The Licensing Act 2003 (Consequential Amendment)(Non-Domestic Rating)(Public Houses in England) Order 2006

• Citation: S.I. 2006/591
• Sections: 4

Section 1 Citation and commencement

This Order may be cited as the Licensing Act 2003 (Consequential Amendment)(Non-Domestic Rating)(Public Houses in England) Order 2006 and comes into force on 31st March 2006.

Section 2 Interpretation

In this Order—

(a) “the 2001 Order ” means the Non-Domestic Rating (Public Houses and Petrol Filling Stations)(England) Order 2001 ;

(b) “transitional public house” means the whole or part of a hereditament which—

(i) as a result of the coming into force of this Order ceases to be a public house within the meaning of paragraph (2) of article 1 of the 2001 order, and

(ii) continues to be a public house within the meaning of that paragraph as it stood before this Order came into force.

Section 3 Amendment

In article 1(2) of the 2001 Order omit the definition of “public house” and after the definition of “petrol filling station” add—

“premises” has the meaning given by section 193 of the Licensing Act 2003 ;

“premises licence” means—

a premises licence granted under Part 3 of that Act, or

a licence granted under Part 1 of Schedule 8 to that Act;

“public house” means premises in respect of which a relevant premises licence has effect;

“relevant premises licence” means a premises licence which—

authorises the sale by retail of alcohol for consumption on the premises, or for consumption on or off the premises;

is not subject to any condition restricting the sale of alcohol by reference to—

the use or intended use of the premises for the habitual provision of customary main meals;

a requirement that alcohol be sold or supplied on the premises only to persons taking meals on the premises for consumption ancillary to their meals;

is not subject to any condition restricting the sale of alcohol by reference to—

the use or intended use of the premises for the purpose of habitually providing board and lodging (including breakfast and at least one other customary main meal) for reward;

a requirement that alcohol be sold or supplied on the premises only to persons residing there (or to their private friends entertained by them at their own expense) for consumption by such a person (or their private friend) on the premises, or with a meal supplied at but to be consumed off the premises.

Section 4 Transitional provision

Before 1st April 2007 a transitional public house is to be taken to be a public house within the meaning of article 1(2) of the 2001 Order.