The 2003 Act gives more freedom and flexibility for businesses and consumers, but this has been very carefully balanced with extremely strong and flexible powers to deal with the small number of businesses who fail to comply with licensing laws. The 2003 Licensing Act applies to:
Retaining or modernising the existing offences of:
Expanding the existing court powers, on application by the police, to close all licensed premises and those for which a temporary event notice has effect within a specified geographical area for up to 24 hours where disorder is occurring or anticipated. Expanding the police powers to close down disorderly and excessively noisy licensed premises such as pubs, nightclubs, restaurants and hotels, one off raves instantly for up to 24 hours.
Abolishing the fixed and artifically early closing times which encouraged binge drinking and resulted in large numbers of young people hitting the streets simultaneously, causing the police enormous difficulties.
Providing a mechanism for reviewing licences when problems relating to the licensing objectives arise, backed by an extended range of measures.
Allowing the police, or indeed any responsible authority or interested party (such as a local resident) to ask the licensing authority to review a licence at any time on grounds relating to any of the four licensing objectives.
Allowing a flexible range of measures to be taken after the review that hit the profits of the business including:
Enabling the police to seek court orders banning the sale of alcohol on train routes or at stations either temporarily or permanently.
Banning the sale of alcohol on any moving motor vehicle.
Bringing river and coastal "booze cruises" into the licensing regime (at present such "cruises" can legitimately be laid on for 14 year olds and are totally uncontrolled) and thereby extend the police closure powers to them.
It now:
It is an offence to sell alcohol to people under 18 anywhere in England and Wales.
It is an offence to supply alcohol to children in non-profit making clubs (Labour, Liberal, Conservative, ex-services, sports, social and working men's clubs) of which there are 22,000 in England and Wales or 17 per cent of all drinking establishments.
It increases the maximum fine for selling or supplying alcohol to children to £5,000. The 2003 Act makes it possible to suspend or forfeit personal licences at first offence, and keeps test purchasing on a statutory footing.