Liquor Licensing and Public Entertainments Act 2021

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LIQUOR LICENSING AND PUBLIC

ENTERTAINMENTS ACT 2021
Liquor Licensing and Public Entertainments Act 2021 Index
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Index
Section Page
PART 1 – INTRODUCTORY 7
Short title .......................................................................................................................... 7
Commencement .............................................................................................................. 7
Interpretation................................................................................................................... 7
Meaning of “entertainment” and “public entertainment” ....................................... 9
Meaning of “sale by retail” .......................................................................................... 10
Meaning of “resident on licensed premises” ............................................................ 10
PART 2 – LICENSING COURT AND LICENSING COURT OF APPEAL 11

The Licensing Court ..................................................................................................... 11
The Licensing Court of Appeal ................................................................................... 11
Courts: supplemental ................................................................................................... 11
Rules of court................................................................................................................. 12
PART 3 – LICENSING AUTHORITY 12

Establishment of licensing authority ......................................................................... 12
PART 4 – LICENCES 12
Regulations: licences .................................................................................................... 12
Regulations: types of licence ....................................................................................... 13
Regulations: application for licence ........................................................................... 14
Regulations: determination of application for licence ............................................. 14
Regulations: suspension, revocation or surrender of licences ............................... 16
Regulations: renewal of licences ................................................................................. 16
Licences Register ........................................................................................................... 16
Employment of staff on licensed premises ............................................................... 17
Notification requirements ........................................................................................... 18
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defined. Liquor Licensing and Public Entertainments Act 2021
PART 5 – RESTRICTED AREAS 19

Restricted areas ............................................................................................................. 19
PART 6 – CONDUCT ON LICENSED PREMISES 19

Notification of opening hours .................................................................................... 19
Control of consumption of liquor by minors ........................................................... 20
Licensee or responsible person to be on licensed premises at all times ............... 20
Supply of excess quantity............................................................................................ 21
Price controls ................................................................................................................. 21
Sale on credit ................................................................................................................. 22
Alterations to licensed premises ................................................................................ 22
Display of notices at licensed premises ..................................................................... 23
Misbehaviour of persons: preventing entry into licensed premises or sale
of liquor to certain persons ......................................................................................... 24
Procuring drink for intoxicated persons on licensed premises ............................. 26
Assault on staff of licensed premises......................................................................... 26
Expulsion etc. of persons from licensed premises ................................................... 26
Prostitution etc on licensed premises ........................................................................ 27
Gaming on licensed premises ..................................................................................... 28
Misuse of drugs on licensed premises....................................................................... 28
Keeping unauthorised liquor...................................................................................... 29
Consumption on or near licensed premises ............................................................. 29
PART 7 – APPEALS 30
Appeals .......................................................................................................................... 30
PART 8 – OTHER OFFENCES 32

Operating without licence ........................................................................................... 32
Public drunkenness ...................................................................................................... 33
Drinking in public places ............................................................................................ 34
Liqueur confectionery.................................................................................................. 35
Regulations: powder liquor or liquor vapour .......................................................... 36
PART 9 – ENFORCEMENT 36
Offences: general .......................................................................................................... 36
Liability of persons other than licensee ..................................................................... 37
Disqualification............................................................................................................. 37
Suspension or revocation of licence ........................................................................... 37
Suspension or revocation etc pending appeal.......................................................... 38
Entry of licensed premises etc .................................................................................... 39
Entry and search for illegal sales etc.......................................................................... 39
Production of licence etc.............................................................................................. 40
Proof of sale, consumption etc.................................................................................... 40
Inspection of premises ................................................................................................. 40
Closure of premises in case of riot or violence, etc. ................................................. 41
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Liquor Licensing and Public Entertainments Act 2021 Index
Regulations: fixed penalties ........................................................................................ 41
PART 10 – GENERAL 43
Licensing objectives ...................................................................................................... 43
Regulations and Orders: general ................................................................................ 44
Consultation .................................................................................................................. 44
Fees ................................................................................................................................. 44
Guidance and codes of practice .................................................................................. 45
Restrictive agreements ................................................................................................. 45
Information sharing...................................................................................................... 46
PART 11 – REPEALS, AMENDMENTS AND TRANSITIONAL

ARRANGEMENTS 46
Transitional provisions, amendments and repeals .................................................. 46
Triennial session of the Court under the Licensing Act 1995 extended ................ 47
Period of licence granted under the Music and Dancing Act 1961 extended ...... 47
SCHEDULE 1 49
REPEALS 49
SCHEDULE 2 50
AMENDMENT OF ENACTMENTS 50
Liquor Licensing and Public Entertainments Act 2021 Section 1
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Signed in Tynwald: 20 July 2021
Received Royal Assent: 14 December 2021
Announced to Tynwald: 14 December 2021
AN ACT to repeal and re-enact, with amendments, the Licensing Act 1995, make
provision for the regulation and supply of liquor and for the regulation of public
entertainments; and for connected purposes.
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and
consent of the Council and Keys in Tynwald assembled, and by the authority of the
same, as follows:—
PART 1 – INTRODUCTORY
Short title
The short title of this Act is the Liquor Licensing and Public Entertainments Act
2021.
Commencement
(1) Subject to subsection (2), this Act comes into operation on such day or days
as the Department of Home Affairs may by order appoint.
Tynwald procedure — laying only.
(2) Sections 62, 65 and 66 come into operation on the day on which this Act is
passed.
(3) An order under subsection (1) may include such consequential, incidental,
supplementary, savings, transitional and transitory provision as the
Department of Home Affairs considers necessary or expedient.
Interpretation
(1) In this Act —
Section 3 Liquor Licensing and Public Entertainments Act 2021
“Appeal Court” means the Licensing Court of Appeal;

“Department” means the Department of Home Affairs;
“doorkeeper”, in relation to licensed premises, means any person whose duties
are, or a substantial part of whose duties is, the control of admission to, or
the removal of persons from, the premises;
“employee”, in relation to any person, includes an apprentice and any other
person who works for that person (whether or not under a contract of
employment, and whether or not the person receives wages for his or her
work);
“guard”, in relation to licensed premises, means any person whose duties are, or
a substantial part of whose duties is, the maintenance of order on the
premises;
“guidance” means guidance issued under section 61;
“justice” means a justice of the peace;
“licence” means a licence granted under this Act;
“licensed premises” means premises in respect of which a licence is in force and
includes premises in respect of which the licence has been suspended;
“licensee” means the holder of a licence granted under this Act;
“licensing authority” means the licensing authority that may be established
under section 11;
“Licensing Court” means the court constituted under section 7;
“Licensing Forum” means the organisation formed in 2005 known as the
Licensing Forum whose membership comprises the list of persons
published by the Department on its website www.gov.im;
“licensing objectives” has the meaning given in section 57;
“liquor” means spirits, wine, beer, cider and any other fermented, distilled or
spirituous liquor, but does not include —
(a) any liquor which is of a strength not exceeding 0.5 per cent. at the
time of the sale or other conduct in question;
(b) perfumes;
(c) flavouring essences recognised by the Treasury as not being
intended for consumption as or with dutiable alcoholic liquor; or
(d) spirits, wine or made-wine so medicated as to be, in the opinion of
the Treasury, intended for use as a medicine and not as a beverage;
“police officer” means a member of the Isle of Man Constabulary and includes a
special constable appointed under section 5(2) of the Police Act 1993;
“premises” includes any place, building, stall or movable structure, conveyance,
vessel or aircraft;
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“public entertainment” and “entertainment” have the meanings given in

section 4;
“publish” means publish on the website www.gov.im and in such other way that
brings the matter to the attention of any person who may be affected by it;
“resident on licensed premises” has the meaning given in section 6;
“responsible person” has the meaning given in section 24; and
“sale by retail” has the meaning given in section 5.
(2) For the purposes of this Act, a person is intoxicated if—
(a) the person’s speech, balance, co-ordination or behaviour is
noticeably affected; and
(b) it is reasonable in the circumstances to believe that the affected
speech, balance, co-ordination or behaviour is the result of the
consumption of liquor or some other substance.
(3) Anything which by this Act is required or permitted to be done by or to
the Chief Constable may be done by or to a police officer of the rank of
inspector or above appointed or other officer designated in writing by the
Chief Constable as the officer in charge of the licensing unit of the Isle of
Man Constabulary.
(4) The Department may by Order amend a definition in this Part.
Meaning of “entertainment” and “public entertainment”

(1) In this Act "public entertainment" means an entertainment to which the
public are admitted, whether on payment or otherwise.
(2) Subject to the following provisions of this section, in this Act
"entertainment" means —
(a) any play;
(b) any music;
(c) any dancing;
(d) any film exhibition;
(e) any game, recreation, sport, exhibition, performance or amusement
prescribed in regulations for the purpose of this subsection.
(3) The following are not entertainments for the purposes of this Act —
(a) a play performed in a place of public religious worship;
(b) music played or performed —
(i) for a purpose merely incidental to a use of a place other than
the provision of an entertainment falling within subsection
(2)(a), (c), (d) or (e);
(ii) by the reproduction of programmes included in a

programme service (within the meaning given in section 6
of the Communications Act 2021);
(iii) in a place of public religious worship; or
(iv) as an incident of a religious meeting or service; and
(c) a film exhibition which complies with such conditions as are
prescribed in regulations and —
(i) is not promoted for private gain; or
(ii) has as its sole or main purpose to demonstrate any product,
to advertise any goods or services or to provide information,
education or instruction.
Meaning of “sale by retail”

