Licensing Act 1921

JurisdictionUK Non-devolved
Citation1921 c. 42


Licensing Act, 1921

(11 & 12 Geo. 5.) CHAPTER 42.

An Act to amend the law relating to the sale and supply of intoxicating liquor, and for purposes in connection therewith.

[17th August 1921]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Conditions of Sale, &c., of Intoxicating Liquor

Part I.

Conditions of Sale, &c., of Intoxicating Liquor

S-1 Permitted hours on week days.

1 Permitted hours on week days.

(1) The hours during which intoxicating liquor may be sold or supplied on week days in any licensed premises or club, for consumption either on or off the premises, shall be as follows, that is to say: eight hours, beginning not earlier than eleven in the morning and ending not later than ten at night, with a break of at least two hours after twelve (noon):

Provided that—

(a ) in the application of this provision to the metropolis ‘nine’ shall be substituted for ‘eight,’ and ‘eleven at night’ shall be substituted for ‘ten at night’; and

(b ) the licensing justices for any licensing district outside the metropolis may by order, if satisfied that the special requirements of the district render it desirable, make, as respects their district, either or both of the following directions—

(i) that this provision shall have effect as though ‘eight and a half’ were substituted for ‘eight’ and ‘half-past ten at night’ were substituted for ‘ten at night’;

(ii) that this provision shall have effect as though some hour specified in the order earlier than eleven, but not earlier than nine, in the morning were substituted for ‘eleven in the morning.’

(2) Subject to the foregoing provisions, the permitted hours on week days shall be such as may be fixed, in the case of licensed premises by order of the licensing justices of the licensing district, and in the case of a club in accordance with the rules of the club:

Provided that, pending any decision under this subsection, the permitted hours on week days shall be—

(a ) in the metropolis, the hours between half-past eleven in the morning and three in the afternoon, and between half-past five in the afternoon and eleven at night; and

(b ) elsewhere, the hours between half-past eleven in the morning and three in the afternoon, and between half-past five in the afternoon and ten at night.

S-2 Permitted hours on Sundays.

2 Permitted hours on Sundays.

(1) The hours during which intoxicating liquor may be sold or supplied on Sundays, Christmas Day and Good Friday in any licensed premises or club, for consumption either on or off the premises, shall be as follows, that is to say, five hours, of which not more than two shall be between twelve (noon) and three in the afternoon, and not more than three between six and ten in the evening:

Provided that in Wales and Monmouthshire there shall be no permitted hours for licensed premises on Sundays, or on Christmas Day when it falls on a Sunday.

(2) Subject to the foregoing provisions, the permitted hours on Sundays shall be such as may be fixed, in the case of licensed premises by order of the licensing justices of the licensing district, and in the case of a club in accordance with the rules of the club:

Provided that, pending any decision under this subsection, the permitted hours on Sundays, Christmas Day and Good Friday, shall be the hours between half-past twelve and half-past two in the afternoon, and the hours between seven and ten in the evening.

S-3 Special provision as to extension of permitted hours in the evening in certain premises.

3 Special provision as to extension of permitted hours in the evening in certain premises.

(1) The provisions of this Act as to permitted hours on week-days shall, as respects licensed premises or clubs to which this section applies, have effect, if the holder of the licence or the committee of the club so elects, as though one hour were added at the end of the permitted hours in the evening:

Provided that any intoxicating liquor sold or supplied during that hour shall be sold or supplied only for consumption at a meal supplied at the same time in such portion of the premises as is usually set apart for the service of meals, and no person shall consume or be permitted to consume any intoxicating liquor on the premises during that hour except such meal, and any drinking bar in the said premises shall be closed during that hour.

(2) This section applies to any licensed premises or clubs if and so long as the licensing justices are satisfied that they are structurally adapted and bon fide used or intended to be used for the purpose of habitually providing, for the accommodation of persons frequenting the premises, substantial refreshment, to which the sale and supply of intoxicating liquor is ancillary.

