises the sale by retail of alcohol on those premises is suspended for the period specified in the closure notice. (5) In this section “related offence”, in relation to the alleged offence, means an offence under section 146 or 147 in respect of any of the sales to which the alleged offence relates. (6) The operation of this section is not affected by any contravention of section 169A(8).

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170 Exemption of police from liability for damages

(1) Neither a constable nor a trading standards officer is liable for relevant damages in respect of any act or omission of his in the performance or purported performance ... of his functions in relation to a closure notice. (2) Neither a chief officer of police nor a local weights and measures authority is liable for relevant damages in respect of any act or omission of a person in the performance or purported performance, while under the direction or control of such a chief officer or local weights and measures authority— (a) of a function of that person in relation to a closure order, or any extension of it; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) But neither subsection (1) nor (2) applies— (a) if the act or omission is shown to have been in bad faith, or (b) so as to prevent an award of damages in respect of an act or omission on the grounds that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42) (incompatibility of act or omission with Convention rights). (4) This section does not affect any other exemption from liability for damages (whether at common law or otherwise). (4A) In this section references to a constable include references to a person exercising the powers of a constable by virtue of a designation under section 38 of the Police Reform Act 2002 (community support officers etc.); and, in relation to such a person exercising such powers by virtue of such a designation by the Commissioner of Police of the City of London, the first reference in subsection (2) to a chief officer of police has effect as a reference to the Common Council of the City of London. (5) In this section, “relevant damages” means damages awarded in proceedings for judicial review, the tort of negligence or misfeasance in public office.

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171 Interpretation of Part 8

(1) This section has effect for the purposes of this Part. (2) Premises are open if a person who is not within subsection (4) enters the premises and— (a) he buys or is otherwise supplied with food, drink or anything usually sold on the premises, or (b) while he is on the premises, they are used for the provision of regulated entertainment. (3) But in determining whether ... premises are open the following are to be disregarded— (a) where no premises licence has effect in respect of the premises, any use of the premises for activities (other than licensable activities) which do not take place during an event period specified in a temporary event notice having effect in respect of the premises, (b) any use of the premises for a qualifying club activity under and in accordance with a club premises certificate, and (c) any supply exempted under paragraph 3 of Schedule 2 (certain supplies of hot food and drink by clubs, hotels etc. not a licensable activity) in circumstances where a person will neither be admitted to the premises, nor be supplied as mentioned in sub-paragraph (1)(b) of that paragraph, except by virtue of being a member of a recognised club or a guest of such a member. (4) A person is within this subsection if he is— (a) an appropriate person in relation to the premises, (b) a person who usually lives at the premises, or (c) a member of the family of a person within paragraph (a) or (b). (5) The following expressions have the meanings given— “appropriate person”, in relation to any ... premises, means— any person who holds a premises licence in respect of the premises, any designated premises supervisor under such a licence, the premises user in relation to any temporary event notice which has effect in respect of the premises, or a manager of the premises; “closure notice” has the meaning given in section 169A; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “local weights and measures authority” has the meaning given by section 69 of the Weights and Measures Act 1985; “manager”, in relation to any premises, means a person who works at the premises in a capacity, whether paid or unpaid, which authorises him to close them; “relevant licensing authority”, in relation to any licensed premises, has the same meaning as in Part 3; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “trading standards officer”, in relation to any premises to which a premises licence relates, means a person authorised by a local weights and measures authority to act in the area where those premises are situated in relation to proposed prohibitions contained in closure notices; (6) A temporary event notice has effect from the time it is given in accordance with Part 5 until— (a) the time it is withdrawn, (b) the time a counter notice is given under that Part, or (c) the expiry of the event period specified in the temporary event notice, whichever first occurs.

