Licensing

Question 1

What is a licensable activity?

Answer 1

The sale of alcohol by retail,
the supply of alcohol by or on
behalf of a club to, or to the
order of a member of the
club, the provision of
regulated entertainment, and
the provision of late night
entertainment (Section 1 of
the Licensing Act 2003).

Question 2

Section 136: Unauthorised Licensable Activities

Answer 2

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 3

Section 140: Allowing Disorderly Conduct on Licensed Premises

Answer 3

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

Question 4

To whom does Subsection (2) apply?

Answer 4

Any person who works at the premises in a capacity, whether paid or unpaid, which authorises him to prevent the conduct. In the case of licensed premises, to—

(i) the holder of a premises licence in respect of the premises, and
(ii) the designated premises supervisor (if any) under such a licence.

This subsection is repeated in several of the Licensing Act 2003 offences, see offences below.

Question 5

Section 141: Sale of Alcohol to Person Who Is Drunk

Answer 5

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 6

Section 143: Failure to Leave Licensed Premises

Answer 6

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 7

Section 146: Sale of Alcohol to Children

Answer 7

(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 aged 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.