(1) For the purposes of this Act “sale by retail”, in relation to any liquor,
means a sale of liquor to any person, other than a sale of liquor that—
(a) is within subsection (2);
(b) is made on premises owned or occupied by the person making the
sale; and
(c) is made for consumption off those premises.
(2) A sale of liquor is within this subsection if it is —
(a) to a trader for the purposes of his or her trade;
(b) to a licensee for the purpose of making sales authorised by a
licence; or
(c) to a licensee for the purpose of making sales authorised by that
licensee’s licence.
(3) The giving of liquor as a prize in a lottery is not to be treated for the
purposes of this Act as a sale by retail of the liquor, where by virtue of
section 30(3), 31(1), 32(3), 33B or 34A of the Gaming, Betting and Lotteries
Act 1988 the lottery is not unlawful.
(4) For the purposes of this Act, if the place where a contract for the sale of
liquor is made is different from the place where the liquor is appropriated
to the contract, the sale of liquor is to be treated as taking place where the
liquor is appropriated to the contract.
Meaning of “resident on licensed premises”

(1) A person is regarded as a resident on licensed premises at a particular time
if, and only if—
(a) the person has spent the previous night at the licensed premises or
is booked to spend the next night (or the present night) at the
licensed premises; and
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(b) the person’s name has been entered in the record of residents
required to be kept by a licensee under section 4 of the Tourist Act
1975.
(2) None of the following persons is to be regarded as a resident on licensed
premises —
(a) the licensee or a member of his or her family;
(b) a responsible person for the licensed premises or a member of a
responsible person’s family;
(c) an employee of the licensee or a member of the employee’s family.
PART 2 – LICENSING COURT AND LICENSING COURT OF

APPEAL
The Licensing Court

(1) There continues to be constituted a court called the Licensing Court.
(2) The Licensing Court —
(a) consists of the High Bailiff and at least 2 but not more than 4
justices; and
(b) is to be held at such times and places as the High Bailiff may
appoint.
(3) The Licensing Court’s function is to determine applications for licences or
such other functions as are conferred on it under this Act or any other
enactment.
The Licensing Court of Appeal

(1) There continues to be constituted a court called the Licensing Court of
Appeal (“Appeal Court”).
(2) The Appeal Court consists of a Deemster and 2 other members, who must
be appointed by the Clerk of the Rolls.
Courts: supplemental
(1) The Licensing Court and the Appeal Court are courts of justice and courts
of record.
(2) Subject to any provision in or under this Act, the Licensing Court and the
Appeal Court may act on their own knowledge of the wants or
requirements of a locality or neighbourhood, or of visitors to the Island.
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Rules of court
Rules of court may be made by the Deemsters to regulate the practice and
procedures of the Licensing Court or the Appeal Court and to provide for any
other matter necessary or expedient for the effective and efficient operation of
those courts.
PART 3 – LICENSING AUTHORITY
Establishment of licensing authority

(1) The Department may by regulations establish a licensing authority.
(2) Regulations under subsection (1) must —
(a) specify the name and constitution of the licensing authority;
(b) specify the functions of the licensing authority; and
(c) require the licensing authority to carry out its functions in a way
that is consistent with the licensing objectives.
(3) Regulations under this section may transfer a function of the Licensing
Court to the licensing authority.
(4) Regulations under this section may provide for the authorisation of
officers for the purpose of enforcing any provision of this Act, or
regulations made under this Act, in exercise of the authority’s powers and
functions.
PART 4 – LICENCES
Regulations: licences
(1) The Department must make regulations under this Part before 1
November 2022, and may make subsequent regulations, to provide for the
granting of licences by the Licensing Court, or the licensing authority—
(a) for the brewing, distillation, storage, transportation, sale or supply
of liquor; and
(b) for public entertainments.
(2) When making regulations under this Part the Department must —
(a) have regard to the licensing objectives; and
(b) must make provision to require the Licensing Court or the licensing
authority, as the case may be, to have regard to the licensing
objectives when exercising its functions in respect of licensing
under this Act.
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Regulations: types of licence

(1) Regulations made by the Department must specify the types of licence that
may be granted under this Part in respect of —
(a) the brewing, distillation, storage, transportation, sale or supply of
liquor; or
(b) public entertainments.
(2) Regulations under subsection (1) may make provision for —
(a) the premises that are required to be licensed;
(b) the persons who are required to be licensed;
(c) the public entertainments that are required to be licensed; or
(d) an activity or business connected to brewing, distillation, storage,
transportation, sale or supply of liquor that is required to be
licensed.
(3) Regulations under subsection (1) —
(a) may provide that a licence may be granted to one or more persons;
(b) in the case where the applicant for the licence is a company —
(i) may require the company to provide information as to the
individuals who are beneficial owners of the company; and
(ii) may provide for the grant of the licence to the company or
individuals within the company, or both; and
(c) may permit a licence to be granted in respect of one or more
premises or one or more activities specified in the regulations.
(4) Regulations under subsection (1) —
(a) must provide for the period of validity of a licence and for the
renewal of a licence;
(b) may provide that a licence has provisional effect or be of fixed
duration or indefinite duration;
(c) may provide for the temporary or permanent transfer of a licence
to another person;
(d) may provide for the circumstances in which a person is
disqualified for holding a licence; and
(e) may provide for the circumstances in which a person is exempt
from the requirement to be licensed.
(5) In this section “beneficial owner” has the meaning given in section 4 of the
Beneficial Ownership Act 2017.
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Regulations: application for licence

(1) Regulations made by the Department must make provision about the
procedure for making an application for a licence under this Part,
including —
(a) the form or content of an application;
(b) the information to be submitted with an application;
(c) the payment of fees to accompany the application;
(d) the evidence to be obtained as to the character and suitability of any
applicant (including evidence of any previous convictions of that
applicant);
(e) the persons who must be notified of an application;
(f) the persons who may or must be consulted in respect of an
application;
(g) the inspection or description of premises that are relevant to the
application;
(h) the attendance of an applicant in person for questioning by the
Licensing Court or licensing authority in relation to the application;
(i) the making of objections or representations to the Licensing Court
or the licensing authority with respect to the application; and
(j) the withdrawal of an application.
(2) The regulations may prescribe the matters that must or may be taken into
consideration by the Licensing Court or licensing authority when it is
determining whether or not to grant a licence.
Regulations: determination of application for licence

(1) Regulations made by the Department must provide that the Licensing
Court or licensing authority may refuse to grant a licence, or may grant a
licence —
(a) subject to such conditions as for the time being apply to that licence
by virtue of regulations under this section;
(b) subject to such other conditions as the Licensing Court or licensing
authority thinks fit; and
(c) subject to any undertaking given by the applicant and accepted by
the Licensing Court or licensing authority.
(2) A licence condition (whether or not specified in regulations) which
restricts the hours during which liquor may be sold shall be invalid.
(3) Regulations may prescribe conditions to which a licence is subject,
including conditions —
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(a) prohibiting or restricting the brewing, distillation, storage or

transportation of liquor, or the sale or supply of liquor to or for
persons of any specified description;
(b) prohibiting or restricting the presence on the premises, or in any
specified room in the licensed premises, of persons below a
specified age (not being an age that is more than 18 years);
(c) prohibiting or restricting the entry of persons of any specified
description from entering a place that is licensed for public
entertainment;
(d) prohibiting or restricting the presence of persons below a specified
age on licensed premises of a specified description;
(e) prohibiting the sale, supply or consumption on the licensed
premises of any class or description of liquor specified in the
condition;
(f) prohibiting or restricting the sale or supply of liquor to or for
persons of any specified description;
(g) prohibiting the sale or supply of liquor for consumption off the
licensed premises;
(h) permitting public entertainments to take place on prescribed days
or during prescribed hours; and
(i) such other conditions as the Department considers necessary or
expedient to make.
(4) Regulations may provide that the Licensing Court or licensing authority
that grants a licence subject to conditions or an undertaking, of its own
motion or on an application by any person, may do all or any of the
following —
(a) vary or remove any condition imposed by it;
(b) waive, wholly or in part, any undertaking previously given and
accepted;
(c) impose a further condition or accept a further undertaking by the
licensee.
(5) Regulations may not prohibit or restrict the presence in any specified room
in the premises a person below a specified age who is —
(a) a child of the licensee;
(b) a person who resides in the licensed premises but is not employed
there; or
(c) a person who is in the room solely for the purpose of passing to or
from some other part of the premises to or from which there is no
other convenient means of access or egress.
(6) Regulations must specify the information to be contained in a
licence including —
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(a) any conditions to which the licence is subject; and

(b) any undertaking given by the licensee and accepted by the
Licensing Court or licensing authority.
(7) If any condition to which a licence is subject is not complied with —
(a) the licensee is guilty of an offence; and
(b) whether or not the person is convicted of that offence, the Licensing
Court or licensing authority may by order revoke the licence or
suspend it for such period, or until the happening of such event, as
is specified in the order.
Maximum penalty (summary conviction) - a fine of level 4 on the
standard scale.
Regulations: suspension, revocation or surrender of licences

Regulations made by the Department must specify —
(a) the circumstances when a licence may be suspended, revoked or
surrendered;
(b) the period for which a licence may be suspended;
(c) the procedure for suspending a licence and the matters that must
or may be satisfied before the suspension may be lifted;
(d) the procedure for revoking or surrendering a licence;
(e) the effect of a suspension, revocation or surrender of a licence and
the time at which the suspension, revocation or surrender takes
effect; and
(f) any transitional arrangement following a suspension, surrender or
revocation of a licence.
Regulations: renewal of licences

Regulations made by the Department must —
(a) provide for the renewal of licences, and the process for applying
for their renewal; and
(b) specify circumstances when a licence may continue in force during
the process of applying for its renewal.
Licences Register
(1) The Department must by regulations make provision for the
establishment and maintenance, by such person or authority as is specified
in the regulations, of a register of —
(a) licences granted by the Licensing Court or the licensing authority;
(b) activities notified under section 20; and
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(c) licences suspended or revoked by the Licensing Court or the

licensing authority.
(2) Regulations under subsection (1) must specify —
(a) the manner in which the register must or may be kept;
(b) the persons who may access the information kept on the register
and the terms on which information will be provided;
(c) the form in which requests for access to information on the register
may be made;
(d) the means by which the register may be searched;
(e) any exceptions to the provision of information and the
circumstances in which a request for access to information on the
register may be refused;
(f) any procedures for appealing against a refusal of a request for
access to information on the register;
(g) any fees payable for the provision of access to the register;
(h) the form of any provision of information following a request; and
(i) the publication of information on the register and inspection of the
register.
(3) The Department may by order amend this section.
Employment of staff on licensed premises