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172 Relaxation of opening hours for special occasions

(1) Where the Secretary of State considers that a period (“the celebration period”) marks an occasion of exceptional international, national, or local significance, he may make a licensing hours order. (2) A licensing hours order is an order which provides that during the specified relaxation period premises licences and club premises certificates have effect (to the extent that it is not already the case) as if specified times were included in the opening hours. (3) An order under this section may— (a) make provision generally or only in relation to premises in one or more specified areas; (b) make different provision in respect of different days during the specified relaxation period; (c) make different provision in respect of different licensable activities. (4) Before making an order under this section, the Secretary of State must consult such persons as he considers appropriate. (5) In this section— “opening hours” means— in relation to a premises licence, the times during which the premises may be used for licensable activities in accordance with the licence, and in relation to a club premises certificate, the times during which the premises may be used for qualifying club activities in accordance with the certificate; “relaxation period” means— if the celebration period does not exceed four days, that period, or any part of that period not exceeding four days; and “specified”, in relation to a licensing hours order, means specified in the order.

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172A 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) premises 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 effect 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) begin 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) An 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) in 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) if 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.

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172B Procedural requirements for early morning alcohol restriction order

(1) A licensing authority proposing to make an order under section 172A must— (a) advertise the proposed order in the prescribed manner, and (b) hold a hearing to consider any relevant representations, unless the authority and each person who has made such representations agree that a hearing is unnecessary. (2) In this section “relevant representations” means representations which— (a) are about the likely effect of the making of the proposed order on the promotion of the licensing objectives, (b) are made to the licensing authority by an affected person, a responsible authority or any other person, (c) are made in the prescribed form and manner and within the prescribed period, (d) have not been withdrawn, and (e) in the case of representations made by a person who is not a responsible authority, are not, in the opinion of the licensing authority, frivolous or vexatious. (3) In subsection (2)(b), “affected person” means— (a) the holder of the premises licence or club premises certificate in respect of affected premises, (b) the premises user in relation to a temporary event notice in respect of affected premises, (c) a person who has applied for a premises licence or club premises certificate in respect of affected premises (where the application has not been determined), and (d) a person to whom a provisional statement has been issued in respect of affected premises. (4) In subsection (2)(b) and (e), “responsible authority” means— (a) the licensing authority and any other licensing authority in whose area part of any affected premises is situated, (b) the chief officer of police for a police area any part of which is in the area specified in the order, (c) the fire and rescue authority for an area any part of which is in the area specified in the order, (d) the ... Local Health Board for an area any part of which is in the area specified in the order, (da) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the area specified in the order, (e) the local weights and measures authority for any such area, (f) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any such area, (g) the local planning authority within the meaning given by the Town and Country Planning Act 1990 for any such area, (h) the local authority by which statutory functions are exercisable in the area specified in the order in relation to minimising or preventing the risk of pollution of the environment or of harm to human health, (i) a body which— (i) represents those who, in relation to the area specified in the order, are responsible for, or interested in, matters relating to the protection of children from harm, and (ii) is recognised by the licensing authority for the purposes of this section as being competent to advise on such matters, (j) where affected premises are a vessel— (i) a navigation authority (within the meaning given by section 221(1) of the Water Resources Act 1991) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is navigated at a time when it is used for licensable activities to which the proposed order relates, (ii) the Environment Agency, (iii) Canal & River Trust, and (iv) the Secretary of State, and (k) a prescribed person. (5) Where a licensing authority determines for the purposes of subsection (2)(e) that any representations are frivolous or vexatious, it must notify the person who made them of its reasons for its determination. (6) In this section— “affected premises”, in relation to a proposed order, means premises in respect of which it applies from the date specified in it; “statutory function” means a function conferred by or under an enactment.

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172C Making of early morning alcohol restriction order

(1) A licensing authority may not make an order under section 172A applying in relation to— (a) an area not specified in the proposed order advertised under section 172B, (b) a day not specified in that proposed order, or (c) a period other than the period specified in that proposed order of any day so specified. (2) After making an order under section 172A a licensing authority must publish it or otherwise make it available— (a) in the prescribed form and manner, and (b) within the prescribed period.

