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Licensing Act 1964

1964 CHAPTER 26

An Act to consolidate certain enactments relating to the sale and supply of intoxicating liquor in England and Wales and to matters connected therewith; with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.

[25th March 1964]

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Modifications etc. (not altering text)

C1Act subject to transfer of powers in part (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C3Functions of clerk of court, where the court is the Crown Court, now exercisable by the appropriate officer of the Crown Court: Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. I

Commencement Information

I1Act wholly in force at 1st January 1965 see s. 204(2).

Part IE+W The General Licensing System

Justices’ licences and provisions as to licensing justicesE+W

1 Justices’ licenses.E+W

(1)In this Act . . . F1justices’ licence” means a licence under this Part of this Act authorising . . . F1 the sale by retail of intoxicating liquor (and also, in the case of a licence granted to a club for club premises, for its supply to or to the order of members otherwise than by way of sale).

(2)In this Act “justices’ on-licence” and “justices’ off-licence” mean respectively—

(a)a justices’ licence . . . F1 authorising sale for consumption either on or off the premises for which the licence is granted; and

(b)a justices’ licence . . . F1 authorising sale for consumption off those premises only.

(3)A justices’ licence shall be in such form as the Secretary of State may prescribe [F2and—

(a)in the case of a justices’ on-licence may authorise the sale—

(i)of intoxicating liquor of all descriptions; or

(ii)of beer, cider and wine only; or

(iii)of beer and cider only; or

(iv)of cider only; or

(v)of wine only;

(b)in the case of a justices’ off-licence, may authorise the sale—

(i)of intoxicating liquor of all descriptions; or

(ii)of beer, cider and wine only.]

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Amendments (Textual)

2 Licensing justices and districts. E+W

[F3(1)The licensing districts for the purposes of this Act shall be the petty sessions areas F4. . .]

[F5(2)The licensing justices for any petty sessions area shall be a committee (which shall be known as the area licensing committee) of the justices acting for that area.]

(2A)F4. . .

(3)For the purpose of carrying out their functions under this Act the licensing justices for each district shall hold licensing sessions as follows, that is to say,—

(a)a general annual licensing meeting, and

(b)not less than four . . . F6 transfer sessions,

in the twelve months beginning with February in every year.

(4)Except where this Act otherwise provides, all powers exercisable by licensing justices under this Act may be exercised at any licensing sessions, but this subsection shall not affect the operation of any enactment in so far as it expressly authorises licensing justices to act otherwise than at a licensing sessions.

(5)Part I of Schedule 1 to this Act shall have effect with respect to the constitution and procedure of licensing committees and Part II thereof with respect to the holding of licensing sessions.

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Amendments (Textual)

F4Words in s. 2(1), and s. 2(2A) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3), Sch. 15, Pt. V (1) (with SCh. 14 para. 7(2))

F5S. 2(2) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10, paras. 23, 24 (with Sch. 14 para. 7(2))

Modifications etc. (not altering text)

Grant of justices’ licenceE+W

3 Grant of justices’ licence.E+W

(1)Licensing justices may grant a justices’ licence to any such person, not disqualified under this or any other Act for holding a justices’ licence, as they think fit and proper.

(2)A justices’ licence may be granted as a new licence or by way of renewal, transfer or, subject to section 93(4) of this Act, removal.

(3)In this Act—

(a)renewing a justices’ licence means granting a justices’ licence for any premises to the holder of a similar licence in force for those premises;

(b)removing a justices’ licence means taking it from the premises for which it was granted and granting it for other premises;

(c)transferring a justices’ licence means granting it for any premises to a person in substitution for another person who holds or has held a licence for those premises.

(4)Schedule 2 to this Act shall have effect with regard to the procedure to be followed in relation to applications for the grant of a justices’ licence.

4 New licences.E+W

(1)Subject to the provisions of Part IV of this Act, licensing justices granting a new justices’ on-licence, other than a licence for the sale of wine alone . . . F7, may attach to it such conditions governing the tenure of the licence and any other matters as they think proper in the interests of the public; but no payment may be required in pursuance of a condition attached under this subsection.

(2)Subject to section 113 of this Act, licensing justices shall not grant a new justices’ on-licence for premises unless the premises are in their opinion structurally adapted to the class of licence required.

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Amendments (Textual)

5 Removals.E+W

(1)Subject to the following provisions of this Act, licensing justices shall have the same power to grant a removal of a justices’ licence as they have to grant a new licence.

(2)Licensing justices may grant an ordinary removal to premises in their licensing district from any other premises, whether in that district or not.

(3)An application for a removal shall be made by the person wishing to hold the licence after the removal.

(4)Subject to sections 113, 122 and 126 of this Act, licensing justices shall not grant the removal of a justices’ on-licence to any premises unless in their opinion the premises are structurally adapted to the licence.

(5)Licensing justices shall not grant an ordinary removal unless they are satisfied that no objection to the removal is made—

(a)where the licence is a justices’ on-licence, by the owner of the premises from which it is sought to remove the licence or by the holder of the licence,

(b)where the licence is a justices’ off-licence, by the holder of the licence,

or by any person other than the owner of the said premises and the holder of the licence or, as the case may be, other than the holder of the licence, whom the justices consider to have a right to object to the removal.

(6)In this Act, “ordinary removal” means a removal which is neither a special removal (as defined in section 15(2) of this Act) nor a planning removal or temporary premises removal (as defined in sections 121(2) and 126(2) of this Act respectively).

6 Provisional grant of new licence or removal.E+W

(1)Where licensing justices are satisfied, on application made by a person interested in any premises which are—

(a)about to be constructed or in the course of construction for the purpose of being used as a house for the sale of intoxicating liquor (whether for consumption on or off the premises); or

(b)about to be altered or extended or in the course of alteration or extension for that purpose (whether or not they are already used for that purpose);

that the premises, if completed in accordance with plans deposited under this Act, would be such that they would have granted a justices’ on-licence or a justices’ off-licence for the premises, they may make a provisional grant of such a licence for those premises.

(2)Any such application may be made either for the provisional grant of a new licence or for a provisional removal of a licence to the premises, and the grant may be made accordingly.

(3)On an application by the holder of a provisional licence, licensing justices may consent to any modifications of the deposited plans where, in their opinion, the premises, if completed in accordance with the modified plans, will be fit and convenient for their purpose.

(4)Licensing justices shall, after such notice has been given as they may require, declare a provisional grant final on being satisfied—

(a)that the premises have been completed in accordance with the plans deposited, or in accordance with those plans with modifications consented to under the preceding subsection; and

(b)that the holder of the provisional licence is not disqualified by this or any other Act for holding a justices’ licence and is in all other respects a fit and proper person to hold a justices’ licence;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

[F9(4A)The holder of a provisional licence may also apply to have a provisional grant declared final before the premises have been completed if it is likely that they will be completed as mentioned in paragraph (a) of subsection (4) of this section before the date appointed for the next licensing sessions; and the licensing justices, if they are satisfied that the premises are likely to be so completed and are further satisfied of the matters mentioned in paragraph (b) of that subsection, may direct that the declaration may be made before the next licensing sessions by a single licensing justice.

(4B)In a case where a direction has been given under subsection (4A) of this section, a single licensing justice, after such notice has been given as he may require, shall declare the provisional grant final if he is satisfied that the premises have been completed as mentioned in paragraph (a) of subsection (4) of this section.

(4C)Until a provisional grant has been declared final under subsection (4) or (4B) of this section it shall not be valid.]

(5)If on an application for the provisional grant of a justices’ licence the applicant deposits, instead of plans of the premises, a plan sufficient to identify the site of the premises, together with such description of the premises as will give a general indication of their proposed size and character (with reference in particular to the sale of intoxicating liquor), then—

(a)the licensing justices shall deal with the application as if the site plan and description deposited instead were the deposited plans, and shall assume that the premises will be fit and convenient for their purpose; but

(b)any provisional grant of a licence made on the application shall become ineffective unless affirmed under subsection (6) of this section in pursuance of an application made at a licensing sessions held within the twelve months following the date of the grant (or, where there is an appeal, the date the appeal is disposed of).

(6)Where licensing justices make a provisional grant of a licence by virtue of subsection (5) of this section the holder of the provisional licence may apply for the grant to be affirmed, and shall give notice of the application and deposit plans, as if he were applying (otherwise than under that subsection) for the grant of the licence; and the licensing justices shall affirm the provisional grant if satisfied that the premises, if completed in accordance with the plans deposited, will be fit and convenient for their purpose.

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Amendments (Textual)

7 Renewals.E+W

(1)Licensing justices may not renew a justices’ licence at transfer sessions, except where the licence was due for renewal at the preceding general annual licensing meeting and the justices are satisfied that the applicant had reasonable cause for not applying for renewal at that meeting.

(2)A person intending to oppose an application for the renewal of a justices’ licence shall give notice in writing of his intention to the applicant [F10and the clerk to the licensing justices], specifying in general terms the grounds of the opposition, not later than seven days before the commencement of the licensing sessions at which the application is to be made, and unless notice has been so given the licensing justices shall not entertain the objection, . . . F11

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(4)Evidence given on an application for the renewal of a justices’ licence shall be given on oath.

