The Regulatory Reform (Special Occasions Licensing) Order 2002

• Citation: S.I. 2002/3205
• Sections: 4

Section 1 Citation, commencement, extent and interpretation

(1) This Order may be cited as the Regulatory Reform (Special Occasions Licensing) Order 2002 and shall come into force on the day after the day on which it is made.

(2) This Order extends to England and Wales.

Section 2 Amendments to the Regulatory Reform (Special Occasions Licensing) Order 2001

(1) The Regulatory Reform (Special Occasions Licensing) Order 2001 is amended as follows.

(2) In article 3(1)(a), omit “and on 3rd June 2002,”.

(3) For article 4(2) substitute—

(2) The Special Occasions licensing hours are the period between—

(a) the end of the permitted hours in the premises on New Year’s Eve; and

(b) the beginning of the permitted hours in the premises on the following day (or, if there are no permitted hours in the premises on that day, midnight on New Year’s Eve).

(4) In article 4(3)—

(a) for “3rd June 2002” substitute “any New Year’s Eve”; and

(b) at the end insert “on that day”.

(5) In article 4(4) after “permitted hours end” insert “or begin”.

(6) In article 8(1) for “3rd and 4th June 2002” substitute “the relevant New Year’s Eve and New Year’s Day”.

Section 3 Amendment of the London Government Act 1963

Schedule 12 to the London Government Act 1963 (licensing of public entertainments in Greater London) is amended by inserting, after paragraph 11, the following—

(11A)

(1) Sub-paragraph (2) below applies where—

(a) a licence under paragraph 1 of this Schedule is for the time being in force in respect of any premises, and

(b) the Special Occasions licensing hours are (subject to any Special Occasions restriction order) added to the permitted hours in the premises.

(2) No person shall be guilty of an offence under paragraph 10(2) of this Schedule by reason only of the premises being kept open on New Year’s Eve for any of the purposes authorised by the licence after the latest hour so authorised.

(3) For the purposes of paragraph (2) above, “New Year’s Eve”—

(a) does not include any time specified in a Special Occasions restriction order as not to be added to the permitted hours, but

(b) otherwise, includes any period immediately following New Year’s Eve during which the Special Occasions licensing hours continue.

(4) Where, by virtue of a Special Occasions restriction order, the permitted hours together with any of the Special Occasions licensing hours to be added to them end at different times in different parts of the premises, each part shall be treated as separate premises for the purposes of this paragraph.

(5) In this paragraph expressions used in the Regulatory Reform (Special Occasions Licensing) Order 2001 shall have the same meaning as in that Order.

Section 4 Amendment of the Local Government (Miscellaneous Provisions) Act 1982

Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 (licensing of public entertainments outside Greater London) is amended by inserting, after paragraph 13, the following—

(13A) 1 Sub-paragraph (2) below applies where—

(a) the Special Occasions licensing hours are (subject to any Special Occasions restriction order) to be added to the permitted hours in any premises, and

(b) the premises form all or part of a place in respect of which a licence under paragraph 1 above is for the time being in force.

(2) No person shall be guilty of an offence under paragraph 12(2) above by reason only of the premises being kept open on New Year’s Eve for any of the purposes authorised by the licence after the latest hour so authorised.

(3) For the purposes of sub-paragraph (2) above, “New Year’s Eve”—

(a) does not include any time specified in a Special Occasions restriction order as not to be added to the permitted hours, but

(b) otherwise, includes any period immediately following New Year’s Eve during which the Special Occasions licensing hours continue.

(4) Where, by virtue of a Special Occasions restriction order, the permitted hours together with any of the Special Occasions licensing hours to be added to them end at different times in different parts of the premises, each part shall be treated as separate premises for the purposes of this paragraph.

(5) In this paragraph expressions used in the Regulatory Reform (Special Occasions Licensing) Order 2001 shall have the same meaning as in that Order.