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172D Variation and revocation of early morning alcohol restriction order

(1) A licensing authority may vary or revoke an order under section 172A. (2) Sections 172B and 172C apply in relation to the variation or revocation of an order under section 172A as in relation to the making of such an order.

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172E Exceptions from effect of early morning alcohol restriction order

(1) An order under section 172A does not apply in prescribed cases or circumstances. (2) The cases referred to in subsection (1) may in particular be defined by reference to— (a) particular kinds of premises, or (b) particular days. (3) An order under section 172A is subject to an order under section 172 (whether made before or afterwards), unless and to the extent that the order under section 172 provides otherwise.

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172F Authorisation of off-sales for limited period

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172G Summary off-sales reviews

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172H Interim steps pending off-sales review

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172I Off-sales review of premises licence following review application

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172J Interim steps pending section 172I decision coming into effect

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172K Procedural requirements in relation to off-sales reviews and hearings

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172L Sections 172F to 172K: supplementary

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173 Activities in certain locations not licensable

(1) An activity is not a licensable activity if it is carried on— (a) aboard an aircraft, hovercraft or railway vehicle engaged on a journey, (b) aboard a vessel engaged on an international journey, (c) at an approved wharf at a designated port or hoverport, (d) at an examination station at a designated airport, (e) at a royal palace, (f) at premises which, at the time when the activity is carried on, are permanently or temporarily occupied for the purposes of the armed forces of the Crown, (g) at premises in respect of which a certificate issued under section 174 (exemption for national security) has effect, or (h) at such other place as may be prescribed. (2) For the purposes of subsection (1) the period during which an aircraft, hovercraft, railway vehicle or vessel is engaged on a journey includes— (a) any period ending with its departure when preparations are being made for the journey, and (b) any period after its arrival at its destination when it continues to be occupied by those (or any of those) who made the journey (or any part of it). (3) The Secretary of State may by order designate a port, hoverport or airport for the purposes of subsection (1), if it appears to him to be one at which there is a substantial amount of international passenger traffic. (4) Any port, airport or hoverport where section 86A or 87 of the Licensing Act 1964 (c. 26) is in operation immediately before the commencement of this section is, on and after that commencement, to be treated for the purposes of subsection (1) as if it were designated. (5) But provision may by order be made for subsection (4) to cease to have effect in relation to any port, airport or hoverport. (6) For the purposes of this section— “approved wharf” has the meaning given by section 20A of the Customs and Excise Management Act 1979 (c. 2); “designated” means designated by an order under subsection (3); “examination station” has the meaning given by section 22A of that Act; “international journey” means— a journey from a place in the United Kingdom to an immediate destination outside the United Kingdom, or a journey from a place outside the United Kingdom to an immediate destination in the United Kingdom; and “railway vehicle” has the meaning given by section 83 of the Railways Act 1993 (c. 43).

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174 Certifying of premises on grounds of national security

(1) A Minister of the Crown may issue a certificate under this section in respect of any premises, if he considers that it is appropriate to do so for the purposes of safeguarding national security. (2) A certificate under this section may identify the premises in question by means of a general description. (3) A document purporting to be a certificate under this section is to be received in evidence and treated as being a certificate under this section unless the contrary is proved. (4) A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate given by a Minister of the Crown under this section is evidence of that certificate. (5) A Minister of the Crown may cancel a certificate issued by him, or any other Minister of the Crown, under this section. (6) The powers conferred by this section on a Minister of the Crown may be exercised only by a Minister who is a member of the Cabinet or by the Attorney General. (7) In this section “Minister of the Crown” has the meaning given by the Ministers of the Crown Act 1975 (c. 26).

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175 Exemption for incidental ... lottery

(1) The promotion of a lottery to which this section applies shall not constitute a licensable activity by reason only of one or more of the prizes in the lottery consisting of or including alcohol, provided that the alcohol is in a sealed container. (2) This section applies to an incidental ... lottery (within the meaning of Part 1 of Schedule 11 to the Gambling Act 2005).