(5)Where the holder of a justices’ licence fails to apply for its renewal at the general annual licensing meeting at which it is due for renewal, and the licence expires in consequence of his failure, an application by him for a similar licence for the same premises shall be treated as an application for renewal, and the grant of the licence applied for shall be treated as a renewal of the expired licence, if the application is made not later than the next general annual licensing meeting and the licensing justices are satisfied that he had reasonable cause for his failure.

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Amendments (Textual)

8 Transfers.E+W

(1)Subject to sections 138 and 145 of this Act, licensing justices shall not grant a transfer of a justices’ licence except in the following cases and to the following persons, that is to say—

(a)where the holder of the licence has died, to his representatives or the new tenant or occupier of the premises;

(b)where the holder of the licence becomes incapable through illness or other infirmity of carrying on business under the licence (and notwithstanding that the licence may have ceased to be in force before the transfer), to his assigns or the new tenant or occupier of the premises;

[F13(c)where the holder of the licence has been adjudged bankrupt, or a [F14voluntary arrangement proposed by the holder of the licence has been approved under Part VIII of the Insolvency Act 1986], or a trustee has been appointed under a deed of arrangement within the meaning of the Deeds of Arrangement Act M11914 for the benefit of the creditors of the holder of the licence, to the trustee of the bankrupt’s estate or under the deed or the supervisor of the [F14voluntary arrangement] or the new tenant or occupier of the premises:]

(d)where the holder of the licence has given up or is about to give up, or his representatives have given up or are about to give up, occupation of the premises, to the new tenant or occupier of the premises or the person to whom the representatives or assigns have, by sale or otherwise, bona fide conveyed or made over the interest in the premises;

(e)where the occupier of the premises, being about to quit them, has wilfully omitted or neglected to apply for the renewal of the licence, to the new tenant or occupier of the premises;

(f)where the owner of the premises or some person on his behalf has been granted a protection order under section 10(3) of this Act and application for the transfer is made at the first or second licensing sessions begun after the making of that order, to the owner or person applying on his behalf.

(2)For the purposes of paragraph (d) of the preceding subsection, a person occupying premises for the purpose of carrying on business under a licence shall be treated as giving up occupation on his giving up the carrying on of the business, notwithstanding that he remains temporarily in occupation of the premises or part of them.

(3)The foregoing provisions of this section, except paragraphs (e) and (f) of subsection (1), shall apply in relation to the transfer of a provisional licence as if the licence were in force, and shall, as so applying, be construed as if “occupation” included intended occupation, and similarly as respects other expressions.

(4)Licensing justices may, at their general annual licensing meeting, make regulations determining the time that must elapse after the hearing of an application for transfer before another such application may be made in respect of the same premises; but licensing justices may in any particular case dispense with the observance of regulations made under this subsection.

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Amendments (Textual)

Marginal Citations

M11914 c.47(11:1).

[F158A Approval of prospective licensees.E+W

(1)If, on an application made to licensing justices with respect to any licensed premises, the justices are satisfied that the applicant—

(a)is a fit and proper person, and

(b)is not disqualified under this or any other Act for holding a justices’ licence,

the justices may, subject to subsection (3) of this section, approve him as a prospective licensee of the premises.

(2)Where the power of licensing justices to transfer a justices’ licence for any premises is exercisable by virtue of section 8(1) of this Act, any person who has been approved as a prospective licensee of the premises may, by notice in writing—

(a)to the [F16chief executive] to the licensing justices, and

(b)to the chief officer of police,

elect that the enactments relating to the sale of intoxicating liquor and to licensed premises shall apply as if the licence were transferred to him immediately after the giving of the notice; and any election so made shall have effect accordingly.

(3)Licensing justices shall not approve a person as a prospective licensee of any licensed premises if, in their opinion, there is a likelihood that, if he became a licensee of the premises under subsection (2) of this section, he would be prevented by other commitments from properly discharging his functions as such a licensee.

(4)Licensing justices approving any person as a prospective licensee of any licensed premises shall cause a memorandum of the approval to be endorsed on the justices’ licence for the premises or, where a copy of the licence is admissible in evidence, on a copy of the licence.

(5)Paragraphs 1(a) and (c), 4(a) and (b) and 5 to 8 of Schedule 2 to this Act (application for justices’ licence) shall apply in relation to an application for approval under this section as they apply to an application for the grant of a justices’ licence.]

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Amendments (Textual)

F15S. 8A inserted (1.2.1998) by 1998/114, art. 2

F16Words in s. 8A(2) substituted (1.4.2001) by 1999 c. 22 s. 90, Sch. 13 paras. 36, 37(a); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

9 Persons and premises disqualified for holding or receiving justices’ licence.E+W

(1)Without prejudice to the provisions of this or any other Act whereby a person may be disqualified for holding a justices’ licence, the following persons shall be so disqualified, that is to say—

(a)a sheriff’s officer or officer executing the legal process of any court;

(b)a person convicted, whether under this Act or otherwise, of forging a justices’ licence or making use of a forged justices’ licence knowing it to have been forged;

(c)a person convicted, whether under this Act or otherwise, of permitting to be a brothel premises for which at the time of the conviction he held a justices’ licence.

(2)Where within a period of two years two persons severally holding a justices’ licence for any premises forfeit their licences, the premises shall be disqualified for receiving a justices’ licence for a period of twelve months following the second forfeiture.

(3)Premises shall be disqualified for receiving a justices’ licence if they are situated on land acquired or appropriated by a special road authority, and for the time being used, for the provision of facilities to be used in connection with the use of a special road provided for the use of traffic of class I (with or without other classes).

(4)For the purpose of subsection (3) of this section—

(a)special road” and “special road authority” have the same meanings as in [F17the M2Highways Act 1980], except that “special road” includes a trunk road to which by virtue of [F17paragraph 3 of schedule 23 to that Act] the provisions of that Act apply as if the road were a special road; and

(b)class I” means class I in Schedule 4 to that Act as varied from time to time by any order under [F18section 17] of that Act, but if that Schedule is amended by such an order so as to add to it a further class of traffic, the order may adapt the reference in subsection (3) of this section to traffic of class I so as to take account of the additional class.

[F19(4A)Premises shall be disqualified for receiving a justices’ licence if they are primarily used as a garage or form part of premises which are primarily so used.

(4B)In subsection (4A) of this section, the reference to use as a garage is a reference to use for any one or more of the following purposes, namely, the retailing of petrol or derv or the sale or maintenance of motor vehicles.]

(5)The provisions . . . F20 of this section shall be without prejudice to the disqualification under any other Act of premises for receiving a justices’ licence.

(6)A justices’ licence purporting to be held by any person disqualified for holding a licence, or attached to premises disqualified for receiving a licence, shall be void.

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Amendments (Textual)

Marginal Citations

[F21Interim authoritiesE+W

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Amendments (Textual)

F21Cross heading inserted (1.2.1998) by 1998/114, art. 3(1)

F229A Interim authorities.E+W

(1)This section applies where the power of licensing justices to transfer a justices’ licence for any premises is exercisable by virtue of section 8(1) of this Act.

(2)If the licensing justices are satisfied, on application made by notice in writing to the [F23chief executive] to the licensing justices and to the chief officer of police, that the applicant—

(a)is a fit and proper person, and

(b)is not disqualified under this or any other Act for holding a justices’ licence,

the justices may grant him an authority (in this Act referred to as an “interim authority") conferring in respect of the premises the same authority as that conferred by the justices’ licence.

(3)An interim authority shall be granted for a period of 28 days beginning with such date as may be specified in it.

(4)If during the period for which an interim authority granted to any person is in force, an application for the transfer of the justices’ licence is made (whether by him or by any other person), the interim authority shall continue in force until the application is disposed of.

(5)While an interim authority in respect of any premises is in force, the enactments relating to the sale of intoxicating liquor and to licensed premises (other than those relating to the renewal or transfer of licences or to protection orders) shall apply to the person granted the authority as if he were the holder of the justices’ licence.

(6)The power conferred on licensing justices by subsection (2) of this section—

(a)shall not be exercisable in relation to premises which are already the subject of an interim authority, and

(b)shall not be exercisable more than twice in relation to each occasion on which the power to transfer a justices’ licence becomes exercisable as mentioned in subsection (1) of this section.

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Amendments (Textual)

F22SS. 9A and 9B inserted (1.2.1998) by S.I. 1998/114, art. 3(1)

F249B Supplementary provisions relating to interim authorities.E+W

(1)Where an application for an interim authority is made under section 9A of this Act within seven days of the power of the licensing justices to transfer a justices’ licence becoming exercisable by virtue of section 8(1) of this Act—

(a)an interim authority shall be deemed to have been granted in respect of the premises; and

(b)subject to subsection (2) of this section, that authority shall remain in force for a period of 14 days beginning with the date of the application.

