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Offences under the Licensing Act 2003
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Offences under the Licensing Act 2003
Carrying on a licensable activity without the required
authorisation (premises licence, club premises certificate or
temporary event notice) is an offence.
Carrying on a licensable activity in breach of a condition in an
authorisation is also an offence; conviction can lead to six months
imprisonment and/or a fine of £20,000 (S 136). Part 7 of the
Licensing Act 2003 outlines the offences contained in the Act.
What does the Licensing Act 2003 define as an offence?
Carrying on a licensable activity
without the required authorisation (premises licence, club premises
certificate or temporary event notice) is an offence.
Carrying on a licensable activity in breach of
a condition in an authorisation is also an offence; conviction can
lead to six months imprisonment and/or a fine of £20,000 (S
136).
Offences include:
- failing without reasonable excuse to notify the change of
name or address of a premises licence holder (S 33)
- failing to notify a designated
premises supervisor of a transfer of a premises licence (S
46)
- failing to display without reasonable excuse the summary of the
premises licence or produce a copy of it to an authorised officer
or constable (S 37)
- intentionally obstruct an authorised officer inspecting
premises in relation to a grant, variation, review of a licence or
a provisional statement (S 59)
- failing to notify a change in the name or alteration of the
rules of a club (S 82)
- failing to notify a change in the relevant registered address
of a club (S 83)
- failing to produce a club premises certificate to be updated (S
93)
- failing to display without reasonable excuse the summary of the
club premises certificate or produce a copy of it to an authorised
officer or constable (S 94)
- intentionally obstructing an
authorised officer from inspecting club premises in relation to an
application or a grant, variation or review of a club premises
certificate (S 96)
- intentionally obstructing an authorised officer from entering
premises where a temporary event notice is in force (S 108)
- failing to display without reasonable excuse a temporary event
notice or produce a copy of it to an authorised officer or
constable (S 37)
- failing to notify a change of name or address in relation to a
personal licence (S 127)
- failure to notify a court when charged with a relevant offence
that the defendant is a personal licence holder, or to produce the
licence to the court (S 128)
- failure of personal licence holder to notify licensing
authority of conviction for a relevant or foreign offence (S
132)
- failure to produce a personal
licence for inspection by an authorised officer or constable on
licensed premises (S 135)
- conducting licensable
activities without authorisation or in breach of an authorisation
(s 136)
- putting alcohol on display for
sale without a licence (S 137)
- leeping alcohol on a premises
for unauthorised sale (S 138)
- allowing disorderly conduct on
a licensed premises (S 140)
- selling alcohol to someone who
is drunk (S 141) or obtaining alcohol for someone who is drunk (S
142)
- failing to leave licensed
premises without reasonable excuse when drunk and disorderly and
when requested to do so by a constable, a licence holder or their
authorised agents (S 143)
- entering or attempting to enter licensed premises without
reasonable excuse if drunk and disorderly after a constable, a
licence holder or authorised agent has requested him not to enter
(S 143)
- keeping smuggled goods (S 144)
- allowing children under 16 years of age on the premises when
alcohol is being sold, without being accompanied by a person of
over 18 years old (S 145)
- allowing the sale of alcohol to children under the age of 18 (S
146)
- selling liqueur confectionary to children under 16 (S 147)
- buying or attempting to buy alcohol whilst under the age of 18
but note the exemption for trading standards officers and police
officers to conduct test purchases (S 149)
- buying or attempting to buy
alcohol for children under 18 unless the child is over 16,
accompanied by a person over 18, and beer, wine or cider has been
purchased with a table meal (S 149)
- consuming alcohol by children under 18 on licensed premises
unless the same exceptions as above apply (S 150)
- knowingly deliver alcohol to children under 18 (S 151)
- sending a child under 18 to obtain alcohol from off-licences
but note the exception for police and trading standards officers to
conduct test purchasing (S 152)
- knowingly allow a person under the age of 18 to sell alcohol
unless the sale has been specifically approved by the licence
holder or another responsible person (S 153).
Most offences are punishable by a fine of up
to level 1 or level 2 on the standard scale (£200 and £500)
respectively, although offences relating to disorder on licensed
premises or children can attract maximum penalties of up to level 5
(£5000).
Is it still illegal to sell alcohol to a person who is
drunk?
Yes. The Act includes an offence of selling alcohol, or
attempting to sell alcohol, to a person who is drunk, or knowingly
to allow alcohol to be sold to such a person.Yes. The Act
includes an offence of selling alcohol, or attempting to sell
alcohol, to a person who is drunk, or knowingly to allow alcohol to
be sold to such a person.
What offences constitute unauthorised licensable
activities?
It is an offence to carry on, or
attempt to carry on a licensable activity without or not in
accordance with the authorisation provided by a premises licence, a
club premises certificate or a temporary event notice. An example
of this type of offence would be selling alcohol without a premises
licence. It is also an offence to knowingly allow a licensable
activity to be carried on in these circumstances. Where the
licensable activity is the provision of regulated entertainment
(the definition of which is found in Schedule 1 to the Act) a
person who is involved in the performance only of that
entertainment but does no more will not be committing an offence.
There is a defence of due diligence (see below) to the offence of
carrying on unauthorised licensable activities, although this
defence cannot be used where someone knowingly allowed the
licensable activity to be carried on. The unauthorised licensable
activities provision is central to the enforcement of the licensing
regime introduced by the Act.
The sentence on conviction of this offence, is
a fine up to £20,000, or up to six months' imprisonment, or
both.
What is meant by 'exposing alcohol for unauthorised
sale?
It is an offence to expose alcohol for sale by retail on
premises without an authorisation or in such a way which does not
comply with the authorisation. The effect of the provision is that
an offence can be committed even where no sale or attempted sale is
made. An example of this offence would be where alcohol was
displayed in a shop as being for sale at a time when the premises
licence did not authorise sale, it would not be necessary for
anyone to actually buy the alcohol. There is a defence of due
diligence (see below) to this offence.
The sentence, on conviction of this offence is a fine up to
£20,000 or up to six months' imprisonment, or both. In addition,
the court may order that the alcohol and its containers be
forfeited and either destroyed, or dealt with in such manner as the
court considers appropriate.
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