Statutory Instruments
2005 No. 3048
LICENCES AND LICENSING
The Licensing Act 2003 (Consequential Amendments) Order 2005
Made
1st November 2005
Laid before Parliament
2nd November 2005
Coming into force
24th November 2005
It appears to the Secretary of State that it is appropriate to make the amendments set out in this Order.
Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 198(2) of the Licensing Act 2003( 1 ):
Citation and commencement
1. This Order may be cited as the Licensing Act 2003 (Consequential Amendments) Order 2005 and comes into force on 24th November 2005.
Criminal Justice and Police Act 2001
2. In the Table in section 1(1) of the Criminal Justice and Police Act 2001( 2 ) the entries relating to the Licensing Act 1964 are omitted and the following entries inserted in the appropriate place—
| “ Section 141 of the Licensing Act 2003 (c. 17) | Sale of alcohol to a person who is drunk ” ; |
| “ Section 146(1) and (3) of the Licensing Act 2003 (c. 17) | Sale of alcohol to children ” ; |
| “ Section 149 of the Licensing Act 2003 (c. 17) | Purchase of alcohol by or on behalf of children ” ; |
| “ Section 150 of the Licensing Act 2003 (c. 17) | Consumption of alcohol by children or allowing such consumption ” ; |
| “ Section 151 of the Licensing Act 2003 (c. 17) | Delivering alcohol to children or allowing such delivery ” . |
Revocations and amendments of subordinate legislation
3. —(1) The enactments specified in the left hand column of Part 1 of the Schedule are revoked to the extent specified in the right hand column.
(2) The enactments specified in Part 2 of the Schedule are amended as there set out.
James Purnell
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
1st November 2005
Article 3
SCHEDULE
PART 1 Regulations and Orders revoked
| Title and number | Extent of revocation |
|---|---|
| Licensing Act 1964 (Amendment) Regulations 1979( 3 ) | The whole Regulations |
| Deregulation (Employment in Bars) Order 1997( 4 ) | The whole Order |
| Deregulation (Licence Transfers) Order 1998( 5 ) | The whole Order |
| Deregulation (Millennium Licensing) Order 1999( 6 ) | The whole Order |
| Regulatory Reform (Special Occasions Licensing) Order 2001( 7 ) | The whole Order |
| Deregulation (Sunday Licensing) Order 2001( 8 ) | The whole Order |
| Regulatory Reform (Special Occasions Licensing) Order 2002( 9 ) | The whole Order |
| Regulatory Reform (Golden Jubilee Licensing) Order 2002( 10 ) | The whole Order |
| Deregulation (Restaurant Licensing Hours) Order 2002( 11 ) | The whole Order |
PART 2 Regulations and Orders amended
1. In Schedule 6 to the Visiting Forces and International Headquarters (Application of Law) Order 1999( 12 ) the entry relating to the Licensing Act 1964 is omitted and after the entry relating to the Food Safety Act 1990( 13 ) there is inserted—
| “ The Licensing Act 2003 (c. 17) | In section 173(1)(f) the reference to the armed forces of the Crown shall include a reference to members of a visiting force or military members of a headquarters ” . |
2. In the Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2001( 14 ) in regulation 2 the definition of “licensed premises” is omitted and for regulation 3(1)(d) there is substituted—
“ (d) the premises licence holder, the club premises certificate holder or the premises user, as appropriate, in relation to premises in that place which they consider may be affected by the designation and which are premises in respect of which–
(i) a premises licence granted under Part 3 of the Licensing Act 2003 (“the 2003 Act ”) has effect,
(ii) a club premises certificate granted under Part 4 of the 2003 Act has effect, or
(iii) a temporary event notice has been given so that the premises may be used for a permitted temporary activity by virtue of Part 5 of the 2003 Act. ” .
3. —(1) In Part 1 of the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002( 15 ) the entries relating to the Licensing Act 1964 are omitted and the following entries inserted after the entry relating to the Fireworks Act 2003 (c. 22) —
| “ Section 141 of the Licensing Act 2003 (c. 17) | Sale of alcohol to a person who is drunk |
| Section 146(1) and (3) of the Licensing Act 2003 (c. 17) | Sale of alcohol to children |
| Section 149(3) and (4) of the Licensing Act 2003 (c. 17) | Purchase of alcohol on behalf of children |
| Section 151 of the Licensing Act 2003 (c. 17) | Delivery of alcohol to children or allowing such delivery ” . |
(2) In Part II of the Schedule to that Order the entry relating to the Licensing Act 1964 is omitted and there is inserted at the end—
| “ Section 149(1) of the Licensing Act 2003 (c. 17) | Purchase of alcohol by children |
| Section 150 of the Licensing Act 2003 (c. 17) | Consumption of alcohol by children or allowing such consumption ” . |
2001 c. 16 ; amended by S.I. 2004/2540 and S.I.2005/1090 ; there are other amending instruments which are not relevant.
S.I. 2002/1837 , to which there are amendments not relevant to this Order.