(2)An interim authority deemed to have been granted by virtue of subsection (1) of this section shall cease to have effect if, within the period of 14 days mentioned in that subsection—

(a)the chief officer of police, or

(b)an officer of police designated by him,

by notice in writing served on the applicant and the licensing justices, objects to the granting of an interim authority under section 9A of this Act.

(3)The power conferred on licensing justices by section 9A of this Act—

(a)may be exercised by a single justice, and

(b)may be exercised otherwise than at licensing sessions.

(4)A justice to whom application is made under section 9A of this Act for an interim authority may examine the applicant on oath.]

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Amendments (Textual)

F24Ss. 9A and 9B inserted (1.2.1998) by S.I. 1998/114, art. 3(1)

Protection ordersE+W

10 Protection orders.E+W

(1)A person who proposes to apply for the transfer of a justices’ licence for any premises may apply to justices of the peace acting for the petty sessions area in which the premises are for the grant of an authority, in this Act referred to as a “protection order", to sell intoxicating liquor on the premises, and the justices may grant the protection order if they are satisfied that the applicant is a person to whom the licensing justices could grant a transfer of the licence.

(2)The authority conferred by a protection order in respect of any premises shall be the same as that conferred by the justices’ licence in force (or last in force) for those premises; and, while the order is in force, the enactments relating to the sale of intoxicating liquor and to licensed premises (other than those relating to the renewal or transfer of licences or to protection orders) shall apply to the person granted the order as if he were the holder of that licence . . . F25

(3)Where—

(a)a justices’ licence for any premises is forfeited for the first time by virtue of a second or subsequent conviction under section 160 of this Act or of a conviction under section 184 thereof, or

(b)a justices’ licence for any premises is forfeited by order of a magistrates’ court made on complaint under section 20(3) of this Act, or

(c)a justices’ licence for any premises is forfeited by order of a court under section [F26169H(2)] of this Act, or

(d)a justices’ licence for any premises is forfeited by virtue of a disqualification order made under section 100 of this Act, or

(e)the holder of a justices’ licence for any premises becomes disqualified for the first time for holding such a licence by reason of being convicted as mentioned in section 9(1) of this Act,

justices of the peace may grant a protection order to any owner of the premises or any other person authorised by an owner of the premises, notwithstanding the forfeiture or the previous licence holder’s disqualification; but not more than one protection order may be granted under this subsection on any such forfeiture or disqualification.

(4)A protection order shall remain in force until the conclusion of the second licensing sessions begun after the date of the order (and until any application made at the sessions for a transfer of the justices’ licence has been disposed of) except that it shall cease to have effect before that time on the coming into force of a justices’ licence granted by way of transfer or removal of the licence for the premises, or the coming into force of a further protection order for the premises.

[F27(5)Where the holder of a justices’ licence has died or has been adjudged bankrupt, or a [F28voluntary arrangement proposed by the holder of a justices’ licence has been approved under Part VIII of the Insolvency Act 1986], or a trustee has been appointed under a deed of arrangement within the meaning of the Deeds of Arrangement Act 1914 for the benefit of the creditors of the holder of a justices’ licence, the personal representatives or the person who is for the time being the trustee of the bankrupt’s estate or under the deed or the supervisor of the [F28voluntary arrangement] shall be in the same position as regards carrying on business under the licence as a person to whom a protection order had been validly granted on the date of the death, or, as the case may be, the date on which he became trustee or supervisor.]

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Amendments (Textual)

F26Words in s. 10(3)(c) substituted (23.1.2001) by 2000 c. 30, ss. 2(1), 3(2)

11 Supplementary provisions relating to protection orders.E+W

(1)A protection order may be made for any premises so as to supersede a previous protection order (other than one made under section 10(3) of this Act), if the justices making the order are satisfied that the person granted the previous protection order consents to its being superseded, or that he no longer proposes to apply for a transfer of the licence or is not qualified to do so, or that he is for any reason unable to carry on business under the protection order.

(2)Justices of the peace to whom application is made for a protection order may examine on oath the applicant or any person giving evidence before them.

(3)Justices of the peace shall not grant a protection order unless the applicant has, not less than seven days before the application, given notice in writing to the chief officer of police, signed by the applicant or his authorised agent, and stating his name and address and his trade or calling during the six months preceding the giving of the notice; or, in an urgent case, unless the applicant has given such notice to the police as the justices think reasonable.

(4)Justices of the peace granting a protection order shall cause a memorandum of the order to be endorsed on the licence, or, where a copy of the licence is admissible in evidence, on a copy of the licence; and a majority of the justices shall sign the memorandum or the justices shall cause the clerk to the justices to seal or stamp it with the official seal or stamp of the magistrates’ court of which he is clerk and to verify the seal or stamp by his signature.

(5)A memorandum purporting to be made under subsection (4) of this section shall be received in evidence.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(7)The power of justices of the peace to grant protection orders shall be exercisable by the number of justices, and in the place, required by [F30the M3Magistrates’ Courts Act 1980] for the hearing of a complaint.

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Amendments (Textual)

Marginal Citations

Old on-licencesE+W

12 Restricted power of licensing justices to refuse renewal or transfer of old on-licences.E+W

(1)In this Act—

  • old on-licence” means a justices’ on-licence, other than one for the sale of wine alone . . . F31, granted by way of renewal from time to time of a licence in force on 15th August 1904, or of a licence that before that day had been provisionally granted and confirmed under section 22 of the M4Licensing Act 1874 where the grant and confirmation have been subsequently declared final, except that it does not include a licence varied under section 37 of this Act or granted by way of renewal from time to time of a licence so varied; and

  • old beerhouse licence” means an old on-licence for the sale of beer or cider, with or without wine, granted by way of renewal from time to time of a licence for premises for which a corresponding excise licence was in force on 1st May 1869;

no account being taken of any transfer nor, except for the purpose of determining whether a licence is an old beerhouse licence, of any removal.

(2)Subject to any disqualification of the applicant or of the premises to which the application relates, licensing justices shall not refuse an application for the renewal of an old on-licence except on one or more of the following grounds, that is to say—

(a)in the case of an old beerhouse licence, those specified in subsection (3) of this section;

(b)in the case of any other old on-licence, those specified in subsection (4) of this section;

and, in either case, the ground that there has been entered in the register of licences a conviction of bribery or treating made in pursuance of [F32section 168(7) of the Representation of the M5People Act 1983].

(3)The renewal of an old beerhouse licence may be refused on the ground—

(a)that the applicant has failed to produce satisfactory evidence of good character; or

(b)that the house or shop to which the application relates, or any adjacent house or shop owned or occupied by him, is of a disorderly character, or frequented by thieves, prostitutes or persons of bad character; or

(c)that a licence previously held by the applicant for the sale of wine, spirits, beer or cider has been forfeited for his misconduct, or that he has previously been adjudged for his misconduct disqualified for receiving such a licence or for selling wine, spirits, beer or cider.

(4)The renewal of an old on-licence other than an old beerhouse licence may be refused on the ground—

(a)that the applicant is not a fit and proper person to hold the licence; or

(b)that the licensed premises have been ill-conducted or are structurally deficient or structurally unsuitable,

and for the purposes of paragraph (b) of this subsection, premises shall be deemed to have been ill-conducted if, among other things, the holder of the licence has persistently and unreasonably refused to supply suitable refreshment, other than intoxicating liquor, at a reasonable price, or has failed to fulfil any reasonable undertaking given to the justices on the grant of the licence.

(5)Where an application is made for the renewal of an old on-licence and the licensing justices ask the applicant to give an undertaking, they shall adjourn the hearing of the application and cause notice of the undertaking for which they ask to be served on the registered owner of the premises and shall give him an opportunity of being heard.

(6)Licensing justices refusing to renew an old on-licence shall specify to the applicant in writing the grounds of their refusal.

(7)Subsections (2) to (6) of this section shall apply to the transfer of an old on-licence as they apply to the renewal of such a licence, except that the transfer of an old beerhouse licence may also be refused on the ground that the applicant is not a fit and proper person to hold the licence.

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Amendments (Textual)

Marginal Citations

13, 14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W

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Amendments (Textual)

15 Special removals of old on-licences.E+W

(1)Where application is made for the special removal of an old on-licence from any premises in a licensing district to premises in the same district on the ground—

(a)that the premises for which the licence was granted are or are about to be pulled down or occupied under any Act for the improvement of highways, or for any other public purpose; or

(b)that the premises for which the licence was granted have been rendered unfit for use for the business carried on there under the licence by fire, tempest or other unforeseen and unavoidable calamity;

the provisions of sections 12 . . . F34 of this Act shall apply as they apply to a renewal, subject to the restrictions on removals imposed by Parts VI and VII of this Act and subject to subsections (3) and (4) of this section.

(2)A removal to which those provisions apply as aforesaid is in this Act referred to as a special removal.

(3)In the application of those provisions to the special removal of a licence section 12 of this Act shall have effect as if the words “that the premises to be licensed" were inserted in subsection (4)(b) before the words “are structurally deficient or structurally unsuitable".

(4) . . . F35

(5)Notwithstanding anything in section 6 of this Act, no provisional grant shall be made of a special removal.