(1) The Department must by regulations make provision for the
establishment and maintenance, by such person or authority as is specified
in the regulations, of a register of persons who may be employed with
respect to any licensed premises as a guard, doorkeeper or responsible
person (“Licensed Staff Register”) or such other person as may be
specified in regulations.
(2) The regulations under subsection (1) may include (but are not limited to)
provisions in respect of —
(a) the conditions for registration;
(b) applications for registration;
(c) the duration of registration;
(d) removal from the Licensed Staff Register;
(e) appeals against decisions relating to applications for registration
and removal from the Licensed Staff Register;
(f) fees for applications for, and continuance of, registration;
(g) the admissibility of statements as to entries on the Licensed Staff
Register; and
(h) the publication of such details on the Licensed Staff Register as may
be specified in the regulations.
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(3) Where any person who is not entered in the Licensed Staff Register is
employed by a licensee as a guard, doorkeeper or responsible person on
or with respect to any licensed premises —
(a) the licensee is guilty of an offence; and
(b) the person employed as the guard, doorkeeper or responsible
person, as the case may be, is guilty of an offence.
Maximum penalty (summary conviction) - a fine of level 5 on the standard
scale.
(4) In proceedings for an offence under subsection (3)(a) —
it is a defence for the licensee to show that the licensee reasonably believed
that the guard, doorkeeper or responsible person, as the case may
be, was entered in the Licensed Staff Register; and
it is a defence for the guard, doorkeeper or responsible person, to show
that he or she reasonably believed that he or she was entered in the
Licensed Staff Register.
(5) A person is guilty of an offence if the person —
(a) makes a statement which is false in a material particular, or
recklessly makes a statement which the person knows to be false in
a material particular, or withholds any material information, for the
purpose of securing the making or retention of any entry on, or the
removal of any entry from, the Licensed Staff Register; or
(b) falsely represents himself or herself to be entered in the Licensed
Staff Register.
Maximum penalty (summary conviction) – a fine of level 5 on the standard
scale.
Notification requirements
(1) Regulations made by the Department may provide that specified activities
for which a licence is not required under this Act must be notified to the
Department or the licensing authority before the activity takes place.
(2) The regulations must specify —
(a) the information that must be notified; and
(b) the time and manner in which it must be notified.
(3) The regulations may provide that a person who fails to comply with a
requirement to notify the Department or licensing authority, as the case
may be, is guilty of an offence; and provide that the maximum penalty on
summary conviction is a fine of level 1 on the standard scale.
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PART 5 – RESTRICTED AREAS
Restricted areas
(1) The Department may by order designate an area as a restricted licensing
area if it is satisfied that is necessary to so designate for the purpose of one
or more of the licensing objectives.
Tynwald procedure – negative.
(2) Before making an order under subsection (1) the Department must
consult —
(a) the Chief Constable;
(b) the Fire and Rescue Service; and
(c) such other persons as the Department considers to be
representative of businesses and residents and of licensees in the
proposed restricted area.
(3) For the purposes of the consultation, the Department must provide to the
persons mentioned in subsection (2) the reasons why it is considering
making a designation order, together with evidence that the order is
necessary for one of the purposes in the licensing objectives.
(4) The Department must —
(a) review each designation order at intervals of not more than 3 years;
and
(b) revoke a designation order if it is satisfied that the designation is
no longer necessary for the purpose of one of the licensing
objectives.
PART 6 – CONDUCT ON LICENSED PREMISES
Notification of opening hours

(1) The Department may by regulations require a licensee, or a person who is
required to give notification under section 20, to give notice in writing to
the Chief Constable of the hours between which the person intends to —
(a) sell or supply liquor for consumption on the licensed premises; or
(b) undertake a public entertainment or such other activity for which
a licence or notification is required as may be specified in the
regulations.
(2) Regulations under this section may provide for non-compliance with a
provision of the regulations made under subsection (1) to be an offence
punishable on summary conviction by a fine not exceeding a fine of level
2 on the standard scale.
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Control of consumption of liquor by minors

(1) The Department must by regulations make provision to —
(a) prevent the consumption of liquor by a minor in any place;
(b) permit the seizure of liquor in possession of a minor and provide
for its disposal;
(c) prevent the purchasing of liquor for consumption by a minor;
(d) control the employment of minors in licensed premises;
(e) control the sale of liquor to a minor;
(f) control the purchase of liquor by or on behalf of a minor; and
(g) require proof of the age of a person intending to acquire liquor.
(2) The Department may by regulations —
(a) specify any document or class of documents which may be
produced for the purpose of proving the age of a person; or
(b) prescribe the form, and the procedure for the issue by the
Department or any other authority or person specified in the
regulations, of documents which may be produced for that
purpose.
(3) Regulations under this section may provide for non-compliance with any
provision of the regulations to be an offence —
(a) punishable on summary conviction of a person aged 18 years or
over, by a fine not exceeding level 3 on the standard scale; and
(b) punishable on summary conviction of minor, by a fine not
exceeding a fine of level 1 on the standard scale.
Licensee or responsible person to be on licensed premises at all times

(1) Except as otherwise provided for in regulations, a licensee of any licensed
premises must ensure that the licensee or a responsible person is on the
licensed premises at all times when the premises are open to the public.
(2) A responsible person is a person designated by the licensee as having
personal responsibility for the premises in the absence of the licensee.
(3) The licensee must not designate a person under subsection (2) unless the
person is registered as a responsible person under regulations referred to
in section 19.
(4) The licensee must ensure that at all times a logbook is kept at the premises
which records the name of the responsible person at any given time and
that such logbook is available for inspection to any police officer
immediately on demand.
(5) The Department, by regulations —
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(a) must specify the criteria for a person to act as a responsible person
in respect of premises;
(b) may specify different criteria for different types of premises; and
(c) may provide for circumstances when a licensee is exempt from the
requirement in subsection (1).
(6) A licensee who without reasonable excuse fails to comply with subsection
(1), (3) or (4) is guilty of an offence.
scale.
(7) A person who purports to take responsibility for licensed premises when
the person is not a responsible person is guilty of an offence.
scale.
(8) Whether or not the licensee is convicted of an offence under subsection (6),
the Licensing Court or licensing authority may by order suspend the
licence for such period, or until the happening of such event, as may be
specified in the order if it is satisfied that the premises is operating or has
operated without a licensee or a responsible person being present.
(9) Where the Licensing Court or licensing authority has power under
subsection (8) to suspend a licence, and has already suspended the licence
under any provision of this Act at least twice in the previous 5 years, it
may by order revoke the licence.
(10) Before suspending or revoking a licence under this section the Licensing
Court or licensing authority must, unless it determines that it is not
practicable to do so, in accordance with any requirement in the
regulations, give the licensee an opportunity to make representations as to
why the licence should not be suspended or revoked, as the case may be.
Supply of excess quantity

A licensee, or an employee or agent of a licensee who —
(a) sells or supplies to any person in the licensed premises; or
(b) permits any other person to sell or supply to any person in the
licensed premises,
as the measure of liquor for which that person asks an amount exceeding that
amount, is guilty of an offence.
Maximum penalty (summary conviction) – a fine of level 2 on the standard scale.
Price controls
(1) The Department may by regulations —
c AT 24 of 2021 Page 21
(a) make provision that enables the minimum price at which liquor
may or must be sold to be specified, whether by reference to the
price per unit, the strength of alcohol, the volume of alcohol or
otherwise;
(b) regulate or prohibit the supply of liquor with other products or
services for a single price; or
(c) regulate the labelling of liquor in relation to its price.
(2) Regulations under this section may provide for non-compliance with a
provision of the regulations made under subsection (1) to be an offence
punishable on summary conviction by a fine not exceeding a fine of level
3 on the standard scale.
Sale on credit
(1) A licensee, or an employee or agent of a licensee, in the licensed
premises who —
(a) sells or supplies liquor to be consumed on the premises; or
(b) permits any person to consume liquor,
which is not paid for before or at the time it is sold or supplied, is guilty of
an offence.
scale.
(2) A person in licensed premises who consumes liquor which is not paid for
before or at the time it is sold or supplied, is guilty of an offence.
scale.
(3) A person is not guilty of an offence under subsection (1) or (2) if the
liquor —
(a) is sold or supplied for consumption with a meal supplied at the
same time, is consumed with the meal, and is paid for together with
the meal;
(b) is sold or supplied to a person who resides on the premises; or
(c) is paid for, at the time it is sold or supplied, by means of a credit
card, charge card or similar payment card.
(4) No debt or demand arising from the sale of liquor in contravention of
subsection (1) or (2) is recoverable.
Alterations to licensed premises

(1) A person must not make an alteration to such licensed premises as may be
specified in regulations made by the Department, without the permission
of the Licensing Court or licensing authority, if the alteration —
Page 22 AT 24 of 2021 c
(a) gives increased facilities for drinking;

