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Sunday, 11 March 2012

Early morning alcohol restriction orders


The Crime and Security Act 2010 has received Royal Assent, but is not yet in force.

Once implemented, the Act will introduce a new power for licensing authorities, including BANES, to restrict sales of alcohol between 3am and 6am.

The Crime and Security Act 2010 amends the Licensing Act 2003 by inserting new sections 172A to 172E, which are summarised below:

s172 A gives the licensing authority the power to make an early morning alcohol restriction order.

The effect of the order is to suspend any authorisation of the sale of alcohol between 3am and 6am. This includes premises licences, club premises certificates and Temporary Event Notices (TENs).

An order may apply –
  • ·        every day or only on particular days
  • ·        in relation to the whole or part of a licensing authority’s area, or
  • ·        for a limited or unlimited period.

The order must specify the days in relation to which it is to apply, the area in relation to which it is to apply, and if it is to apply for a limited period, that period. The order must also specify the date from which it is to apply.

s172B sets out the procedural requirements, which include advertising the proposed order, holding a hearing to consider relevant representations.

s172C prohibits a licensing authority from making an order in relation to an area or day not specified in the proposed order advertised, and requires the authority to publish the order in a prescribed form and manner and within the prescribed period. 

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