1-3 of 3 results for legtitle:"Licensing Act 2003"
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Attlee, Earl
Type
House
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Attlee, Earl (3)
Answering member
Legislative stage
Legislation
Subject
Publisher
Whether an applicant for a licence under the Licensing Act 2003 is legally required to place an advertisement in local newspapers; and whether the relevant local authorities have discretion to relax this requirement.
Whether an applicant for a licence under the Licensing Act 2003 is legally required to place an advertisement in local newspapers; and whether the relevant local authorities have discretion to relax this requirement.
Asked by
Earl Attlee
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
7 February 2006
Under Paragraph 25 of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005, the person making an application for a new premises licence, or an application to vary an existing premises licence, shall publish a notice in a local newspaper or, if there is none, in a local newsletter, circular or other similar document circulating in the vicinity of the premises. Licensing authorities have no discretion to relax this requirement.
Legislation
Licensing Act 2003
Subjects
Applications; Advertising; Licensed premises; Newspaper press; Licensing laws
Date
7 February 2006
Reference
678 c90WA; 3648
House
House of Lords
Whether excise warehouses that are registered with HM Revenue and Customs and mainly or exclusively hold and manage stocks for a third party are required to be licensed under the Licensing Act 2003, and, if so, in what circumstances.
Whether excise warehouses that are registered with HM Revenue and Customs and mainly or exclusively hold and manage stocks for a third party are required to be licensed under the Licensing Act 2003, and, if so, in what circumstances.
Asked by
Earl Attlee
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
2 February 2006
The holding and management of stocks of alcohol are not themselves licensable activities. Provided the alcohol is not sold to another party, there will be no need for a licence.Nor is a licence required for wholesale sales from premises owned or leased by the seller for consumption off the premises, where the sale is made:"to a trader for the purposes of his trade;""to a club, which holds a club premises certificate, for the purposes of that club;""to the holder of a personal licence for the purposes of making sales authorised by a premises licence;""to the holder of a premises licence for the purpose of making sales authorised by that licence; or""to the premises user in relation to a temporary event notice for the purpose of making sales authorised by that notice."The full range of activities carried out in any individual warehouse should be considered carefully, and legal advice sought if necessary, before any decision is made about the need for an authorisation under the Licensing Act 2003.
Legislation
Licensing Act 2003
Subjects
Alcoholic drinks; Customs; Licensing laws; Revenue and Customs; Warehouses
Date
2 February 2006
Reference
3615; 678 c70-1WA
House
House of Lords
What is the meaning, purpose and effect of Section 192(1)(b) of the Licensing Act 2003.
What is the meaning, purpose and effect of Section 192(1)(b) of the Licensing Act 2003.
Asked by
Earl Attlee
(Conservative)
Answered by
Lord Davies of Oldham
(Labour)
Type
Written questions
Status
Answered
Answered on
1 December 2005
Section 192(1)(b) of the Licensing Act 2003 forms part of a definition of what is a ““sale by retail”” in relation to alcohol and therefore, of which sales of alcohol are licensable activities for the purposes of the 2003 Act. In essence, the definition includes all sales of alcohol except wholesale sales. Subparagraph (b) of Section 192(1) describes the premises from which a wholesale sale is made. This is one element of the description of a wholesale sale: the others are in Section 192(1)(a) and (c) and (2). If all of these elements are satisfied in relation to a particular sale, the sale qualifies as a wholesale sale and as such is not a licensable activity.To meet the requirement in Section 192(1)(b) the premises in question must be owned by the person making the sale or occupied by him under a lease to which the provisions of Part 2 of the Landlord and Tenant Act 1954 apply. The 1954 Act broadly gives business tenants security of tenure: a statutory right to remain in their business premises when their lease ends and to seek a new tenancy. For example, some public houses are operated by individuals under tenancies of this kind. So in essence the requirement is that the sale be made from premises the seller either owns as a freeholder, or occupies as a business tenant. The other requirements referred to above must also of course be satisfied. Sales from premises occupied by the seller as a residential tenant or licensee could therefore never qualify as wholesale sales. They would always be licensable, unless some other exception in the 2003 Act applied.There are two essential purposes of Section 192 of the 2003 Act. The first is to change the position which existed prior to 24 November 2005 whereby sales of alcohol in wholesale quantities to ordinary members of the public did not give rise to a requirement for a justices’ licence under the terms of the Licensing Act 1964. Since 24 November sales by retail of alcohol to members of the public has been a licensable activity regardless of the quantity being sold. Secondly, the section provides that for the purposes of the 2003 Act, a sale by retail of alcohol made to any of those listed in subsection 192(2) from any premises described in subsection 192(1)(b) for the purpose of being consumed off those premises is not to be treated as a licensable activity. This is primarily to preserve the position under the old law whereby sales of alcohol within the trade are not to be regarded as licensable sales.
Legislation
Licensing Act 2003
Subjects
Alcoholic drinks; Licensing laws; Sales; Wholesale trade
Date
1 December 2005
Reference
2593; 676 c66WA
House
House of Lords