If a term or phrase has a specific (and relevant) legal definition in UK law, can I use it to mean something else, and can I use it to mean something else without first telling the other party what I mean instead? (to be clear; I'm not actually trying to do this, but someone else is trying to do it to me).
For example: In the UK, the definition of a Licensed Premises is set out in The Licensing Act 2003 as [a] premises in respect of which a premises licence has effect.
Given this, can I legally use the phrase 'licensed premises' to refer to only those parts of the premises that I intend to sell alcohol from, rather than the entire premises?
I see three possible options:
- I can use the phrase to mean whatever I like, the fact that a legal term with the same phrasing exists is irrelevant
- I can use the phrase, but only if I make it clear that I am redefining it. If I don't redefine it, then it has it's normal legal meaning.
- I cannot redefine the phrase at all. It has it's normal legal meaning, and only Parliament can make it mean something else
My gut feeling is that 2) is broadly correct, as the other two seem like they would lead to issues, but I suspect that the answer is (as always) more complicated than that.