(6)Section 8(4) of this Act shall apply in relation to applications for special removals as it applies in relation to applications for transfers.

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Amendments (Textual)

16—18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W

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Amendments (Textual)

Control of licensing justices over structure of licensed premisesE+W

19 Power to require structural alterations on renewal of on-licence.E+W

(1)On an application for the renewal of a justices’ on-licence the licensing justices may require a plan of the premises to be produced to them and deposited with their [F37chief executive], and on renewing such a licence the licensing justices may order that, within a time fixed by the order, such structural alterations shall be made in the part of the premises where intoxicating liquor is sold or consumed as they think reasonably necessary to secure the proper conduct of the business.

(2)The [chief executive] to the licensing justices shall serve on the registered owner of the premises notice of any order made under this section.

(3)Where an order under this section is complied with, licensing justices shall not make a further order under this section within the five years following the first-mentioned order.

(4)If the holder of the licence makes default in complying with an order under this section he shall be guilty of an offence; and he shall be guilty of a further offence for every day on which the default continues after the expiration of the time fixed by the order.

(5)A person guilty of an offence under this section shall be liable to a fine not exceeding [F38level 1 on the standard scale].

(6)The preceding provisions of this section shall apply in relation to a transfer whereby the duration of the licence is extended as they apply in relation to a renewal.

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Amendments (Textual)

20 Consent required for certain alterations to on-licensed premises.E+W

(1)No alteration shall be made to premises for which a justices’ on-licence is in force if the alteration—

(a)gives increased facilities for drinking in a public or common part of the premises; or

(b)conceals from observation a public or common part of the premises used for drinking; or

(c)affects the communication between the public part of the premises where intoxicating liquor is sold and the remainder of the premises or any street or other public way;

unless the licensing justices have consented to the alteration or the alteration is required by order of some lawful authority.

(2)Before considering an application for their consent under this section, the licensing justices may require plans of the proposed alteration to be deposited with their [F39chief executive] at such time as they may determine.

(3)If subsection (1) of this section is contravened, a magistrates’ court may by order on complaint declare the licence to be forfeited or direct that within a time fixed by the order the premises shall be restored to their original condition.

(4)The [F39justices’ chief executive for] the court that makes an order under subsection (3) of this section shall, if he is not the [F39chief executive to] the licensing justices, serve notice of the order on the [chief executive to] the licensing justices; and the [F39chief executive to] the licensing justices shall serve notice of the order on the registered owner of the premises.

(5)A person aggrieved by an order under subsection (3) of this section may appeal to [F40the Crown Court].

(6)In this section—

(a)public part” means a part open to customers who are not residents or guests of residents; and

(b)common part” means a part open generally to all residents or to a particular class of them.

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Amendments (Textual)

[ Revocation of justices licenses]E+W

20A[F41 Revocation.]E+W

(1)Licensing justices may revoke a justices’ licence at any licensing sessions, other than licensing sessions at which an application for renewal of the licence falls to be considered, either of their own motion or on the application of any person.

(2)The power to revoke a justices’ licence under this section is exercisable on any ground on which licensing justices might refuse to renew a justices’ licence or a justices’ licence of that description.

(3)Licensing justices may only exercise the power conferred by this section if, at least twenty-one days before the commencement of the licensing sessions in question, notice in writing of the proposal to exercise the power or, as the case may be, to make the application has been given to the holder of the licence and, in the case of a proposed application, to the [F42chief executive] to the licensing justices, specifying in general terms the grounds on which it is proposed the licence should be revoked.

(4)Evidence given for the purposes of proceedings under this section shall be given on oath.

(5)A decision under this section to revoke a justices’ licence shall not have effect—

(a)until the expiry of the time for appealing against the decison; or

(b)if the decision is appealed against, until the appeal is disposed of.

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Amendments (Textual)

AppealsE+W

21 Appeals.E+W

(1)Subject to subsection (2) of this section, any person aggrieved by any of the following decisions of licensing justices, that is to say—

(a)a decision granting or refusing to grant a new justices’ licence or an ordinary removal of a justices’ licence;

(b)a decision refusing the renewal, transfer or special removal of a justices’ licence;

(c)a refusal to declare a provisional grant final or to affirm a provisional grant or to give consent, on the application of the holder of a provisional licence, to a modification of plans;

(d)the making of an order under section 19 of this Act;

(e)the refusal of a consent required under section 20 of this Act;

[F43(ee)the revocation of a justices’ licence; or]

(f)any decision as to the conditions of a justices’ on-licence;

may appeal to [F44the Crown Court] against that decision.

(2)A person may not appeal against the grant of a justices’ licence unless he has appeared before the licensing justices and opposed the grant; and no person may appeal against a refusal to attach conditions to a licence or to vary or revoke conditions previously attached, except the person (if any) whose application or request is required for the justices to have jurisdiction to attach or to vary or revoke the conditions.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

[F46(4)Where the holder of a justices’ licence gives notice of appeal against a refusal by the licensing justices to renew that licence [F47or a decision by the licensing justices to revoke it], the licensing justices or [F44the Crown Court] having jurisdiction to hear the appeal may, on such conditions as they think fit, order that the licence shall continue in force until the determination of the appeal notwithstanding that the appeal is not determined until after the date when the licence would otherwise cease to have effect.]

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Amendments (Textual)

22 Procedural provisions as to appeals.E+W

(1)An appeal under section 21 of this Act shall be commenced by notice of appeal given by the appellant to the [F48chief executive] to the licensing justices within [F49twenty-one days] after the decision appealed against.

(2)On an appeal against the grant of a justices’ licence the applicant for the licence and not the licensing justices shall be respondent, and notice of appeal must be given to him as well as to the [F48chief executive] to the licensing justices.

(3)On an appeal against a refusal to grant a justices’ licence, or against a decision as to conditions given on the grant of a justices’ licence, any person who appeared before the licensing justices and opposed the grant shall be respondent in addition to the licensing justices; . . . F50

[F51(3A)On an appeal against a decision to revoke a justices’ licence, any person on whose application the licence was revoked shall be respondent in addition to the licensing justices.]

(4)On any appeal under section 21 of this Act the [F48chief executive to] the licensing justices shall transmit the notice of appeal to [F52the appropriate officer of the Crown Court], and the appeal shall be entered and notice thereof given by [F52the appropriate officer of the Crown Court], F53. . .; and [F54section 109(1) of the M6Magistrates’ Courts Act 1980] shall apply accordingly with respect to the abandonment of the appeal.

(5)Where a person appears before licensing justices and opposes the grant of a justices’ licence, his name and address shall be recorded by the clerk to the licensing justices and, in the event of an appeal against a refusal of the grant or against a decision as to conditions given on the grant, shall be transmitted to the [F48chief executive] of the peace with the notice of appeal.

(6)Where the same application to licensing justices gives rise to more than one appeal to [F55the Crown Court], [F55the Crown Court] may give such directions as they think fit for the appeals to be heard together or separately, and where two or more appeals are heard together, [F55the Crown Court] may deal with the costs of the appeals, so far as those costs are in their discretion, as if they were a single appeal.

(7)A justice shall not act in the hearing or determination of an appeal under section 21 of this Act from any decision in which he took part.

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Amendments (Textual)

F49Words substituted by virtue of S.I. 1982/1109, Sch. 3 Pt. II para. 3

F50Words repealed by S.I. 1971/1292, Sch. 3

F52Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. I

Marginal Citations

23 Powers of quarter sessions on appeals.E+W

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

(3)The judgment of [F57the Crown Court] on any such appeal shall be final.

[F58(4)Where the Crown Court allows an appeal against the revocation of a justices’ licence which has been continued in force under section 21(4) of this Act, it may order that the licence shall further continue in force until the date of the next licensing sessions for the district in which the licence is granted.]

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Amendments (Textual)

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59E+W

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Amendments (Textual)

25 Award of costs of licensing justices out of local funds.E+W

(1)Where—

(a)an appeal under section 21 of this Act, other than an appeal against the grant of a justices’ licence, is allowed, or

(b)quarter sessions have, . . . F60, awarded costs against the appellant and are satisfied that the licensing justices cannot recover those costs from him,

the court shall order payment out of [F61central funds] of such sums as appear to the court sufficient to indemnify the licensing justices from all costs and charges whatever to which they have been put in consequence of the appellant’s notice of appeal.

(2)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

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Amendments (Textual)

F60Words repealed by S.I. 1971/1292, Sch. 3

Duration of LicencesE+W

26 Duration of licences.E+W

(1)Subject to the following provisions of this section and to sections 27, 133(3) and 142(3) of this Act, a justices’ licence—

[F63(a)if granted before 5th January 1989, shall be granted to have effect from the time of the grant until 4th April 1989;

(b)if granted after 4th January and before 5th April 1989, shall be granted to have effect from the time of the grant until 4th April 1992; and

(c)if granted after 4th April 1989, shall be granted to have effect from the time of the grant until the expiry of the current licensing period or, if granted in the last three months of that period, until the end of the next licensing period;

but shall be superseded on the coming into force of a licence granted by way of renewal, transfer or removal of it.]