(b) conceals from observation any part of the premises used for
drinking; or
(c) affects the communication between the part of the premises where
liquor is sold and any other part of the premises or any street or
other place to which the public has access.
(2) Subsection (1) is not contravened by works required by an order of a court
or an order made or notice served by a public authority pursuant to an
enactment.
(3) Any person who contravenes subsection (1) is guilty of an offence.
scale.
(4) If the Licensing Court or licensing authority is satisfied that subsection (1)
is contravened in relation to any licensed premises the Licensing Court or
licensing authority may by order —
(a) revoke the licence;
(b) direct the licensee that within a time fixed by the Licensing Court
or licensing authority the premises must be restored to their
original condition; or
(c) give a direction under paragraph (b) and suspend the licence until
the direction has been complied with.
(5) Where a licence is suspended under subsection (4)(c), it is of no effect until
the Licensing Court or licensing authority certifies either that the direction
has been complied with or that such alternative works as the Licensing
Court or licensing authority may permit have been completed.
(6) If a direction under subsection (4)(b) or (c) is not complied with, the
Licensing Court or licensing authority may by order revoke the licence.
Display of notices at licensed premises

(1) The Department may by regulations make provision for the display of
notices at licensed premises to indicate any of the following —
(a) the name of the licensee and any responsible person for the licensed
premises;
(b) the nature of the licence;
(c) any opening hours notified pursuant to regulations under
section 22(1);
(d) the normal opening hours during which liquor is sold or supplied;
(e) the charges made for liquor of different kinds, according to the
measures by which they are sold; and
(f) particulars of any conditions included in the licence.
c AT 24 of 2021 Page 23
(2) Regulations under this section may provide that, if the requirements of the
regulations are not complied with in relation to any licensed premises, the
licensee is guilty of an offence punishable on summary conviction by a fine
not exceeding level 1 on the standard scale.
(3) If a notice is displayed on any premises falsely stating or implying that a
licence, or a licence of a particular kind, is in force in respect of the
premises —
(a) the occupier of the premises; and
(b) the person by whom the notice is displayed,
are guilty of an offence.
scale.
Misbehaviour of persons: preventing entry into licensed premises or

sale of liquor to certain persons
(1) Any person who on any licensed premises —
(a) is guilty of disorderly behaviour; or
(b) behaves indecently to the annoyance of any person,
is guilty of an offence.
Maximum penalty (summary conviction) – 6 months’ custody and a fine
of level 5 on the standard scale.
(2) A person who appears to be guilty of an offence under subsection (1) may
be arrested without warrant by a police officer.
(3) On the conviction of a person of an offence to which this subsection applies
the court by which the person is convicted may make either or both of the
following orders —
(a) an order that the person must not purchase liquor from a licensee
for such period (not exceeding 5 years) from the date of the order
as may be specified in the order;
(b) an order that the person must not enter such licensed premises,
types of licensed premises or parts of licensed premises as may be
specified in the order (other than premises on which the person
resides) for such period (not exceeding 5 years) from the date of the
order as may be specified in the order.
(4) Where the court makes an order under subsection (3)(a) against any
person, it may also order that a licensee or a responsible person must not
supply liquor to the person in respect of whom an order has been made
during the period specified under subsection (3)(a).
(5) Where the court makes an order under subsection (3)(a) or (b) against any
person, it may also issue a warrant —
Page 24 AT 24 of 2021 c
(a) authorising any person directed to do so by the Chief Constable to

take a photograph of the person and to distribute copies of the
photograph to licensees; and
(b) authorising any police officer to arrest and detain the person for
that purpose.
(6) Subsection (3) applies to —
(a) any offence committed by the person while the person was on
licensed premises;
(b) an offence under any of sections 18 to 60D of the Criminal Code 1872
(homicide, assault etc.);
(c) an offence under section 1 of the Criminal Damage Act 1981
(criminal damage);
(d) any other offence in which the consumption of liquor or other
intoxicating substance was a significant factor leading to the
offence, a constituent part of the behaviour constituting the offence
or an aggravating feature of the offence, whether or not the offence
was committed on licensed premises; and
(e) such other offences as the Department may by order prescribe.
(7) If a person against whom an order under subsection (3)(a) or (b) is in force
contravenes the order, the person is guilty of an offence.
scale.
(8) If a licensee or a responsible person knowingly contravenes an order
under subsection (4), the person is guilty of an offence.
scale.
(9) If a licensee or a person who is registered under section 19(1) —
(a) gets intoxicated; or
(b) sells liquor to an intoxicated person; or
(c) permits intoxication or any violent, quarrelsome or disorderly
behaviour,
on the licensed premises, the person is guilty of an offence.
scale.
(10) If in proceedings for an offence under subsection (9) it is proved that a
person (“D”) was intoxicated on the licensed premises, a person (“P”) who
is the licensee or a person registered under section 19(1) shall be guilty of
an offence if P was on the licensed premises when D was intoxicated,
unless P shows that P took all reasonable steps for preventing intoxication
on the premises.
c AT 24 of 2021 Page 25
(11) The Department may by regulations provide that, in the case of a person
who is subject to an order under subsection (3)(b), despite the order —
(a) the person may enter such part of an airport, sea port, bus station
or other travel hub as may be specified in the regulations for the
purpose of enabling the person to undertake a journey; or
(b) the person may enter such licensed premises as may be specified in
the regulations for the purposes of purchasing food, non-alcoholic
beverages or fuel.
Procuring drink for intoxicated persons on licensed premises

(1) If any person (P) in licensed premises procures liquor for consumption by
an intoxicated person in or in close proximity to licensed premises, P is
guilty of an offence.
scale.
(2) If any person (P) aids an intoxicated person in obtaining or consuming
liquor in licensed premises, P is guilty of an offence.
scale.
Assault on staff of licensed premises

(1) Subsection (2) applies to any offence committed by a person while the
person was on, or within close vicinity of, licensed premises at the time of
the offence.
(2) An offence —
(a) to which this section applies; and
(b) which was against a licensee, a responsible person, a guard or
doorkeeper, or any other member of the staff of the licensed
premises in the course of their employment in the licensed
premises,
is an aggravated offence.
(3) If an offence is an aggravated offence under subsection (2), the sentencing
court must decide on the level of sentence as if the person against whom
it was committed is a police officer or other person serving in a public
facing role.
Expulsion etc. of persons from licensed premises

(1) The licensee or responsible person, and any employee or agent of the
licensee, may, without giving any reason —
(a) refuse to admit any member of the public to licensed premises; or
Page 26 AT 24 of 2021 c
(b) refuse to supply liquor to any person.

(2) The licensee or responsible person, and any employee or agent of the
licensee, may, without giving any reason, order any person to leave
licensed premises.
(3) The powers conferred by subsections (1) and (2) must not be exercised in
a manner which contravenes the Equality Act 2017.
(4) A person is guilty of an offence if the person fails or refuses to leave
licensed premises on being ordered to do so by —
(a) the licensee;
(b) any employee or agent of the licensee; or
(c) a police officer.
scale.
(5) Without prejudice to any other right to exclude or expel a person from
licensed premises, the licensee, and any employee or agent of the licensee,
may refuse to admit to, or expel from, the licensed premises any person —
(a) who is intoxicated, violent, quarrelsome or disorderly; or
(b) whose presence on the licensed premises would subject the licensee
to a penalty under this Act.
(6) Any police officer must, on the demand of the licensee or any employee or
agent of the licensee, help to expel from the licensed premises —
(a) any person failing or refusing to leave the licensed premises when
ordered to do so under subsection (2); or
(b) any person liable to be expelled from the licensed premises under
subsection (5).
(7) Any person exercising any powers under subsection (2), (5) or (6) may use
such reasonable force as may be required for the purpose.
Prostitution etc on licensed premises

(1) A licensee who permits the licensed premises to be the habitual resort or
place of meeting of reputed prostitutes, whether or not the object of their
so resorting or meeting is prostitution, is guilty of an offence.
scale.
(2) Subsection (1) is not contravened by a licensee allowing any such person
to remain in the licensed premises for the purpose of obtaining reasonable
refreshment for such time as is necessary for the purpose.
(3) If a licensee is convicted of any offence under sections 59 to 65 of the Sexual
Offences and Obscene Publications Act 2021 (suppression of brothels), the
c AT 24 of 2021 Page 27
court on an application by the Chief Constable must by order revoke the

licence.
Gaming on licensed premises

(1) A licensee who permits any gaming or unlawful game to be carried on in
the licensed premises is guilty of an offence.
scale.
(2) Subsection (1) is not contravened by —
(a) a private lottery and confined to the persons mentioned in
section 30(1)(d) of the Gaming, Betting and Lotteries Act 1988;
(b) a lottery which by virtue of section 31(1) or 35 of that Act is not
unlawful;
(c) a society lottery (within the meaning of that Act) which by virtue
of section 32 or 34A of that Act is not unlawful;
(d) a lottery which by virtue of section 1 of the National Lottery Act 1999
is not unlawful;
(e) the playing of a controlled machine (within the meaning of the
Gaming (Amendment) Act 1984);
(f) the playing of dominoes, or cribbage or other card games on
licensed premises, if the stake or the aggregate of stakes put up by
each player does not exceed £1 in respect of each game.
(3) The conviction of a licensee of an offence under —
(a) section 5, 11 or 29 of the Gaming, Betting and Lotteries Act 1988; or
(b) section 2(4) of the Gaming (Amendment) Act 1984,
relating to the licensed premises must be treated for the purposes of this
Act as a conviction of an offence under this Act.
(4) The Department may by order amend subsection (2)(f) to —
(a) amend the games listed in that paragraph; or
(b) substitute another amount for the amount specified in that
paragraph.
Tynwald procedure – affirmative.
Misuse of drugs on licensed premises

(1) If a licensee is convicted of an offence under section 8 of the Misuse of
Drugs Act 1976 (occupiers etc of premises to be punishable for permitting
certain activities to take place there) in relation to the licensed premises,
the court by which the person is convicted may by order revoke the
licensee’s licence.
Page 28 AT 24 of 2021 c
(2) Before a court revokes a licence under subsection (1), it must, unless it
determines that it is not practicable to do so, give the licensee an
opportunity to make representations as to why the licence should not be
revoked.
(3) Where an order has been made under subsection (1) revoking a licence,
the court may order that a licence must not be granted to the person whose
licence has been revoked for such period (not exceeding 2 years) as the
court may direct.
(4) The conviction of a person of an offence under any of the following
provisions of the Misuse of Drugs Act 1976 —
(a) section 4(3) (restriction of production and supply of controlled
drugs);
(b) section 5(2) or (3) (restriction of possession of controlled drugs); or
(c) section 8 (occupiers etc of premises to be punishable for permitting
certain activities to take place there),
committed on or in relation to licensed premises is to be treated for the
purposes of this Act as an offence under this Act.
Keeping unauthorised liquor

