UK Offence Report

Duty to post notice of Special Occasions restriction order on premises

article 8(3) of The Regulatory Reform (Special Occasions Licensing) Order 2001

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

3 A person contravening this article shall be liable to

a fine not exceeding level

1 on the standard scale.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 8(3)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Regulatory Reform (Special Occasions Licensing) Order 2001.

Penalty

Mode of trial
Not determined
Maximum fine
£200
Standard scale
Level 1
Maximum prison (summary)
Not determined

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
6 December 2001
In force from
7 December 2001
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order is made under section 1 of the Regulatory Reform Act 2001. It reforms the law relating to licensing hours which has the effect of imposing burdens on people carrying out certain activities with a view to reducing those burdens in respect of New Year’s Eve 2001. It does so by amending the Licensing Act 1964 to relax the licensing hours on New Year’s Eve 2001. The effect of the Order is to allow the sale of intoxicating liquor in licensed premises other than off-licences, in registered clubs and in licensed canteens in the period between what would otherwise be the end of the permitted hours on New Year’s Eve 2001 and the beginning of the permitted hours on New Year’s Day 2002. Power is conferred on the licensing authorities to make an order (a “Special Occasions restriction order”) the effect of which is to prevent all or any of the additional hours from applying in any premises where they consider it desirable to avoid or reduce disturbance, annoyance or disorderly conduct. The police, local residents and local authorities may apply for such orders. Provision is made as to the procedure for making such orders.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.68.

Basis
the provision states a penalty in older drafting
Confidence
0.68 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source