(3) The holder of the licence, or the secretary of the club, shall give not less than fourteen days' previous notice in writing to the superintendent of the police of the district wherein the premises are situate of the date on which he intends to begin to avail himself of the provisions of this section; and on and after that date shall affix and keep permanently affixed in some conspicuous place in the premises a notice to the effect that the provisions of this section apply to the premises; and the said provisions shall apply accordingly for the period of the current licensing year, and shall continue to apply unless the holder of the licence or secretary gives not less than fourteen days' notice in writing before the expiration of any licensing year to the superintendent of the police aforesaid that he intends to cease to avail himself of the provisions of this section, in which case the said provisions shall cease to apply at the end of that year.

S-4 Effect of restricted hours.

4 Effect of restricted hours.

4. Subject to the provisions of this Part of this Act, no person shall, except during the permitted hours—

a ) either by himself, or by any servant or agent sell or supply to any person in any licensed premises or club any intoxicating liquor to be consumed either on or off the premises; or
b ) consume in or take from any such premises or club any intoxicating liquor
S-5 Exemptions and saving provisions.

5 Exemptions and saving provisions.

5. Nothing in the foregoing provisions of this Part of this Act shall be deemed to prohibit or restrict—

a ) the sale or supply to, or consumption by, any person of intoxicating liquor in any licensed premises or club where he is residing; or
b ) the ordering of intoxicating liquor to be consumed off the premises, or the despatch by the vendor of liquor so ordered; or
c ) the supply of intoxicating liquor for consumption on licensed premises to any private friends of the holder of the licence bona fide entertained by him at his own expense, or the consumption of intoxicating liquor by persons so supplied; or
d ) the consumption of intoxicating liquor with a meal by any person in any licensed premises or club at any time within half an hour after the conclusion of the permitted hours, provided that the liquor was supplied during permitted hours and served at the same time as the meal and for consumption at the meal; or
e ) the sale of intoxicating liquor to a trader for the purposes of his trade, or to a club for the purposes of the club; or
f ) the sale or supply of intoxicating liquor to or in any canteen where the sale of intoxicating liquor is carried on under the authority of a Secretary of State or the Admiralty, or to any authorised mess of officers or non-commissioned officers of His Majesty's naval, military or air forces
S-6 Application and adaptation of Licensing Act.

6 Application and adaptation of Licensing Act.

(1) The foregoing provisions of this Act shall have effect in lieu of section fifty-four of, and the Sixth Schedule to, the Licensing (Consolidation) Act, 1910 , but (subject as hereinafter provided in this Act), all the other provisions of that Act with respect to closing hours shall continue in force.

(2) The provisions of the Licensing (Consolidation) Act, 1910, specified in Part I. of the First Schedule to this Act shall be repealed, and the provisions of that Act specified in Part II. of that Schedule shall have effect subject to the modifications provided for in that Part of that Schedule.

S-7 Conditions as to distribution.

7 Conditions as to distribution.

(1) No person shall either by himself or by any servant or agent—

(a ) sell, supply, distribute, or deliver, or induce any person to sell, supply, distribute or deliver any intoxicating liquor from any van, barrow, basket or other vehicle or receptacle, unless before the liquor is despatched it has been ordered and the quantity, description and price thereof, together with the name and address of the person to whom it is to be supplied, has been entered in a delivery book or invoice, which shall be carried by the person delivering the liquor, and in a day book which shall be kept on the premises from which the liquor is despatched; or

(b ) carry or convey in any van, barrow, basket or other vehicle or receptacle, while in use for the distribution or delivery of intoxicating liquor, any such liquor not entered in such delivery book or invoice and day book; or

(c ) distribute or deliver any intoxicating liquor at any address not specified in such delivery book or invoice and day book; or

(d ) refuse to allow any constable to examine such van, barrow, basket or other vehicle or receptacle, or such delivery book or invoice:

Provided that the holder of a licence shall not be liable to any penalty under this section in respect of an offence committed by his servant or...

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