(1) A licensee is guilty of an offence if the licensee, without reasonable excuse,
has in his or her possession on licensed premises any kind of liquor which
the licensee is not authorised to sell on those premises.
scale.
(2) The court by which a person is convicted of an offence under
subsection (1) may order that the liquor be forfeited.
Consumption on or near licensed premises

(1) A licensee is guilty of an offence if a person —
(a) buys liquor from a licensee who is not authorised to sell that liquor
for consumption on the premises; and
(b) with the privity or consent of the licensee, drinks the liquor —
(i) on the licensed premises;
(ii) in premises adjoining the licensed premises and belonging
to the licensee or under his or her control or used by his or
her permission; or
(iii) in a street adjoining or near to the licensed premises.
scale.
c AT 24 of 2021 Page 29
(2) A licensee is guilty of an offence if the licensee, with intent to evade the
terms of the licence, takes, or permits any other person to take, any liquor
from the licensed premises for the purpose of its being sold on the account
of the licensee or for his or her benefit or profit.
scale.
(3) If in proceedings for an offence under subsection (2), it is proved that the
liquor was taken for the purpose of its being consumed in any building or
structure belonging to the licensee or under the licensee’s control or used
by the licensee’s permission, the licensee shall be convicted unless the
licensee shows that the licensee did not intend to evade the terms of the
licence.
PART 7 – APPEALS
Appeals
(1) Unless this Act expressly provides otherwise, the following persons may
appeal to the Appeal Court against the decision of the Licensing Court on
an application for a licence or order under this Act —
(a) the applicant; and
(b) any person who made any representation to the Licensing Court in
respect of a licensing application.
(2) The following persons may appeal to the Appeal Court against the
following decisions of the Licensing Court —
(a) in the case of an order revoking or suspending a licence, the
licensee or the owner of the licensed premises;
(b) in the case of an order disqualifying a person for holding or
obtaining a licence, that person;
(c) in the case of the refusal of an order mentioned in paragraph (a) or
(b), the Chief Constable or any person who applied for the order.
(3) On determining an appeal under subsection (1) or (2) the Appeal Court
may —
(a) confirm the decision of the Licensing Court, with or without
modifications;
(b) reverse the decision of the Licensing Court; or
(c) remit the application to the Licensing Court for re-consideration.
(4) On determining an appeal under subsection (1) or (2), the Appeal Court
may make such order as to costs, and grant execution thereon, as it thinks
fit.
Page 30 AT 24 of 2021 c
(5) Subject to subsection (13), the decision of the Appeal Court on such an
appeal is final.
(6) If the licensing authority is established, unless this Act expressly provides
otherwise, the following persons may appeal to the Licensing Court
against the decision of the licensing authority on an application for a
licence or order under this Act —
(a) the applicant; and
(b) any person who made any representation to the licensing authority
in respect of a licensing application.
(7) On determining an appeal under subsection (6), the Licensing Court
may —
(a) confirm the decision of the licensing authority, with or without
modifications;
(b) reverse the decision of the licensing authority; or
(c) remit the application to the licensing authority for re-consideration.
(8) Where the Licensing Court determines an appeal, under subsection (7), it
may make any order, impose any conditions, or accept any undertaking,
which the licensing authority might make, impose or accept, and anything
done by or in relation to the Licensing Court on granting an application
has effect, and is to be treated for the purposes of enforcement, variation
or revocation, as if it had been done by or in relation to the licensing
authority.
(9) The following persons may appeal to the Appeal Court against the
following decisions of the Licensing Court made under subsection (8)—
(a) in the case of an order revoking or suspending a licence, the
licensee or the owner of the licensed premises;
(b) in the case of an order disqualifying a person for holding or
obtaining a licence, that person;
(c) in the case of the refusal of an order mentioned in paragraph (a) or
(b), the Chief Constable or any person who applied for the order.
(10) On determining an appeal under subsection (9), the Appeal Court may —
(a) quash or make the order in question, as the case may be;
(b) remit the matter to the Licensing Court or licensing authority for
re-consideration; or
(c) dismiss the appeal.
(11) On determining an appeal under subsection (9), the Appeal Court may
make such order as to costs, and grant execution thereon, as it thinks fit.
(12) Subject to subsection (13), the decision of the Appeal Court on such an
appeal is final.
c AT 24 of 2021 Page 31
(13) Section 109 (appeal by way of case stated) of the Summary Jurisdiction Act
1989 applies to a decision of the Appeal Court as it applies to a decision of
a court of summary jurisdiction.
(14) The Department may by regulations amend this section to make further
provision for appeals including —
(a) the grounds of appeal and process for appealing;
(b) the persons who may appeal;
(c) the contents and form of applications for appeals, and the way (or
manner) in which they must be made;
(d) the persons who must be notified of the appeal and be permitted to
make representations;
(e) the time limits within which to appeal;
(f) the orders that may be made by the Appeal Court in respect of an
appeal; and
(g) the effect the appeal has on the decision appealed against while the
appeal is being considered.
PART 8 – OTHER OFFENCES
Operating without licence

(1) Subject to subsection (4), a person must not engage in the brewing,
distillation, storage, transportation, sale or supply of liquor unless the
person has been granted a licence for such brewing, distillation, storage,
transportation, sale or supply of liquor, as the case may be.
(2) A person, being a licensee, must not sell by retail any liquor except at a
place for which the licence authorises the person to sell that liquor.
(3) A person must not permit the sale of liquor by a person in contravention
of subsection (1) or (2).
(4) A person may engage in the brewing, distillation, storage, transportation,
sale or supply of liquor without being a licensee where —
(a) the brewing, distillation, storage, transportation, sale or supply of
liquor, as the case may be, is authorised under regulations made
under this Act;
(b) in the case of the sale of liquor, the sale is by a registered medical
practitioner (within the meaning of section 3 (interpretation) of the
Health Care Professionals Act 2014) or by a pharmacist of alcohol
made up in medicine;
(c) the sale is by auction of liquor by —
(i) the personal representatives of a deceased person, or the
trustee in bankruptcy of a person or trustee under a deed of
Page 32 AT 24 of 2021 c
arrangement of a person, for the purpose of getting in and

realising the estate of such a person;
(ii) a coroner in the execution of any process or order of a court;
or
(iii) any householder of his or her private stock of liquor when
bona fide removing from his or her residence or breaking up
his or her establishment.
(5) Where regulations under Part 4 require a person to have been granted a
licence to undertake a public entertainment, a person who undertakes that
public entertainment otherwise than in accordance with such a licence
commits an offence.
(6) A person who contravenes subsection (1), (2), (3) or (5) is guilty of an
offence.
Maximum penalty – (summary conviction) – 6 months’ custody and a fine
(7) On the conviction of a person for an offence under subsection (1), (2) or
(3), the court by which the person is convicted may order that all liquor
found in the person’s possession be forfeited.
(8) On the second or subsequent conviction of a person for an offence under
subsection (1), the court by which the person is convicted —
(a) if the person is a licensee, must revoke the licence; and
(b) in any case, may order the person to be disqualified for holding a
licence —
(i) on a second conviction, for a period not exceeding 5 years;
(ii) on a third or subsequent conviction, for any period, or for
life.
(9) In this section “pharmacist” has the same meaning as in the Medicines Act
2003.
Public drunkenness
(1) If any person in a public place —
(a) while drunk acts in an indecent or disorderly manner;
(b) is drunk and incapable of taking care of himself or herself;
(c) is drunk while in charge of any horse or cattle or any carriage or
cart (not being a motor vehicle or a pedal cycle); or
(d) is drunk while in charge of a child under the age of 10 years,
the person is guilty of an offence.
Maximum penalty (summary conviction) a fine of level 3 on the standard
scale.
c AT 24 of 2021 Page 33
(2) A person who appears to be guilty of an offence under subsection (1) may
be arrested without warrant by a police officer.
(3) Where a person —
(a) is charged with an offence under subsection (1)(a) or (b); and
(b) has been convicted of any such offence more than once in the
previous 5 years,
the court before which the person is charged may exercise the powers
conferred by section 23 of the Summary Jurisdiction Act 1989 (remand for
medical reports), although the offence is not punishable with custody.
(4) In this section —
“motor vehicle” has the same meaning as in section 65(1)
(interpretation of expressions relating to motor vehicles and classes
thereof) of the Road Traffic Act 1985;
“public place” includes any highway and any other premises or
place to which at the material time the public have or are permitted
to have access, whether on payment or otherwise.
Drinking in public places