(2)A justices’ licence granted by way of transfer or removal may be granted to have effect from a time specified in the grant (not being earlier, where it is granted before the coming into force of the licence transferred or removed, than the time of the coming into force of that licence).

(3)In the case of a licence granted provisionally, subsection (1) of this section shall apply as if the licence were granted at the time when it is declared final, but a transfer of such a licence may be granted so as to have effect for the purpose of superseding that licence from a date before it is declared final, and, if so granted, shall as regards its duration and coming into force be subject to the same provisions as if it were the licence transferred.

(4)Where on the renewal or transfer of a licence the licensing justices attach new conditions (whether in addition to or in substitution for any conditions previously attached) the justices may, on such terms as they think just, suspend the operation of those conditions in whole or in part pending the determination of any appeal against the decision to attach them or pending the consideration of the question of bringing such an appeal.

[F64(5)In this Act “licensing period” means a period of three years beginning with 5th April 1989 or any triennial of that date.]

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Amendments (Textual)

F63S. 26(1) paras. (a)(b)(c) and words substituted for paras. (a)(b) by Licensing Act 1988 (c. 17, SIF 68A:1), s. 11(1)

27 Effect on duration of opposition to grant of licence.E+W

(1)The provisions of this section shall have effect where on an application to licensing justices for the grant of a new justices’ licence, or for the grant of a licence by way of ordinary removal of a justices’ licence, a person appears before the licensing justices and opposes the grant, but the justices grant the licence.

(2)Until the expiry of the time for bringing an appeal against the grant and, if such an appeal is brought, until the appeal has been disposed of,—

(a)the licence granted shall not come into force;

(b)where the grant is by way of ordinary removal and the licence which it is sought to remove is in force at the time of the grant, the licence shall not expire unless the licensing justices otherwise direct.

(3)If on appeal the grant is confirmed or if the appeal is abandoned, the time when the appeal is disposed of shall be substituted for the time of the grant for the purpose of determining the period for which the licence is to have effect, and [F65the Crown Court] shall (if need be) amend the licence accordingly.

(4)If there is an appeal against the grant of an ordinary removal, and the licence which it is sought to remove is in force on the day when notice of appeal is given to the applicant for the removal, then—

(a)he may within seven days of that day give notice in writing to [F66the appropriate officer of the Crown Court] of his desire that the expiry of that licence shall be postponed for a specified period (not exceeding three weeks) after the appeal is disposed of, and if he does so, subsection (2) of this section shall apply until the expiry of that period;

(b)whether or not he gives such a notice, [F65the Crown Court], if they confirm the grant and if he so requests, may by their order direct that that subsection shall continue to apply for such further period as they think fit;

(c)if [F65the Crown Court] refuse to confirm the grant, and at the time of their decision it is too late to renew that licence at the general annual licensing meeting at which it was due for renewal, then—

(i)the holder of the licence shall be treated as having had reasonable cause for not applying for renewal at that meeting, and the licence may be renewed at transfer sessions accordingly; and

(ii)if notice has been given under paragraph (a) of this subsection, and within the period for which the licence is continued in force by that paragraph notice is given to the [F67chief executive] to the licensing justices of an application for the renewal of the licence at the first licensing sessions held not less than twenty-one days after the notice is given, the licence shall not expire until the application is disposed of or those sessions end without its being made.

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Amendments (Textual)

F66Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. I

Clerk [F68and chief executive]to licensing justices and feesE+W

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Amendments (Textual)

F68Words in the heading inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 42(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

28 Clerk [F69and chief executive] to licensing justices.E+W

(1)The clerk to the justices acting for a petty sessions area shall be clerk to the licensing justices for the licensing district consisting of that area.

(2)[F70Section 141(2) of the M7Magistrates’ Courts Act 1980] (which provides for the case where there is more than one clerk to the justices for a petty sessions area) shall apply for the purposes of subsection (1) of this section as it applies for the purposes of that Act.

(3)A clerk to licensing justices shall not himself or by his partner or clerk act as solicitor to, or agent for, any person—

(a)at any licensing sessions; or

(b)before justices of the peace [F71or the Crown Court] in proceedings under this Act, the M8Licensing Act 1872, or the M9Licensing Act 1902;

and any person who contravenes this subsection shall be liable to a fine not exceeding [F72level 3 on the standard scale].

(4)Where the clerk to licensing justices for any district was appointed before 1st April 1953, nothing in the preceding subsection shall prohibit him from acting at a licensing sessions for another licensing district or before justices acting for a petty sessions area other than that licensing district, or from preparing notices or forms.

[(5)The justices’ chief executive for a petty sessions area shall be chief executive to the licensing justices for the licensing district consisting of that area.]

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Amendments (Textual)

F69Words in the sidenote and s. 28(5) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 42 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

Modifications etc. (not altering text)

C7S. 28(3) amended (01.01.1992) by S.I. 1991/2684, arts. 2, 4, Sch. 1

Marginal Citations

M81872 c. 94 (68A:1).

M91902 c. 28 (68A:1).

29 Fees chargeable in licensing matters. E+W

(1)Subject to subsection (3) of this section, there may be charged by justices’ [F73chief executives] in respect of matters arising under this Act such fees as may be provided for by order of the Secretary of State and no others.

(2)This section shall apply to the fees chargeable in any [F74court of a District Judge (Magistrates’ Courts)], and to those chargeable by a justices’ [F75chief executive] acting as [F75chief executive] to licensing justices or in any other capacity, as it applies to fees chargeable by a justices’ [F75chief executive] acting as such.

(3)This section shall not affect the court fees chargeable (under [F76the Magistrate’s Courts]Act 1980 or otherwise) in connection with prosecutions or with the enforcement of orders of a magistrates’ court, nor the fees chargeable by a justices’ [F77chief executive] acting as secretary to a licensing planning committee.

(4)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F73Words in s. 29(1) substituted (1.4.2001) by S.I. 2001/618, art. 2(2)(a)

F75Words in s. 29(2) substituted (1.4.2001) by S.I. 2001/618, art. 2(2)(b)

F77Words in s. 29(3) substituted (1.4.2001) by S.I. 2001/618, art. 2(2)(c)

Modifications etc. (not altering text)

Register of LicencesE+W

30 Register of licences.E+W

(1)The [F78chief executive] to the licensing justices for a licensing district shall keep a register of licences in such form as the justices may prescribe, containing particulars of all justices’ licences granted in the district, the premises for which they were granted, the names of the owners of those premises, and the names of the holders of the licences.

F79(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Licensing justices may cause a register of licences to be divided into parts and assign a part of the register to any part of their licensing district.

(4)A register of licences shall be received in evidence of the matters required by this or any other Act to be entered in it, and any document purporting to be certified by a [F78chief executive] to licensing justices to be a true copy of an entry in the register of licences kept by him shall be received in evidence of any such matters contained in the entry.

(5) . . . F80

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Amendments (Textual)

F79S. 30(2) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V (7) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

31 Convictions, forfeitures and disqualifications to be entered in register.E+W

(1)The [F81chief executive] to the licensing justices shall enter in the register of licences, in such form as may be prescribed by the Secretary of State, notice of any conviction of the holder of a justices’ licence of an offence committed by him as such, including an offence against the provisions of any Act relating to the adulteration of drink; and the [F81justices’ chief executive for] the court before whom the holder of a justices’ licence is so convicted shall, if he is not the [F81chief executive] to the licensing justices, forthwith send notice of the conviction to [F81him].

(2)The [F81chief executive] to the licensing justices shall enter in the register of licences any forfeiture of a justices’ licence granted in the licensing district, any disqualification of premises under any enactment [F82, any closure order under section 179A of this Act in relation to premises, any order under section 179B(3)(b) of this Act in relation to premises] and any other matter relating to the licences in the register.

(3)The provisions of this and the preceding section shall be in addition to those of any other enactment requiring entries to be made in the register of licences.

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Amendments (Textual)

F82Words in s. 31(2) inserted (1.12.2001) by 2001 c. 16, s. 18(1); S.I. 2001/3736, art. 2

32 Registration of owner, etc.E+W

(1)Every person applying for a new justices’ licence, or the renewal of a justices’ licence, shall state the name of the person for the time being entitled to receive, either on his own account or as mortgagee or other incumbrancer in possession, the rack-rent of the premises for which the licence is granted; and the [F83chief executive] to the licensing justices shall enter that name in the register of licences as the name of an owner of the premises, and endorse the name on the licence.

(2)The [F83chief executive] to the licensing justices shall also, on the application of any person whose name is not entered under the preceding subsection, and who has an estate or interest in the premises, whether as owner, lessee or mortgagee, prior or paramount to that of the occupier, enter that person’s name in the register of licences as an owner of the premises.

Where any such estate or interest is vested in two or more persons jointly, one only of those persons shall be registered as representing that estate or interest.

(3)Any reference in this Act to the registered owner of premises shall be construed as a reference to any person whose name is for the time being entered in the register of licences under this section.

