Exclusion from licensed premises and drink banning orders
Exclusion from licensed premises and drink banning orders

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Exclusion from licensed premises and drink banning orders
  • Exclusion from licensed premises
  • Meaning
  • Procedure
  • Ancillary to sentence
  • Duration
  • Breach
  • Power to expel from licensed premises
  • Drink banning orders
  • Power to make orders on conviction
  • More...

STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date when the offence was committed. The Sentencing Code is the name given to Parts 2–13 of the Sentencing Act 2020 (SA 2020) which together comprise the consolidated rules of procedure for the sentencing of criminal offences by the criminal courts in England and Wales. This Practice Note contains links to sentencing legislation which have been moved into the Sentencing Code and is in the process of being updated. See Practice Note: Sentencing Code for further information on the Sentencing Code and for assistance in locating relevant provisions within the Code.

Exclusion from licensed premises

Meaning

An order under the Licensed Premises (Exclusion of Certain Persons) Act 1980 (LP(ECP)A 1980) excluding a defendant from licensed premises prohibits that person from entering the premises where the offence occurred or any other licensed premises specified in the order without the express consent of the licensee or the licensee’s agent.

In R v Grady (1990) 12 Cr App Rep (S) 152, which was decided before the enactment of the Licensing Act 2003, it was held that ‘licensed premises’ meant premises in respect of which a justices’ on licence was in force.

Procedure

A court may make an exclusion order under LP(ECP)A 1980 where a defendant is

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