(1) A person who consumes liquor in a public place after being warned by a
police officer not to do so is guilty of an offence.
scale.
(2) A police officer may not give a warning under subsection (1) unless it
appears to the officer that the person concerned —
(a) is acting in an indecent or disorderly manner;
(b) is using indecent or obscene language;
(c) is acting in a manner that has resulted, or is likely to result, in any
member of the public being intimidated, harassed, alarmed or
distressed;
(d) is acting in a manner that has resulted, or is likely to result, in any
member of the public being disturbed in his or her peaceful
enjoyment of the public place; or
(e) is acting in a manner that has caused, or is likely to cause, nuisance
or annoyance to any member of the public.
(3) A person (P) is guilty of an offence if P knowingly —
(a) acts as an agent for a person against whom an order under
section 30(3)(a) is in force in buying any liquor for consumption in
a highway or other public place;
Page 34 AT 24 of 2021 c
(b) acts as an agent for such a person procuring the supply to that
person of any liquor for consumption in a highway or other public
place; or
(c) supplies liquor to such a person for consumption in a highway or
other public place.
(4) A person against whom an order under section 30(3)(a) is in force and who
consumes liquor in a public place is guilty of an offence.
scale.
(5) A person who —
(a) is carrying in a public place an open bottle, flask, can, glass, cup or
other vessel which contains or has contained liquor; and
(b) refuses to comply with a request by a police officer immediately to
deposit the vessel in a receptacle for the deposit of litter or to
deliver it to the officer,
Maximum penalty (summary conviction) —,a fine of level 2 on the
standard scale.
(6) Where an offence under subsection (5) is committed, a police officer may
seize the vessel and may dispose of it as the officer thinks fit.
(7) Nothing in subsections (5) and (6) applies to —
(a) a flask designed to hold no more than 0.2 litres of spirits and to be
carried on the person; or
(b) a chalice or other vessel used in the course of a religious service.
(8) A police officer may require a person who appears to be committing or to
have committed an offence under subsection (1), (3), (4) or (5) to leave the
public place in question immediately, and, if the person fails to do so, the
officer may arrest the person without warrant.
(9) In this section, “public place” has the same meaning as in section 41(4).
(10) The Department may by a direction in writing provide that subsection (1)
does not apply to a public place specified in the direction on such day, and
for such period (not exceeding 12 hours), as may be so specified.
Liqueur confectionery
(1) Any person who knowingly sells liquor in confectionery to any person
under the age of 16 is guilty of an offence.
scale.
c AT 24 of 2021 Page 35
(2) References in this Act (except in this section) to liquor do not include
references to liquor in confectionery which —
(a) does not contain liquor in a proportion of 0.2 litres of liquor
(containing a quantity of ethyl alcohol amounting to 57 per cent. of
the volume of the liquor inclusive of the alcohol contained in it as
at 20OC.) per kilogram of confectionery; and
(b) either consists of separate pieces weighing not more than 42.5
grams or is designed to be broken into such pieces for
consumption.
Regulations: powder liquor or liquor vapour

(1) The Department may by regulations prohibit or regulate the sale or use of
liquor that is in powder form or vapour form.
(2) The regulations may provide that a person who acts on contravention of a
provision of the regulations under subsection (1) is guilty of an offence
and provide that the maximum penalty on summary conviction is a fine
PART 9 – ENFORCEMENT
Offences: general
(1) Where 2 or more persons (whether or not partners) are a licensee, each of
them is liable in respect of an offence against this Act as if the person alone
had been the licensee, and proceedings for such an offence may be brought
against any one or more of those persons.
(2) Where a licensee is charged with an offence under this Act in respect of an
act or omission by an employee or agent of the licensee it is a defence for
the licensee to show —
(a) that the offence was committed without the licensee’s knowledge
or consent; and
(b) that the licensee took all reasonable precautions and used all due
diligence to prevent the commission of the offence.
(3) For the purpose of any provision of this Act imposing a penalty,
disqualification or revocation for a second or subsequent offence, any
conviction more than 5 years previously is disregarded.
(4) Anything declared by a court under this Act to be forfeited must be sold
or otherwise disposed of as that court may direct, and the proceeds must
be applied as a fine imposed by a criminal court.
(5) Where a court under this Act declares any liquor to be forfeited, the
container holding the liquor is forfeited also.
Page 36 AT 24 of 2021 c
Liability of persons other than licensee

In any provision of this Act which imposes any criminal or other liability on a
licensee, or provides for any power to arise or anything to happen on the
conviction of a licensee, the reference to the licensee includes a reference to a
person who at the material time is or was a responsible person for the premises.
Disqualification
(1) If a person who is or has been a licensee has been convicted of any offence
triable on information, or of any other offence prescribed in regulations
made by the Department, the court convicting the person may on the
application of the Chief Constable make an order disqualifying the person
for holding or obtaining a licence under this Act for such period (not
exceeding 2 years) as the Court may direct.
(2) A licence is void if it is granted to a person while an order under this
section is in force in relation to that person.
Suspension or revocation of licence

(1) Despite any other power to suspend or revoke a licence under this Act,
where —
(a) the licensee;
(b) a responsible person; or
(c) an employee or agent of the licensee,
is convicted of any offence under this Act, the court by which the person
is convicted may by order suspend the licence for such period (not
exceeding 4 weeks) as is specified in the order.
(2) The Licensing Court or licensing authority, on an application by the Chief
Constable, may by order suspend a licence in respect of particular
premises for such period (not exceeding 4 weeks) as may be specified in
the order if it is satisfied that —
(a) there is frequent drunkenness or other intoxication or frequent
disorderly conduct on the licensed premises;
(b) persons in a state of intoxication are frequently seen to leave the
premises;
(c) the premises are not so conducted as to avoid drunkenness or
disorderly conduct by persons frequenting the premises; or
(d) the premises are frequently used for any of the activities specified
in section 8 of the Misuse of Drugs Act 1976 (occupiers etc of
premises to be punishable for permitting certain activities to take
place there).
(3) Where under subsection (1) or (2) a court may suspend a licence, it may
instead order that, for such period (not exceeding 4 weeks) as is specified
c AT 24 of 2021 Page 37
in the order, liquor may not be sold, supplied or consumed on the licensed
premises except during such hours as are so specified.
(4) Where an order under subsection (3) is in force, a licensee is guilty of an
offence if the licensee, except during the hours specified in the order, —
(a) sells or supplies liquor to any person in the licensed premises,
whether for consumption on or off the premises;
(b) permits any person to sell or supply liquor to any person in the
licensed premises, whether for consumption on or off the premises;
or
(c) permits any person (other than a person residing on the premises)
to consume liquor on the licensed premises or to take liquor from
the premises.
Maximum penalty (summary conviction) — a fine of level 4 on the
standard scale.
(5) Where a court has power under this section to suspend a licence, and the
licence has already been suspended under any provision of this Act at least
twice in the previous 5 years, it may by order revoke the licence.
(6) If in respect of any licensed premises any of the persons mentioned in
subsection (1) has on 2 or more occasions been convicted of any offence
under this Act (the offences having been committed on different days), the
Licensing Court or licensing authority may, on an application by the Chief
Constable, by order revoke the licence of the licensee in respect of those
premises.
(7) Where an order has been made under subsection (5) or (6), the court may
order that a licence must not be granted in respect of the premises or
person for such period (not exceeding 2 years) as the court may direct.
(8) Before a court suspends or revokes a licence under this section, it must,
unless it determines that it is not practicable to do so, give the licensee an
opportunity to make representations as to why the licence should not be
suspended or revoked, as the case may be.
Suspension or revocation etc pending appeal

(1) This section applies where an order is made revoking or suspending a
licence (a “revocation or suspension order”).
(2) Where this section applies, the Licensing Court or licensing authority, or
the court by which the revocation or suspension order is made, on being
notified by the licensee that the licensee intends to appeal against the
revocation or suspension order or the conviction by virtue of which the
revocation or suspension order was made, may order that the revocation
or suspension be suspended —
(a) until the appeal is determined or abandoned; or
Page 38 AT 24 of 2021 c
(b) if no appeal is entered, until 14 days after the date of the order.
(3) An order under subsection (2) may be made subject to such conditions as
the court by which it is made thinks just.
Entry of licensed premises etc

(1) A police officer may at any time enter licensed premises for the purpose
of preventing or detecting the commission of any offence under this Act.
(2) Where a police officer demands entry to premises, any person who —
(a) fails or refuses to admit the officer; or
(b) permits any employee or agent of the licensee to fail or refuse to
admit the officer,
scale.
Entry and search for illegal sales etc

(1) This section applies where a justice is satisfied by information on oath that
there is reasonable ground for believing that any liquor is sold by retail, or
exposed or kept for sale by retail at any place where it may not lawfully
be sold by retail.
(2) Where this section applies, the justice may by a warrant authorise a police
officer —
(a) to enter that place (which must be named in the warrant), by force
if need be, and search the place for liquor; and
(b) to seize and remove any liquor that the officer has reasonable
grounds for believing to be there for the purpose of unlawful sale
there or elsewhere, or of being supplied or consumed there.
(3) If the owner or occupier of the place from which any liquor has been
removed under subsection (2)(b) is convicted of an offence under —
(a) section 37 (keeping unauthorised liquor); or
(b) section 40(1) (operating without licence),
the court by which the person is convicted must order that any liquor so
removed be forfeited.
(4) If any person is found in a place on an occasion on which a police officer
seizes any liquor in pursuance of a warrant under this section, and on
being asked by a police officer for his or her name and address —
(a) fails or refuses to give them;
(b) gives a false name or address; or
c AT 24 of 2021 Page 39
(c) having given a name or address that the officer has reasonable
grounds for thinking to be false, refuses to answer satisfactorily any
questions put to him or her by the officer to ascertain the
correctness of the name or address given,
the person is guilty of an offence.
scale.
Production of licence etc

If a licensee fails within a reasonable time to produce for examination the licence,
or any order of the Licensing Court or licensing authority relating to the licensed
premises, on being ordered by a justice or a police officer to do so, the person is
guilty of an offence.
Maximum penalty (summary conviction) – a fine of level 2 on the standard scale.
Proof of sale, consumption etc

In any proceedings for an offence under this Act —
(a) evidence that a transaction in the nature of a sale of liquor took
place is evidence of the sale of the liquor without proof that money
passed;
(b) evidence that consumption of liquor was about to take place is
evidence of the consumption of liquor without proof of actual
consumption; and
(c) evidence that any person (other than the occupier of licensed
premises or a person employed in licensed premises) consumed or
intended to consume liquor on the premises is evidence that the
liquor was sold by or on behalf of the licensee to that person.
Inspection of premises
(1) Any member of the Licensing Court or licensing authority may at any
reasonable time enter and inspect any licensed premises.
(2) Any person who obstructs a member of the Licensing Court or licensing
authority in the exercise of any power under subsection (1) is guilty of an
offence.
scale.
(3) On the conviction of the licensee, or a person acting on the instructions of
the licensee, of an offence under subsection (2), the Licensing Court or
licensing authority by which the person is convicted may revoke the
licence.
Page 40 AT 24 of 2021 c
Closure of premises in case of riot or violence, etc.