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176 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 premises. (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 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 following— (i) the retailing of petrol, (ii) the retailing of derv, (iii) the sale of motor vehicles, (iv) the maintenance of motor vehicles.

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177 Dancing ... in certain small premises

(1) Subsection (2) applies where— (a) a premises licence authorises— (i) the supply of alcohol for consumption on the premises, and (ii) dancing, and (b) the premises— (i) are used primarily for the supply of alcohol for consumption on the premises, and (ii) have a permitted capacity of not more than 200 persons. (2) At any time when— (a) the premises— (i) are open for the purposes of being used for the supply of alcohol for consumption on the premises, and (ii) are being used for dancing, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any licensing authority imposed condition of the premises licence which relates to dancing does not have effect ... unless it falls within subsection (5) or (6). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A condition falls within this subsection if the premises licence specifies that the licensing authority which granted the licence considers the imposition of the condition appropriate on one or both of the following grounds— (a) the prevention of crime and disorder, (b) public safety. (6) A condition falls within this subsection if, on a review of the premises licence— (a) it is altered so as to include a statement that this section does not apply to it, or (b) it is added to the licence and includes such a statement. (7) This section applies in relation to a club premises certificate as it applies in relation to a premises licence except that, in the application of this section in relation to such a certificate, the definition of “licensing authority imposed condition” in subsection (8) has effect as if for “section 18(3)(b)” to the end there were substituted “section 72(3)(b) (but is not referred to in section 72(2)) or which is imposed by virtue of section 85(3)(b) or 88(3)”. (8) In this section— “licensing authority imposed condition” means a condition which is imposed by virtue of section 18(3)(b) (but is not referred to in section 18(2)(a)) or which is imposed by virtue of 35(3)(b), 52(3) or 167(5)(b) or in accordance with section 21; “dancing” means— entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1) ... (g) of Schedule 1, ... ... “permitted capacity”, in relation to any premises, means— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the limit on the number of persons who may be on the premises at any one time in accordance with a recommendation made by, or on behalf of, the fire and rescue authority for the area in which the premises are situated (or, if the premises are situated in the area of more than one fire and rescue authority, those authorities); and “supply of alcohol” means— the sale by retail of alcohol, or the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

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177A Licence review for live and recorded music

(1) Subsection (2) applies where— (a) music takes place on premises which are authorised by a premises licence or club premises certificate to be used for the supply of alcohol for consumption on the premises, (b) at the time of the music, the premises are open for the purposes of being used for the supply of alcohol for consumption on the premises, (c) if the music is amplified, it takes place in the presence of an audience of no more than 500 persons, and (d) the music takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect in relation to music, during any times specified under that order). (2) Any condition of the premises licence or club premises certificate which relates to live music, recorded music or both does not have effect in relation to the music unless it falls within subsection (3) or is added to the licence in accordance with subsection (4). (3) A condition falls within this subsection if, on a review of the premises licence or club premises certificate it is altered so as to include a statement that this section does not apply to it. (4) On a review of a premises licence or club premises certificate a licensing authority may (without prejudice to any other steps available to it under this Act) add a condition relating to ... music as if— (a) the ... music were regulated entertainment, and (b) the licence or certificate licensed the ... music. (4A) This section does not apply to music which, by virtue of a provision other than paragraph 12A or 12C of Schedule 1, is not regarded as the provision of regulated entertainment for the purposes of this Act. (5) In this section— “condition” means a condition— included in a premises licence by virtue of section 18(2)(a) or (3)(b), 35(3)(b), 52(3) or 167(5)(b), included in a club premises certificate by virtue of section 72(2)(a) or (3)(b), 85(3)(b) or 88(3), added to a premises licence by virtue of its inclusion in an application to vary the licence in accordance with section 34 or 41A which is granted under section 35(2) or 41B(3) (as the case may be), or added to a club premises certificate by virtue of its inclusion in an application to vary the certificate in accordance with section 84 or 86A which is granted under section 85(2) or 86B(3) (as the case may be); “live music” means entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) of Schedule 1; “music” means live music or recorded music or both; “recorded music” means entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(f) of Schedule 1; and “supply of alcohol” means— the sale by retail of alcohol, or the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.