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Amendments (Textual)

33 Notice of conviction of licence holder to be given to registered owner.E+W

(1)Where the conviction of the holder of a justices’ licence is entered in the register of licences under section 31(1) of this Act, the [F84chief executive] to the licensing justices shall serve notice of the conviction on the registered owner of the premises.

(2)A notice served under subsection (1) of this section shall, if served by post, be served by registered post or recorded delivery service; and for the purposes of [F85section 7 of the M10Interpretation Act 1978] a letter containing the notice shall be deemed to be properly addressed if it is addressed to any place that the owner has specified to the [F84chief executive] as his address, or, if the owner has not specified any place, to any place that the [F84chief executive] believes to be the owner’s address.

(3)Where the conviction of the holder of a justices’ licence involves the disqualification of the licensed premises, the court before which the conviction takes place shall cause notice of the disqualification to be served on any registered owner of the premises who is not the occupier.

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Amendments (Textual)

Marginal Citations

34 Inspection of register.E+W

(1)The following persons shall be entitled at any reasonable time to inspect the register of licences for a licensing district on payment of the fee chargeable, that is to say—

(a)any person rated in respect of a hereditament in the district;

(b)any owner of licensed premises situated in the district;

(c)any holder of a justices’ licence granted in the district.

(2)Any constable or any officer of Customs and Excise shall, without payment, be entitled at any reasonable time to inspect the register of licences.

(3)If the [F86chief executive] to the licensing justices or any other person refuses inspection of the register of licences under this section or obstructs any person attempting to inspect the register under this section or receives or demands any unauthorised charge for permitting the register to be inspected under this section, he shall be liable to a fine not exceeding [F87level 1 on the standard scale].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

35 Duty of licensing justices to have regard to entries in register.E+W

On an application for the grant of a justices’ licence the licensing justices shall have regard to any entries in the register of licences relating to the person by whom, or the premises for which, the licence is to be held.

MiscellaneousE+W

36 Proof of justices’ licence and provisions as to forgery thereof.E+W

(1)Any document purporting to be a justices’ licence and—

(a)to be signed by the majority of the justices present when the licence was granted, or

(b)to be sealed or stamped with an official seal or stamp affixed or impressed under the authority of the licensing justices and to contain a certificate signed by the clerk to the licensing justices verifying that authority,

shall be received in evidence.

(2)Any document purporting to be a copy of a justices’ licence certified under the hand of the clerk to the licensing justices by whom the licence was granted to be a true copy shall be received in evidence—

(a)by licensing justices on an application for the renewal, transfer or removal of the licence, and

(b)by justices of the peace on an application for a protection order,

if the justices are satisfied by evidence that the original has been lost or unlawfully withheld.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

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Amendments (Textual)

37 Power to extend existing on-licence to additional types of liquor.E+W

(1)Subject to sections 112(4) and 123(3) of this Act, on an application by the holder of a justices’ on-licence [F90to which this section applies], or on the renewal or transfer of [F91such a licence] and at the request of the person applying for the renewal or transfer, the licensing justices, if satisfied that the application or request is made with the consent of the registered owner, shall vary the licence so as to add to the descriptions of intoxicating liquor authorised to be sold on the licensed premises.

(2)On the variation of a licence under this section the licensing justices shall have the like power to attach conditions as they would have if they were granting the licence (with the variation) as a new justices’ on-licence, and any conditions attached may be in addition to or in substitution for any conditions previously attached to the licence.

[F92(3)This section applies to any justices’ on-licence granted by way of renewal from time to time of a licence in force on or before 3rd August 1961, no account being taken of any transfer or removal.]

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Amendments (Textual)

F90Words inserted by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1) s. 1(1)(3) except in relation to any application made under section 37 before the end of the period of one month beginning with 17.7.1980

F91Words substituted by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1) s. 1(1)(3) except in relation to any application made under section 37 before the end of the period of one month beginning with 17.7.1980

F92S. 37(3) added by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1) s. 1(2)(3) except in relation to any application made under section 37 before the end of the period of one month beginning with 17.7.1980

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93E+W

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Amendments (Textual)

Part IIE+W Sale and Supply of Intoxicating Liquor in ClubPremises

Conditions for supply of intoxicating liquor by clubsE+W

39 Conditions for supply of intoxicating liquor by clubs.E+W

(1)No intoxicating liquor shall on any club premises be supplied by or on behalf of the club to a member or guest, unless the club is registered under this Act in respect of those premises or the liquor is supplied under the authority of a justices’ licence held by the club for the premises.

(2)No intoxicating liquor shall, on any premises in respect of which a club is registered, be supplied by or on behalf of the club for consumption off the premises except to a member in person.

(3)Intoxicating liquor shall not be supplied by or on behalf of a registered club to a member or guest except at premises in respect of which the club is registered or at any premises or place which the club is using on a special occasion for the accommodation of members and to which persons other than members and their guests are not permitted access; and at any premises or place other than premises in respect of which the club is registered intoxicating liquor shall be so supplied only for consumption in the premises or place.

(4)A person supplying or authorising the supply of intoxicating liquor in contravention of subsection (1) of this section shall be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding [F94level 4 on the standard scale], or to both; and a person supplying or obtaining intoxicating liquor in contravention of subsection (2) or subsection (3) of this section shall be liable to a fine not exceeding [F95level 1 on the standard scale].

(5)If intoxicating liquor is kept in any premises or place by or on behalf of a club for supply to members or their guests in contravention of this section, every officer of the club shall be liable to a fine not exceeding [F94level 1 on the standard scale], unless he shows that it was so kept without his knowledge or consent.

(6)In this Act “club premises” means premises which are occupied by and habitually used for the purposes of a club.

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Amendments (Textual)

Registered clubsE+W

40 Registration of clubs.E+W

(1)A club is registered, within the meaning of this Act, in respect of any premises if and so long as it holds for those premises a certificate under this Part of this Act of a magistrates’ court (in this Act referred to as a registration certificate).

(2)Subject to the provisions of this section and of section 50(4) of this Act, a registration certificate shall have effect for twelve months, but may be from time to time renewed, and may at any time be surrendered by the club.

(3)Any renewal of a registration certificate shall be for one year from the expiry of the period for which the certificate was issued or last renewed, except that on the second or any subsequent renewal the certificate may, if the court thinks fit, be renewed for such number of years, not exceeding ten, from the expiry of that period as may be requested in the application for renewal or for any less number of years.

(4)An application by a club for the issue or renewal of a registration certificate shall be made to a magistrates’ court and shall comply with the requirements of Schedule 5 to this Act; and the provisions of Schedule 6 to this Act shall have effect as regards the procedure for registration and related matters.

(5)Where an application for the renewal of a registration certificate is made not less than twenty-eight days before the certificate is due to expire, the certificate shall continue in force until the application is disposed of by the magistrates’ court or the court otherwise orders under paragraph 10 of Schedule 6 to this Act.

(6)Where an application is duly made in accordance with this Part of this Act for the issue or renewal of a registration certificate, the magistrates’ court shall not, in the absence of an objection duly made in accordance with this Part of this Act, refuse the application except as provided by the following provisions of this Part of this Act; and a magistrates’ court shall state in writing the grounds of any refusal to issue or renew a registration certificate.

41 Qualifications for registration.E+W

(1)A club shall only be qualified to receive a registration certificate (whether in the first instance or by way of renewal), if under the rules of the club—

(a)persons may not be admitted to membership or be admitted as candidates for membership to any of the privileges of membership, without an interval of at least two days between their nomination or application for membership and their admission; and

(b)persons becoming members without prior nomination or application may not be admitted to the privileges of membership without an interval of at least two days between their becoming members and their admission.

(2)A club shall be qualified to receive a registration certificate for any premises (whether in the first instance or by way of renewal), only if—

(a)it is established and conducted in good faith as a club and has not less than twenty-five members; and

(b)intoxicating liquor is not supplied, or intended to be supplied, to members on the premises otherwise than by or on behalf of the club; and

(c)the purchase for the club, and the supply by the club of intoxicating liquor (so far as not managed by the club in general meeting or otherwise by the general body of members) is managed by an elective committee, as defined in Schedule 7 to this Act; and

(d)no arrangements are or are intended to be made—

(i)for any person to receive at the expense of the club any commission, percentage or similar payment on or with reference to purchases of intoxicating liquor by the club; or

(ii)for any person directly or indirectly to derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the club to members or guests, apart from any benefit accruing to the club as a whole and apart also from any benefit which a person derives indirectly by reason of the supply giving rise or contributing to a general gain from the carrying on of the club.

(3)Subject to subsection (4) of this section, in determining whether a club is established and conducted in good faith as a club a magistrates’ court may have regard—

(a)to any arrangement restricting the club’s freedom of purchase of intoxicating liquor; and

(b)to any provision in the rules, or arrangement, under which money or property of the club, or any gain arising from the carrying on of the club, is or may be applied otherwise than for the benefit of the club as a whole or for charitable, benevolent or political purposes; and

(c)to the arrangements for giving members proper information as to the finances of the club, and to the books of account and other records kept to ensure the accuracy of that information; and

(d)to the nature of the premises occupied by the club.