(1) If a riot happens or is expected to happen at any place, a justice, or a police
officer of the rank of inspector or above, may in writing direct every
licensee for premises in or near that place to close his or her premises for
such period as is specified in the direction.
(2) If any violent behaviour happens on any licensed premises, a justice, or a
police officer of the rank of inspector or above, may in writing direct the
licensee to close the premises for such period as is specified in the
direction.
(3) The period specified in a direction under subsection (1) or (2) must not
exceed the following period after the giving of the direction —
(a) 60 hours at a time, in the case of a direction by a justice;
(b) 6 hours at a time, or 12 hours in the aggregate in any period of 3
days, in the case of a direction by a police officer.
(4) Before giving a direction under subsection (1) or (2) the justice or a police
officer of the rank of inspector or above must, unless the person
determines that it is not practicable to do so, give the licensee an
opportunity to make representations as to why the direction should not be
given.
(5) If any person knowingly keeps premises open for the sale of liquor during
the time that they are directed to be closed under subsection (1) or (2), the
person is guilty of an offence
scale.
(6) Any person acting by the order of a justice, or of a police officer of the rank
of inspector or above, as the case may be, may use such force as is
necessary for the purpose of closing premises directed to be closed under
subsection (1) or (2).
Regulations: fixed penalties

(1) Regulations made under this Act may make provision conferring on a
police officer or a person authorised by the licensing authority (if
established, and in accordance with powers granted under regulations
made under section 11) (“administrator”) the power by notice to impose a
monetary penalty (which may be a fixed or a variable penalty) on a person
who breaches the regulation or such provisions of this Act as may be
specified in the regulations.
(2) Regulations may only confer such a power in relation to a case where the
administrator is satisfied on the balance of probabilities that the breach has
occurred.
c AT 24 of 2021 Page 41
(3) For the purposes of this section a “fixed monetary penalty” is a

requirement to pay to an administrator a penalty of an amount specified
in or determined in accordance with the regulations or order (as the case
may be).
(4) Regulations may not provide for the imposition of a fixed monetary
penalty that is —
(a) unreasonable, having had regard to the severity of the breach of the
regulations or order in question; and
(b) in any circumstance, in excess of the amount of a fine of level 2 on
the standard scale or, where the level of fine which may be imposed
is a fine of level 1 on the standard scale, in excess of the amount of
a fine of level 1.
(5) Where an administrator proposes to impose a fixed monetary penalty on
a person, the administrator must serve on that person a notice of what is
proposed (a “notice of intent”) that complies with subsection (6).
(6) The notice of intent may offer the person the opportunity to discharge the
person’s liability for the fixed monetary penalty by payment of a specified
sum (which must be less than or equal to the amount of the penalty) within
a specified period.
(7) If the person does not so discharge liability —
(a) the person may make written representations and objections to the
administrator in relation to the proposed imposition of the fixed
monetary penalty within a specified period; and
(b) the administrator must at the end of the period for making
representations and objections decide whether to impose the fixed
monetary penalty.
(8) Where the administrator decides to impose the fixed monetary penalty,
the notice imposing it (“the final notice”) must include information as
to —
(a) the grounds for imposing the penalty;
(b) how payment may be made;
(c) the period within which payment must be made;
(d) any early payment discounts or late payment penalties;
(e) rights of appeal and the grounds on which a person may appeal
specified in subsection (9); and
(f) the consequences of non-payment.
(9) For the purposes of subsection (8)(e) the grounds on which a person may
appeal against a decision of the administrator include the following —
(a) that the decision was based on an error of fact;
(b) that the decision was wrong in law;
Page 42 AT 24 of 2021 c
(c) that the decision was unreasonable.

(10) If regulations confer power on an administrator to require a person to pay
a fixed monetary penalty, the regulations may include provision —
(a) for early payment discounts;
(b) for the payment of interest or other financial penalties for late
payment of the penalty, such interest or other financial penalties
not in total to exceed the amount of that penalty;
(c) for enforcement of the penalty.
(11) Provision under subsection (10)(c) may include —
(a) provision for the administrator to recover the penalty, and any
interest or other financial penalty for late payment, as a civil debt;
(b) provision for the penalty, and any interest or other financial
penalty for late payment to be recoverable, on the order of a court,
as if payable under a court order.
(12) The regulations must provide for the making of an appeal to a court of
summary jurisdiction.
(13) If the regulations make provision for an appeal in relation to the
imposition of any requirement or service of any notice, they may include
provision suspending the requirement or notice pending determination of
the appeal.
(14) Any monetary penalty received under regulations made under this section
forms part of the General Revenue.
PART 10 – GENERAL
Licensing objectives
(1) When exercising its functions under this Act the Department must have
regard to the licensing objectives.
(2) “Licensing objectives” means the following objectives —
(a) securing public safety;
(b) preventing crime and disorder;
(c) preventing public nuisance;
(d) protecting and improving public health;
(e) protecting children from harm;
(f) providing an environment in which the hospitality industry may
flourish; and
(g) promoting high standards across the hospitality industry;
(3) The Department may by order amend subsection (2).
c AT 24 of 2021 Page 43
Tynwald procedure – approval required.
Regulations and Orders: general

(1) Any power conferred by this Act on the Department to make regulations
or orders includes power to make such consequential, incidental,
supplementary, transitory, transitional or saving provision as the
Department considers appropriate.
(2) Regulations or orders under this Act may modify any enactment
(including this Act) for the purposes of ensuring the proper operation of
this Act.
(3) Regulations or orders under this Act may create offences, provided that
the penalty upon conviction of a person of an offence must not exceed, on
summary conviction, a fine of level 3 on the standard scale.
(4) Regulations under this Act may provide for the exercise of discretion by
the Department, Licensing Court or licensing authority in respect of a
matter specified in the regulations.
(5) Except as otherwise provided, the procedure in section 30 (“approval
required”) of the Legislation Act 2015 applies in relation to the making of
any regulations or orders under this Act.
Consultation
Except as otherwise provided in this Act, before exercising any power to make
regulations or an order under this Act, the Department must consult —
(a) the Licensing Forum;
(b) the Deemsters and the High Bailiff;
(c) the licensing authority (if established);
(d) any person to whom the regulations or order relate, or person
appearing to the Department to represent such person; and
(e) any other person that the Department considers appropriate.
Fees
(1) The Department may by regulations prescribe any fees that are required
to be paid for the purpose of the administration of this Act and, in
particular, for fees in respect of —
(a) applications for licences, granting of licences, variations of licences
and appeals;
(b) registrations; and
(c) training courses and certification of training.
Tynwald procedure – negative.
(2) Regulations under subsection (1) may —
Page 44 AT 24 of 2021 c
(a) grant an exemption from the payment of a fee; or

(b) grant a discount or deferral in respect of any fee payable under
such regulations.
(3) The Department may amend or cancel such exemption, discount or
deferral —
(a) where a condition upon which it is granted is not satisfied; or
(b) in any other circumstances, subject to giving reasonable notice to a
person to whom the exemption, discount or deferral under
subsection (2) applies.
Guidance and codes of practice

(1) The Department may by order approve any code of practice issued under
this Act (whether by the Department or not, and whether in the Island or
elsewhere) for the purpose of —
(a) giving practical guidance to persons engaged in liquor licensing or
public entertainments; and
(b) promoting what appears to it to be desirable practices by such
persons for promoting the licensing objectives.
Tynwald procedure – affirmative.
(2) Subsect to subsection (3), the Licensing Court or licensing authority may
impose as a condition of a licence that the licensee must comply with a
code of practice approved under subsection (1).
(3) A contravention of a code of practice for the time being approved under
this section shall not by itself give rise to any criminal or civil liability but
if, in any proceedings whether civil or criminal, it is alleged that a person
has contravened a provision of this Act, a failure to comply with a code of
practice that at that time was approved may be relied upon as tending to
establish liability.
(4) A code of practice approved by order made under subsection (1) must be
laid before Tynwald and published.
(5) The Department may issue guidance to persons required to be licensed
under this Act and if any such guidance is issued it must be published.
Restrictive agreements
(1) Despite any agreement or arrangement to the contrary, the tenant of
licensed premises may purchase beer from any person.
(2) Any agreement or arrangement which restricts or controls a tenant of
licensed premises in the purchase of beer is void.
(3) Where any premises have at any time been licensed under the Licensing
Act 1995 or this Act, any provision in an agreement, arrangement or deed
c AT 24 of 2021 Page 45
entered into after the coming into operation of this section which prohibits
the premises from being licensed under this Act, or otherwise restricts the
use of the premises as licensed premises, shall have no effect.
Information sharing
(1) The Department may by regulations make a scheme for the sharing of
information between the Chief Constable and licensees about —
(a) persons who are subject to any court order under this Act which
excludes the person from licensed premises;
(b) persons who are refused admission to licensed premises or refused
liquor under section 33(1);
(c) persons who are ordered to leave licensed premises under section
33(2); or
(d) persons who are refused admission to or expelled from licensed
premises under section 33(5).
(2) The regulations, if made, must specify —
(a) the nature of the information that may be shared;
(b) the constraints to sharing the information, having regard, in
particular to the data protection legislation (within the meaning
given in regulation 5(1) of the GDPR and LED Implementing
Regulations 20181, as they have effect from time to time;
(c) the processes for exchanging the information;
(d) the restrictions on the information supplied and the purposes for
which it may be used; and
(e) such other measures as the Department considers to be appropriate
for ensuring compliance with the data protection legislation.
(3) The regulations may include provisions for the sharing of information of
persons who are not persons described in subsection (1)(a) or (b) but who
have requested licensees to take measures that will assist the person in his
or her efforts to reduce the amount of liquor he or she consumes.
PART 11 – REPEALS, AMENDMENTS AND TRANSITIONAL

