The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012

• Citation: S.I. 2012/2551
• Sections: 15

Section 1 Citation and commencement

(1) These Regulations may be cited as the Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012.

(2) These Regulations come into force on 31st October 2012.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Licensing Act 2003;

“affected person” has the same meaning as in section 172B(3) of the Act;

“the 2005 Regulations ” means the Licensing Act 2003 (Hearings) Regulations 2005 .

Section 3 Early morning alcohol restriction order: form and content of order

An early morning alcohol restriction order must be in the form and must contain the information set out in Schedule 1.

Section 4 Early morning alcohol restriction order: advertisement of proposed order

A licensing authority must advertise a proposal to make an early morning alcohol restriction order—

(a) for a period of no less than 42 days—

(i) by publication of a notice of the proposal on its website,

(ii) by displaying a notice in the area in relation to which the proposed order is to be made in a manner which is likely to bring the proposal to the attention of persons who have an interest it; and

(b) on at least one occasion during the period of 42 days starting on the day on which the proposal is first advertised in accordance with paragraph (a)—

(i) by publication of a notice of the proposal in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the licensing authority’s area;

(ii) by notice sent to all affected persons.

Section 5 Early morning alcohol restriction order: representations

(1) A responsible authority or any other person making representations to a licensing authority may make those representations at any time during a period of 42 days starting on the day after the day on which the proposal to make an order is advertised in accordance with regulation 4.

(2) Any representations made under paragraph (1) must—

(a) be in writing, and

(b) be in the form and contain the information set out in Schedule 2.

Section 6 Early morning alcohol restriction order: hearings

The 2005 Regulations are amended in accordance with regulations 7 to 13 of these Regulations.

Section 7 Early morning alcohol restriction order: hearings

For regulation 5 to the 2005 Regulations substitute—

(5)

(1) Subject to paragraph (2), hearings to be held under the provisions listed in column 1 of the table in Schedule 1 must be commenced within the period of time specified in column 2 of the table and in a case where the hearing is to be held on more than one day, the hearing must be arranged to take place on consecutive working days.

(2) Hearings to be held under the provision listed in the entry numbered 15A in the table in Schedule 1 can be arranged to take place other than on consecutive working days if an authority considers this to be necessary—

(a) for its consideration of any representations made by a party, or

(b) in the public interest.

Section 8 Early morning alcohol restriction order: hearings

In regulation 26 of the 2005 Regulations—

(a) in paragraph (2) after “other case” insert “(except in the case of a hearing under section 172B(1)(b))”, and

(b) after paragraph (2) add—

(3) In the case of a hearing under section 172B(1)(b), the authority must make its determination within the period of ten working days beginning with the day or the last day on which the hearing was held.

Section 9 Early morning alcohol restriction order: hearings

In regulation 28 of the 2005 Regulations—

(a) in paragraph (1), for “In a case” substitute “Subject to paragraph (3), in a case”, and

(b) after paragraph (2) add—

(3) The authority is not required to notify a party of its determination in respect of a hearing under section 172B(1)(b).

Section 10 Early morning alcohol restriction order: hearings

In Schedule 1 to the 2005 Regulations, after the entry in the table numbered 15, insert the following entry—

Section 11 Early morning alcohol restriction order: hearings

In Schedule 2 to the 2005 Regulations, after the entry in the table numbered 15, insert the following entry—

Section 12 Early morning alcohol restriction order: hearings

In Schedule 3 to the 2005 Regulations, after the entry in the table numbered 14, insert the following entry—

Section 13 Early morning alcohol restriction order: hearings

In Schedule 4 to the 2005 Regulations, after paragraph 15 insert—

(15A) the relevant representations as defined in section 172B(2), in accordance with section 172B(1)(b),

Section 14 Early morning alcohol restriction order: publication etc. of order

A licensing authority must, no later than 7 days after the day on which it makes an early morning alcohol restriction order, make the order available—

(a) by notice sent to all affected persons;

(b) for a period of no less than 28 days—

(i) by publication on its website, and

(ii) by displaying a notice in the area in relation to which the order has been made in a manner which is likely to bring the order to the attention of persons interested in it.

Section 15 Early morning alcohol restriction order: exceptions

(1) For the purposes of section 172E(1) of the Act, prescribed cases or circumstances are—

(a) premises which are a hotel or comparable premises at which the supply of alcohol between midnight and 6am on any day may only be made to a person—

(i) who is staying at the premises, and

(ii) for consumption only in the room at which the person is staying on the premises;

(b) premises which are authorised to supply alcohol for consumption on the premises between midnight and 6am on 1st January in every year (but are not so authorised at those times on any other day in any year).

(2) In this regulation, premises are “comparable premises” to a hotel if they are a guest house, lodging house or hostel.