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Session 2002 - 03
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Other Bills before Parliament

Licensing Bill [HL]

Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary



                      “working day” means any day other than a Saturday, a Sunday,

Christmas Day, Good Friday or a day which is a bank holiday under the

Banking and Financial Dealings Act 1971 (c. 80) in England and Wales.

 189   Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the


provisions indicated—



Interpretation provision



section 186


associate member

section 66(2)


authorised person, in Part 3

section 13




authorised person, in Part 4

section 68



section 188



section 188


club premises certificate

section 59


conviction (in Part 6)

section 112




crime prevention objective

section 188


designated premises supervisor

section 15


foreign offence

section 111


given, in relation to a notice, etc.

section 179



section 66




interested party, in Part 3

section 13


interested party, in Part 4

section 68


interim authority notice

section 46


late night refreshment

Schedule 2


licensable activity

section 1(1)




licensed premises

section 188


licensing authority

section 3(1)


licensing authority’s area

section 3(2)


licensing functions

sections 4(1) and 188


licensing objectives

section 4(2)





section 188



Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary




Interpretation provision


permitted temporary activity

section 96


personal licence

section 109(1)



section 188


premises licence

section 11




premises user, in relation to a temporary event

section 98(2)





section 188


provisional statement

section 28(3)


qualifying club

section 60




qualifying club activity

section 1(2)


recognised club

section 188


regulated entertainment

Schedule 1



section 188


relevant licensing authority, in Part 3

section 12




relevant licensing authority, in Part 4

section 67


relevant licensing authority, in Part 5

section 97


relevant licensing authority, in Part 6

section 110


relevant offence, in Part 6

section 111


responsible authority, in Part 3

section 13




responsible authority, in Part 4

section 68


sale by retail, in relation to alcohol

section 187


secretary, in Part 4

section 69


supply of alcohol, in Part 3

section 14


supply of alcohol to members or guests, in

section 69




relation to a club, in Part 4


temporary event notice

section 98(1)



section 188



section 188



section 188




working day

section 188



Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary



Supplementary and general

 190   Crown application

     (1)    This Act binds the Crown and has effect in relation to land in which there is—

           (a)           an interest belonging to Her Majesty in right of the Crown,

           (b)           an interest belonging to a government department, or


           (c)           an interest held in trust for Her Majesty for the purposes of such a


     (2)    This Act also applies to—

           (a)           land which is vested in, but not occupied by, Her Majesty in right of the

Duchy of Lancaster, and


           (b)           land which is vested in, but not occupied by, the possessor for the time

being of the Duchy of Cornwall.

     (3)    No contravention by the Crown of any provision made by or under this Act

makes the Crown criminally liable; but the High Court may declare unlawful

any act or omission of the Crown which constitutes such a contravention.


     (4)    Provision made by or under this Act applies to persons in the public service of

the Crown as it applies to other persons.

     (5)    But nothing in this Act affects Her Majesty in Her private capacity.

 191   Removal of privileges and exemptions

No privilege or exemption mentioned in section 199(a) or (b) of the Licensing


Act 1964 (c. 26) (University of Cambridge and the Vintners of the City of

London) operates to exempt any person from the requirements of this Act.

 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

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—

           (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



           (c)           an order under section 173(3) (order amending definition of “excluded

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),



Licensing Bill [HL]
Part 9 — Miscellaneous and supplementary



            is subject to annulment in pursuance of a resolution of either House of


     (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,

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.

     (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

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.

 195   Transitional provision etc.

Schedule 8 (which makes transitional and transitory provision and savings)

has effect.

 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.

     (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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