Legislation - Licencing

Question 1

Section 136 The Licensing Act 2003: Unauthorised Licensable Activities

Answer 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.

Question 2

Section 140 The Licensing Act 2003: Allowing Disorderly Conduct on Licensed Premises

Answer 2

A person to whom subsection (2) applies commits an offence if he knowingly allows disorderly conduct on relevant premises.

Question 3

Section 141 The Licensing Act 2003: Sale of Alcohol to Person Who is Drunk

Answer 3

A person to whom subsection (2) applies commits an offence if, on relevant premises, he knowingly -

(a) sells or attempts to sell alcohol to a person who is drunk, or
(b) allows alcohol to be sold to such a person.

Question 4

Section 143 The Licensing Act 2003: Failure to leave a Licensed Premises

Answer 4

A person who is drunk or disorderly commits an offence if, without reasonable excuse -

(a) he fails to leave relevant premises when requested to do so by a constable or by a person to whom subsection (2) applies, or
(b) he enters or attempts to enter relevant premises after a constable or a person to whom subsection (2) applies has requested him not to enter.

Question 5

Section 146 The Licensing Act 2003: Sale of Alcohol to Children

Answer 5

(1) A person commits an offence if he sells alcohol to an individual aged under 18.
(2) A club commits an offence if alcohol is supplied by it or on its behalf -
(a) to, or to the order of, a member of the club who is aged under 18, or
(b) to the order of a member of the club, to an individual who is under 18.
(3) A person commits an offence if he supplies alcohol on behalf of a club -
(a) to, Or to the order of, a member of the club who is aged under 18, or
(b) to the order of a member of the club, to an individual who is aged under 18.