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178 Right of freeholder etc. to be notified of licensing matters

(1) This section applies where— (a) a person with a property interest in any premises situated in the area of a licensing authority gives notice of his interest to that authority, and (b) the notice is in the prescribed form and accompanied by the prescribed fee. (2) The notice has effect for a period of 12 months beginning with the day it is received by the licensing authority. (3) If a change relating to the premises to which the notice relates is made to the register at a time when the notice has effect, the licensing authority must forthwith notify the person who gave the notice— (a) of the application, notice or other matter to which the change relates, and (b) of his right under section 8 to request a copy of the information contained in any entry in the register. (4) For the purposes of this section a person has a property interest in premises if— (a) he has a legal interest in the premises as freeholder or leaseholder, (b) he is a legal mortgagee (within the meaning of the Law of Property Act 1925 (c. 20)) in respect of the premises, (c) he is in occupation of the premises, or (d) he has a prescribed interest in the premises. (5) In this section— (a) a reference to premises situated in the area of a licensing authority includes a reference to premises partly so situated, and (b) “register” means the register kept under section 8 by the licensing authority mentioned in subsection (1)(a).

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179 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. (1A) Where an immigration officer has reason to believe that any premises are being used for a licensable activity within section 1(1)(a) or (d), the officer may enter the premises with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the activity. (2) An authorised person or an immigration officer exercising a power conferred by this section must, if so requested, produce evidence of his authority to exercise the power. (3) A person exercising a power conferred by this section may, if necessary, use reasonable force. (4) A person commits an offence if he intentionally obstructs an authorised person or an immigration officer 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— “authorisation” means— a premises licence, a club premises certificate, or a temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied; ... “authorised person” means an authorised person within the meaning of Part 3 or 4 or an authorised officer within the meaning of section 108(5). “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971. (7) Nothing in this section applies in relation to premises in respect of which there is a club premises certificate but no other authorisation.

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180 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 be committed. (2) A constable exercising a power conferred by this section may, if necessary, use reasonable force.

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181 Appeals against decisions of licensing authorities or the Mayor of London

(1) Schedule 5 (which makes provision for appeals against decisions of licensing authorities or the Mayor of London) has effect. (2) On an appeal in accordance with that Schedule against a decision of a licensing authority or the Mayor of London, 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 (as the case may be) the Mayor, or (c) remit the case to the licensing authority or (as the case may be) the Mayor to dispose of it in accordance with the direction of the court, and may make such order as to costs as it thinks fit.

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182 Guidance

(1) The Secretary of State must issue guidance (“the licensing guidance”) to licensing authorities on the discharge of their functions under this Act. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Secretary of State may, from time to time, revise the licensing guidance. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.

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183 Hearings

(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 hearings; (d) make provision about the legal representation at hearings of the parties to it; (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.

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184 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 to— (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 Kingdom, (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 United Kingdom. (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 (c. 30), 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).

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185 Provision of information

(1) This section applies to (a) 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) , and (b) information which is held by or on behalf of the Mayor of London in connection with the Mayor’s functions under this Act. (2) Information to which this section applies may be supplied— (a) to a licensing authority,... (b) to a responsible authority, or (c) to the Mayor of London, for the purposes of facilitating the exercise of the authority’s functions or the Mayor’s functions under this Act. (3) Information obtained by virtue of this section must not be further disclosed except to a licensing authority , responsible authority or the Mayor of London 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.

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186 Proceedings for offences

(1) In this section “offence” means an offence under this Act. (2) Proceedings for an offence may be instituted— (a) except in the case of an offence under section 147A,by a licensing authority, (b) by the Director of Public Prosecutions, or (c) in the case of an offence under section 146 , 147 or 147A(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.

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187 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, or (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 member, 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.

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188 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 section. (7) In this section “offence” means an offence under this Act.

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