ARRANGEMENTS
Transitional provisions, amendments and repeals

(1) The enactments specified in Schedule 1 are repealed.
(2) The amendments specified in Schedule 2 have effect.
1 SD No. 2018/0145, as amended
Page 46 AT 24 of 2021 c
(3) Schedule 1 and schedule 2 may be amended by an order made under

section 2.
Triennial session of the Court under the Licensing Act 1995 extended
After section 4(5) of the Licensing Act 1995 insert —
«(6) Notwithstanding subsection (1) and (5), where a triennial sitting of
the court is due to be held before 31st March 2022, that sitting shall
instead be held before 31st March 2023.».
Period of licence granted under the Music and Dancing Act 1961
extended
In section 7 of the Music and Dancing Act 1961 –
(a) Renumber the text beginning “Subject to the provisions of this Act”
as subsection (1);
(b) after subsection (1) insert
«(2) Notwithstanding subsection (1)(c), where a licence is due to expire
on a specified day in the year 2021 or on 1st April 2022, that licence
shall instead expire on the corresponding day in the year 2023.».
c AT 24 of 2021 Page 47
Liquor Licensing and Public Entertainments Act 2021 SCHEDULE 1
SCHEDULE 1
[Section 64(1)]
REPEALS
The following enactments are repealed —

Local Government (Singing Rooms) Act 1928;
Music and Dancing Act 1961;
Music and Dancing Act 1971;
Licensing Act 1995;
Licensing (Amendment) Act 2020;
Sections 243 to 253 of the Local Government Consolidation Act 1916;
Section 2 of the Local Government (Miscellaneous Provisions) Act 1976.
c AT 24 of 2021 Page xlix

SCHEDULE 2 Liquor Licensing and Public Entertainments Act 2021
SCHEDULE 2
AMENDMENT OF ENACTMENTS
Section 64(2)
1 Casino Act 1986 amended

In the Casino Act 1986 —
(a) in sections 3(9), for “Licensing Act 1961” substitute «Liquor
Licensing and Public Entertainments Act 2021»;
(b) in section 5(6)(c), for “section 134(1) of the Licensing Act 1961
(drunkenness in licensed premises)” substitute «section 30(1) of
the Liquor Licensing and Public Entertainments Act 2021»;
(c) in section 5A(1)(a) for “Licencing Act 1995” substitute «Liquor
Licensing and Public Entertainments Act 2021»;
(d) in sections 8(1), 12H(1), 12H(2)(b) and 22, in the definition of
“liquor”, for “Licensing Act 1995” substitute «Liquor Licensing and
Public Entertainments Act 2021»;
(e) in section 8(2)(a), for “section 9(1) of the Licensing Act 1995”
substitute «section 15(1) or (2) (regulations: determination of
application) of the Liquor Licensing and Public Entertainments Act
2021»;
(f) sections 12C(13) and 16 are repealed;
(g) in section 12H(3)(a), for “section 9(1) of the Licensing Act 1995”
substitute «section 15(1) or (2) (regulations: determination of
application) of the Liquor Licensing and Public Entertainments Act
2021»;
(h) in section 12I, for “section 37 of the Licensing Act 1995” substitute
«section 35 of the Liquor Licensing and Public Entertainments Act
2021»;
(i) for Schedule 1 there is substituted —
«SCHEDULE 1
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS SUBJECT TO
WHICH THE LIQUOR LICENSING AND PUBLIC ENTERTAINMENTS
ACT 2021 APPLIES
[Section 8]
(1) References to a licence shall be construed as references to a licence

under section 8(2) or 12H(3) of this Act (as the context requires) and
Page 50 AT 24 of 2021 c
Liquor Licensing and Public Entertainments Act 2021 SCHEDULE 2
“holder of a licence” and “licensed premises” shall be construed

accordingly.
(2) The following provisions shall not apply —
Part 2 (licensing courts);
Part 4 (licences) except section 15;
sections 28 (alterations);
section 29 (display of notices at licensed premises);
section 35 (gaming on licensed premises);
section 39 (appeals);
section 47 (disqualification);
section 54 (inspection of premises).».
2 Cinematograph Act 1977 amended

In the Cinematograph Act 1977 —
(a) in section 10(2), for “section 56 of the Licensing Act 1995” substitute
«section 39 of the Liquor Licensing and Public Entertainments Act
2021»;
(b) in section 11(1), for “under the Music and Dancing Act 1961, and an
authorisation under section 28 of the Licensing Act 1995 or an order
under section 55 of that Act” substitute «under the Liquor Licensing
and Public Entertainments Act 2021».
3 Highways Act 1986 amended

In section 78(16) of the Highways Act 1986 (provision of cafes, kiosks, etc. in
highways) for “Section 57 (selling liquor without licence) of the Licensing Act
1995” substitute «Section 40 (operating without licence) of the Liquor Licensing
and Public Entertainments Act 2021».
4 Hypnotism Act 1988 amended

Section 3(2) of the Hypnotism Act 1988 is repealed.
5 Water Act 1991 amended

In Schedule 6 (requirement to take metered supply) to the Water Act 1991, in
paragraph 3(2)(c), for “(with the meaning of the Licensing Act 1995)” substitute
«(within the meaning of the Liquor Licensing and Public Entertainments Act
2021)».
c AT 24 of 2021 Page li
SCHEDULE 2 Liquor Licensing and Public Entertainments Act 2021
6 Noise Act 2006 amended

In section 1(4) (investigation of complaints of noise from premises at night) of the
Noise Act 2006 —
(a) in paragraph (b), after the semi-colon insert «and»; and
(b) for paragraphs (c), (d) and (e) substitute —
«(c) licensed premises under the Liquor Licensing and Public
Entertainments Act 2021.».
7 Equality Act 2017 amended

In Schedule 3 of the Equality Act 2017, for paragraph 32(4)(c) substitute —
«(c) “sale by retail” has the meaning given in section 5 of the
Liquor Licensing and Public Entertainments Act 2021; and».
8 Other minor and consequential amendments

In the provisions of the following enactments, for “Licensing Act 1995” there is
substituted “Liquor Licensing and Public Entertainments Act 2021” –
Enactment Provision
Mines and Quarries Regulation Act Section 7 (prohibition of payment of wages at
1950 public houses, etc)
Children And Young Persons Act 1966 Section 5 (giving intoxicating liquor to
children under five)
Custody Act 1995 Schedule 1A (security of institutions),
paragraph 1(3)(a)
Education Act 2001 Section 21D(6) (discipline: supplementary), in
the definition of “liquor”
Road Transport Act 2001 Section 43(5) (supply of liquor to driver or
conductor)
Control of Employment Act 2014 Schedule 1 (exemptions), paragraph 10(1)
(interpretation), in the definition of “licensed
premises)
Elections (Keys and Local Authorities) Section 119(4) and (5) (disciplinary action on
Act 2020 report etc. of corrupt practice)
-----------------------------------------------------------
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Page 52 AT 24 of 2021 c

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LIQUOR LICENSING AND PUBLIC

PART 2 – LICENSING COURT AND LICENSING COURT OF APPEAL 11

PART 3 – LICENSING AUTHORITY 12

PART 5 – RESTRICTED AREAS 19

PART 6 – CONDUCT ON LICENSED PREMISES 19

PART 8 – OTHER OFFENCES 32

Regulations: fixed penalties ........................................................................................ 41

PART 11 – REPEALS, AMENDMENTS AND TRANSITIONAL

“Appeal Court” means the Licensing Court of Appeal;

“public entertainment” and “entertainment” have the meanings given in

Meaning of “entertainment” and “public entertainment”

(ii) by the reproduction of programmes included in a

Meaning of “sale by retail”

Meaning of “resident on licensed premises”

PART 2 – LICENSING COURT AND LICENSING COURT OF

The Licensing Court

The Licensing Court of Appeal

PART 3 – LICENSING AUTHORITY

Establishment of licensing authority

Regulations: types of licence

Regulations: application for licence

Regulations: determination of application for licence

(a) prohibiting or restricting the brewing, distillation, storage or

(a) any conditions to which the licence is subject; and

Regulations: suspension, revocation or surrender of licences

Regulations: renewal of licences

(c) licences suspended or revoked by the Licensing Court or the

Employment of staff on licensed premises

PART 5 – RESTRICTED AREAS

PART 6 – CONDUCT ON LICENSED PREMISES

Notification of opening hours

Control of consumption of liquor by minors

Licensee or responsible person to be on licensed premises at all times

Supply of excess quantity

Alterations to licensed premises

(a) gives increased facilities for drinking;

Display of notices at licensed premises

Misbehaviour of persons: preventing entry into licensed premises or

(a) authorising any person directed to do so by the Chief Constable to

Procuring drink for intoxicated persons on licensed premises

Assault on staff of licensed premises

Expulsion etc. of persons from licensed premises

(b) refuse to supply liquor to any person.

Prostitution etc on licensed premises

court on an application by the Chief Constable must by order revoke the

Gaming on licensed premises

Misuse of drugs on licensed premises

Keeping unauthorised liquor

Consumption on or near licensed premises

PART 8 – OTHER OFFENCES

Operating without licence

arrangement of a person, for the purpose of getting in and

Drinking in public places

Regulations: powder liquor or liquor vapour

Liability of persons other than licensee

Suspension or revocation of licence

Suspension or revocation etc pending appeal

Entry of licensed premises etc

Entry and search for illegal sales etc