Licensing Act 2003 - What can't I do?

Licensing Act 2003

Offences

In relation to Licences and Club Premises Certificates:

  • Carrying on or attempting to carry on a licensable activity on or from any premises other than under or in accordance with the authorisation provided by a premises licence, a club premises certificate or temporary event notice meeting the required conditions. Alternatively to knowingly allow such an activity to be carried on.

(Note that where an unauthorised activity has taken place, any performer or participant does not commit an offence unless they are involved in the organisation or arrangement of the unauthorised activity)

  • To expose alcohol for sale when not an authorised activity.
  • To keep alcohol with the intention of selling it by retail or supplying it by or on behalf of a club or to the order of a member of a club where the sale of supply would be an unauthorised licensable activity
  • To keep on licensed premises any goods (including alcohol and tobacco products) which have been imported without the payment of duty or which have otherwise been unlawfully imported. (Note that this offence can be committed by the licence holder, designated premises supervisor or in the case where a temporary event notice has been given, the premises user. In addition where an individual has the authority to prevent the goods being kept on the premises the offence can be committed by an employee of a premises or club, whether paid or unpaid, or an officer or member of a club)

In relation to children

:

  • Unaccompanied children under 16 are prohibited from certain premises such as premises open for the purposes of mainly being used for the supply of alcohol for consumption therein and all premises used for the supply of alcohol for the consumption therein between the hours of midnight and 5am.
  • Sale of alcohol by retail to an individual under the age of 18.
  • Supply of alcohol to a member or guest of a club who is under the age of 18.
  • Supplying alcohol to children under 18 from premises.
  • Buying or attempting to buy alcohol if under 18.
  • Buying or attempting to buy alcohol for someone under 18. (note that a person over 18 can buy alcohol for 16 and 17 year olds who are eating a table meal accompanied by someone over 18)
  • People under 18 knowingly consuming alcohol on relevant premises.
  • A person who works on relevant premises in any capacity, whether paid or unpaid if he knowingly delivers to an individual aged under 18 alcohol sold on the premises, or alcohol supplied on the premises by or on behalf of a club to or to the order of a member of a club.
  • A person who knowingly allows anyone else to deliver to an individual under 18 alcohol sold on relevant premises
  • Sending a child to obtain alcohol sold from licensed premises.

In relation to drunkenness and disorderly behaviour:

  • Serving alcohol to a person who is already drunk.
  • Obtaining or attempting to obtain alcohol for a person who is already drunk.
  • If a person who is drunk or disorderly fails to leave premises, or enters premises, following the request of a police officer or a person acting on behalf of the premises.

In relation to vehicles:

  • Selling alcohol on a moving vehicle. (Note this does not prohibit consumption and does not apply when a vehicle is permanently or temporarily parked)