(4)Subject to section 49(2) of this Act, where the rules of a club applying for the issue or renewal of a registration certificate conform with Schedule 7 to this Act, the court shall assume, as regards any matters not raised by an objection duly made in accordance with this Part of this Act, that the club satisfies the conditions of paragraphs (a) to (c) of subsection (2) of this section and, in the case of a renewal, also the conditions of paragraph (d) of that subsection, except that the court may, if it sees fit, inquire whether there is any such arrangement or provision in the rules as is referred to in paragraph (a) or (b) of subsection (3) of this section, and, if so, whether it is such that the club ought not to be treated as established and conducted in good faith as a club.

42 Modification of registration qualifications for certain clubs.E+W

(1)In the case of a club which is a registered society within the meaning of [F96the M11Industrial and Provident Societies Act 1965] or the M12Friendly Societies Act 1896—

(a)any requirement of paragraph (c) of subsection (2) of section 41 of this Act that a matter shall be managed by an elective committee shall be treated as satisfied so long as the matter is under the control of the members or of a committee appointed by the members (and references in this Act to that subsection shall be taken as referring to it as modified by this paragraph); and

(b)the rules of the club shall be treated as conforming with Schedule 7 to this Act so long as they conform with that Schedule as regards voting at general meetings and as regards election or admission to membership.

(2)Where the rules of a club make provision for a class of members to have limited rights or no rights of voting in relation to the affairs of the club, any question whether the requirements of the said paragraph (c) are satisfied in relation to the club, or whether the rules of the club conform with Schedule 7 to this Act shall, if the court determining the question so directs, be determined as if the exclusion of that class from voting to the extent provided for by the rules were authorised by the provisions of that Schedule as to voting at general meetings or elections; but the court shall not so direct unless satisfied that the provision so made by the rules is part of a bona fide arrangement made in the interests of the club as a whole and of that class of members for facilitating the membership of persons who are precluded by distance or other circumstances from making full use of the privileges of membership, and is not designed to secure for a minority of the members an unfair measure of control over the affairs of the club.

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Amendments (Textual)

Marginal Citations

43 Disqualification for and refusal of registration certificate.E+W

(1)A registration certificate shall not be issued or renewed, nor have effect, for premises disqualified by an order under section 47 of this Act for use for the purposes of a registered club, nor for licensed premises, nor for premises which include or form part of premises so disqualified or licensed premises; but this subsection does not prevent the issue or renewal for any premises of a registration certificate to take effect on their ceasing to be, include or form part of premises so disqualified or licensed premises.

(2)A magistrates’ court may refuse an application for the issue or renewal of a registration certificate, if it is proved that a person who, if a certificate is granted, will or is likely to take any active part in the management of the club during the currency of the certificate, is not a fit person, in view of his known character as proved to the court, to be concerned in the management of a registered club.

(3)A magistrates’ court may refuse an application for the issue or renewal of a registration certificate—

(a)if the premises or any premises including or forming part of them have been licensed premises within the twelve months preceding the making of the application but have ceased to be licensed premises by the forfeiture [F97or revocation] of the licence or by the refusal of an application to renew it; or

(b)if the club has other club premises which are licensed premises and the court is of opinion that the issue or renewal of the registration certificate is likely to give occasion for abuse by reason of any difference in the permitted hours in the premises or otherwise.

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Amendments (Textual)

44 Objections to and cancellation of registration certificate.E+W

(1)Objections to an application for the issue or renewal of a registration certificate for any premises may be made by the chief officer of police, by the local authority or by any person affected by reason of his occupation of or interest in other premises, and may be made on any one or more of the following grounds, that is to say—

(a)that the application does not give the information required by this Part of this Act, or the information is incomplete or inaccurate, or the application is otherwise not in conformity with this Part of this Act;

(b)that the premises are not suitable and convenient for the purpose in view of their character and condition and of the size and nature of the club;

(c)that the club does not satisfy the conditions of subsections (1) and (2) of section 41 of this Act, or that the application must or ought to be refused under section 43 of this Act;

(d)that the club is conducted in a disorderly manner or for an unlawful purpose, or that the rules of the club are habitually disregarded as respects the admission of persons to membership or to the privileges of membership or in any other material respect;

(e)that the club premises or any of them (including premises in respect of which the club is not registered or seeking registration) are habitually used for an unlawful purpose, or for indecent displays, or as a resort of criminals or prostitutes, or that in any such premises there is frequent drunkenness, or there have within the preceding twelve months been illegal sales of intoxicating liquor, or persons not qualified to be supplied with intoxicating liquor there are habitually admitted for the purpose of obtaining it;

and the court, if satisfied that the ground of objection is made out, may refuse the application and, in the case of an objection made on any of the grounds mentioned in paragraphs (a) to (c) of this subsection, shall do so unless in the case of an objection made on the ground mentioned in paragraph (b) the court thinks it reasonable not to, having regard to any steps taken or proposed to be taken to remove the ground of objection.

(2)A complaint against a club for the cancellation of a registration certificate held by the club for any premises may be made in writing to a magistrates’ court by the chief officer of police or by the local authority, and may be made on any ground on which objection might be made under paragraph (c), (d) or (e) of the preceding subsection to an application for the renewal of the certificate; and the court, if satisfied that on such an objection the application for renewal must or ought to be refused on that ground, shall cancel the certificate.

45 Inspection of premises before first registration.E+W

(1)Where a club applies for the issue of a registration certificate in respect of any premises, an officer of the local authority authorised in writing by that authority may, on giving not less than forty-eight hours’ notice to the person signing the application and, if the premises are not occupied by the club, to the occupier, and on production of his authority, enter and inspect the premises at any reasonable time on such day, not more than fourteen days after the making of the application, as may be specified in the notice; and a constable authorised in writing by the chief officer of police shall have the like right to enter and inspect the premises, but a chief officer of police shall not so authorise a constable unless in his opinion special reasons exist making it necessary that the premises should be inspected for the proper discharge of his functions in relation to the registration of clubs.

(2)Any person obstructing a constable or officer of a local authority in the exercise of the power conferred by this section shall be liable to a fine not exceeding [F98level 1 on the standard scale].

(3)If on an application by the chief officer of police or by the local authority it is made to appear to a magistrates’ court that, after reasonable steps had been taken by and on behalf of the applicant to inspect the premises in good time under subsection (1) of this section, it was not possible to do so within the time allowed, the court may extend the time allowed.

(4)Where a club applies for the renewal of a registration certificate in respect of different, additional or enlarged premises, the foregoing subsections shall have effect as if the application were, so far as relates to those premises, an application for the issue of a registration certificate.

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Amendments (Textual)

46 Rights of fire authorities in connection with registration of clubs.E+W

(1)As regards any matter affecting fire risks the local authority, if they are the fire authority, shall have the like rights in relation to the inspection of premises under section 45 of this Act on any application for the renewal of a registration certificate for the premises as they have in the case of an application for the issue of a certificate.

(2)Where the local authority is not the fire authority, the [F99chief executive] to the justices shall as soon as may be give the fire authority written notice of the making of an application for the issue or renewal of a registration certificate for any premises.

(3)As regards any matter affecting fire risks a fire authority other than the local authority shall have the like rights—

(a)in relation to the inspection of premises under section 45 of this Act, and

(b)in relation to the making of objections, on the ground mentioned in paragraph (b) of section 44(1) of this Act, to the issue or renewal of a registration certificate,

as the authority would have if they were the local authority.

(4)In this section “fire authority” means, in relation to any premises, the authority discharging in the area where the premises are situated the functions of fire authority under the M13Fire Services Act 1947.

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Amendments (Textual)

Marginal Citations

47 Power to order disqualification of premises.E+W

(1)Subject to the following provisions of this section, where a club is registered in respect of any premises, and a magistrates’ court cancels or refuses to renew the registration certificate for those premises on any ground mentioned in paragraph (c), (d) or (e) of section 44(1) of this Act, the court may order that, for a period specified in the order, the premises shall not be occupied and used for the purposes of any registered club.

(2)The period specified in an order under this section shall not exceed one year unless the premises have been subject to a previous order under this section or to a similar order under any previous enactment about clubs, and shall not in any case exceed five years.

(3)At any time while an order under this section is in force, a magistrates’ court, on complaint made by any person affected by the order, may revoke the order or vary it by reducing the period of disqualification specified in it.

(4)Any summons granted on a complaint under subsection (3) of this section for the revocation or variation of an order as respect any premises shall be served on the chief officer of police and on the local authority.

(5)The foregoing provisions of this section do not apply where the premises in respect of which the club is registered are situated in the city of Oxford and the club is mainly composed of past or present members of the University of Oxford.

48 Notification of alteration in rules of registered club.E+W

(1)Where any alteration is made in the rules of a club registered in respect of any premises, the secretary of the club shall give written notice of the alteration to the chief officer of police and to the clerk of the local authority.

(2)If the notice required by this section is not given within twenty-eight days of the alteration, the secretary shall be liable to a fine not exceeding [F100level 1 on the standard scale].

