The Licensing Act 2003 (Her Majesty The Queen's Birthday Licensing Hours) Order 2016 No. 591


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Statutory Instruments

2016 No. 591

Licences And Licensing

The Licensing Act 2003 (Her Majesty The Queen's Birthday Licensing Hours) Order 2016

Made

17th May 2016

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by sections 172(1) and 197(2) of the Licensing Act 2003(1), makes the following Order.

The Secretary of State considers that the celebration period in relation to which this Order is made marks an occasion of exceptional national significance.

The Secretary of State has consulted in accordance with section 172(4) of the Licensing Act 2003.

In accordance with section 197(4) of the Licensing Act 2003, a draft of this instrument has been laid before Parliament, and approved by a resolution of each House of Parliament.

Citation, commencement and interpretation

1.  This Order may be cited as the Licensing Act 2003 (Her Majesty The Queen's Birthday Licensing Hours) Order 2016 and comes into force on the day after it is made.

2.  In this Order-

(a)"the celebration period" means the period beginning with 10th June 2016 and ending with 12th June 2016; and

(b)"specified times" means the periods of 2 hours beginning at 11pm on each of the 10th June and 11th June 2016.

Licensing hours

3.  Subject to articles 5 and 6, premises licences and club premises certificates to which article 4 applies have effect (to the extent that it is not already the case) during the celebration period as if the specified times were included in the opening hours(2).

4.  This article applies to premises licences and club premises certificates by virtue of which the opening hours immediately precede or continue into the specified times.

5.  The opening hours are not by virtue of article 3 to be treated as including the specified times insofar as they relate to the use of premises for-

(a)the sale by retail of alcohol for consumption off the premises, or

(b)the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises.

6.  In relation to the use of premises for the provision of late night refreshment, the opening hours are only to be treated by virtue of article 3 as including the specified times if the premises may also be used at those times for-

(a)the sale by retail of alcohol for consumption on the premises, or

(b)the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption on the premises.

Karen Bradley

Parliamentary Under-Secretary of State

Home Office

17th May 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 172 of the Licensing Act 2003 and marks the occasion of Her Majesty The Queen's official 90th birthday.

This Order provides for premises licences and club premises certificates to have effect during the period from 10th June to 12th June 2016 (to the extent that this is not already the case) as if specified times were included in the opening hours under the licence or certificate. The specified times are the periods of 2 hours beginning at 11pm on each of 10th June and 11th June 2016. The Order only applies to licences and certificates which authorise licensable activities to be carried on up to or after 11pm on each of those days.

This Order does not apply to the sale by retail of alcohol for consumption off the premises, and the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises. This Order permits premises to be used for the provision of late night refreshment at the specified times only if at those times the premises may also be used for the sale or supply of alcohol for consumption on the premises.

(2)

The definition of "opening hours" is contained in section 172(5) of the Licensing Act 2003.


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