(3)Notwithstanding anything in [F101section 127(1) of the M14Magistrates’ Courts Act 1980], proceedings under this section for failing to give notice of an alteration of rules may be brought at any time within the twelve months following the date on which the alteration is made.

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Amendments (Textual)

Marginal Citations

49 Sale of intoxicating liquor by registered clubs.E+W

(1)Notwithstanding anything in any enactment, where a club is registered in respect of any premises, and the rules of the club provide for the admission to the premises of persons other than members and their guests and for the sale of intoxicating liquor to them by or on behalf of the club for consumption on the premises, then subject to the following provisions of this section the authority of a licence shall not be required for such a sale, and intoxicating liquor may be supplied to those persons and their guests for consumption on the premises as it may to members and their guests.

(2)In determining for the purposes of this Part of this Act whether a club is established and conducted in good faith as a club, a magistrates’ court may, notwithstanding anything in subsection (4) of section 41 of this Act, have regard to any provision made by the rules for the sale of intoxicating liquor by or on behalf of the club, and to the use made or intended to be made of any such provision; and paragraphs (c) and (d)(ii) of subsection (2) of that section shall apply in relation to the sale of intoxicating liquor by or on behalf of a club as they apply in relation to its supply to members of the club.

(3)Subject to subsection (4) of this section, a magistrates’ court, on the issue or renewal of a registration certificate for any premises, may attach to the certificate such conditions restricting sales of intoxicating liquor on those premises as the court thinks reasonable (including conditions forbidding or restricting any alteration of the rules of the club so as to authorise sales not authorised at the time of the application to the court), and subsection (1) of this section shall not authorise a sale in breach of any such condition.

(4)No condition shall be attached to a registration certificate under subsection (3) of this section so as to prevent the sale of intoxicating liquor to a person admitted to the premises as being a member of another club, if—

(a)the other club is registered in respect of premises in the locality which are temporarily closed; or

(b)both clubs exist for learned, educational or political objects of a similar nature; or

(c)each of the clubs is primarily a club for persons who are qualified by service or past service, or by any particular service or past service, in Her Majesty’s forces and are members of an organisation established by Royal Charter and consisting wholly or mainly of such persons; or

(d)each of the clubs is a working men’s club (that is to say, a club which is, as regards its purposes, qualified for registration as a working men’s club under the M15Friendly Societies Act 1896 and is a registered society within the meaning of that Act or of [F102the M16Industrial and Provident Societies Act 1965]).

(5)A registration certificate may, at the time of its renewal, or on the application of the club, or on complaint in writing made against the club by the chief officer of police or the local authority, be varied by imposing, varying or revoking any conditions authorised by subsection (3) of this section.

(6)At the hearing of an application for the issue or renewal of a registration certificate, or of an application by a club under subsection (5) of this section, the chief officer of police or the local authority shall be entitled, on giving written notice of intention to do so, to make representations as to the conditions which ought to be attached to the certificate under this section.

(7)Where the rules of a club registered in respect of any premises are altered so as to authorise at those premises sales of intoxicating liquor not authorised by the rules at the time of the application or last application by the club for the issue or renewal of a registration certificate for those premises, the alteration shall not be effective for the purposes of subsection (1) of this section until notice of it has been given in accordance with section 48 of this Act.

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Amendments (Textual)

Marginal Citations

50 Appeal to quarter sessions.E+W

(1)A club may appeal to [F103the Crown Court] against any decision of a magistrates’ court refusing to issue or renew a registration certificate, or cancelling a registration certificate, or against any decision of a magistrates’ court as to the conditions of a registration certificate relating to sales of intoxicating liquor, or against any order of a magistrates’ court under section 47 of this Act.

(2)Where the decision appealed against relates to two or more premises, the appeal may be brought in respect of any of those premises without the others.

(3)Where the decision appealed against was given on an application to the magistrates’ court by the club, no person shall be made a party to the appeal except a person who appeared before the magistrates’ court to make an objection to or representations on the application, but any such person shall be a party to the appeal, whether or not his objection related to the same premises as the appeal.

(4)Where a magistrates’ court refuses an application for the renewal of a registration certificate, the court may, on such conditions as it thinks fit, order that the certificate (as in force at the time of the application) shall continue in force pending the determination of an appeal against the refusal, or pending the consideration of the question of bringing such an appeal.

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Amendments (Textual)

51 Register of clubs.E+W

(1)The [F104chief executive] to the justices for any petty sessions area shall keep a register of clubs holding registration certificates for premises in the area.

(2)The register shall show for the premises in respect of which a club is registered the hours [F105on Christmas Day,] if any, fixed as the permitted hours by or under the rules of the club (as notified to the [chief executive] to the justices), and shall contain such other particulars, and shall be in such form, as may be prescribed by regulations of the Secretary of State.

Any regulations under this subsection shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)The register shall at all reasonable times be open to inspection on payment of the appropriate fee (if any) by any person, and without payment by any officer of police, by any officer of Customs and Excise, or by any officer of the local authority who is authorised in writing to inspect it on their behalf.

(4)Written notice, signed by the chairman or secretary of the club, shall be given to the [chief executive] to the justices of any change in the particulars of the club which are contained or required to be contained in the register by virtue of regulations under this section; and if the notice required by this subsection is not given within forty-two days of the change, the chairman and secretary shall each be liable to a fine not exceeding [F106level 3 on the standard scale].

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Amendments (Textual)

F105Words in s. 51(2) substituted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 2; S.I. 1995/1930, art. 2

52 Provisions as to different premises of same club.E+W

(1)A single registration certificate may relate to any number of premises of the same club, and on an application duly made a registration certificate may, at the time of renewal or otherwise, be varied as regards the premises to which it relates.

(2)Where a variation of a registration certificate would result in the club being registered in respect of different, additional or enlarged premises, and is to be made otherwise than at the time of renewal, the provisions of this Act shall apply as they apply in the case of a renewal, except that the variation shall not extend the duration of the certificate.

(3)Where a club seeks or holds a registration certificate for two or more premises not contiguous to one another, the court on an objection to the issue or renewal of the certificate or complaint for its cancellation may refuse to issue or renew it or may cancel it for some only of the premises, if the ground of objection or complaint relates only to those premises or is only made out for those premises, and the court is opinion that it is in the circumstances reasonable for the club to be or remain registered in respect of the other premises.

(4)No order shall be made under section 47 of this Act in relation to any premises unless the ground of objection or complaint relates to and is made out for those premises or contiguous premises.

53 Penalty for false statements.E+W

If an application by a club for the issue or renewal of a registration certificate or for the variation of a registration certificate, or a notice under section 51(4) of this Act, contains any statement known to the person signing it to be false in a material particular, or if a person recklessly signs any such application or notice containing a statement which is false in a material particular, the person signing the application or notice shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding [F107level 3 on the standard scale], or to both.

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Amendments (Textual)

54 Search warrants.E+W

If a justice of the peace is satisfied by information on oath that there is reasonable ground for believing—

(a)that there is ground for cancelling in whole or in part a registration certificate held by a club, and that evidence of it is to be obtained at the club premises or any of them; or

(b)that intoxicating liquor is sold or supplied by or on behalf of a club in club premises for which the club does not hold a registration certificate or a justices’ licence, or is kept in any club premises for sale or supply in contravention of this Part of this Act;

he may issue a search warrant under his hand to a constable authorising him at any time or times within one month from the date of the warrant to enter the club premises, or any of them, by force if need be, and search them and seize any documents relating to the business of the club.

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Modifications etc. (not altering text)

C9S. 54: power of seizure extended (prosp.) by 2001 c. 16, ss. 50, 52-54. 68, 138(2)-(4), Sch. 1 Pt. 1 para. 7

s. 54 modified (prosp.) (E.W.N.I.) by 2001 c. 16, ss. 55, 68, 138(2)-(4), Sch. 1 Pt. 3 para. 90 (with s. 57(3))

Licensing of club premisesE+W

55 Licensing of club premises.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109 any justices’ licence for club premises which is to be granted to a club, shall be taken out or granted in the name of an officer of the club nominated for the purpose by or on behalf of the club; and in relation to any premises for which a licence is so taken out or granted—

(a)the rights and obligations of the holder of the licence under the enactments relating to the sale of intoxicating liquor and to licensed premises shall attach to the person in whose name the licence is, and those enactments shall apply as if he were, as holder of the licence, in occupation of the premises; and

(b)for the purposes of those enactments any supply of intoxicating liquor by or on behalf of the club to a member as such or to any person on the order of a member shall be treated as sale of the liquor to the member, and references to a trade or trader shall apply accordingly.

(3)Where a justices’ licence is granted to a club for any club premises, then, notwithstanding that the club is registered in respect of other club premises, section 39(3) of this Act shall not apply to the supply of intoxicating liquor under the authority of the licence.

(4)Where a club is registered in respect of any club premises, and application is made for the grant (whether to the club or to another) of a justices’ licence for other club premises of the club, the licensing justices shall not grant the licence unless they are satisfied that the purposes of the licence would not be served by the club being registered in respect of the other premises also and that the grant of the licence is not likely to give occasion for abuse by reason of any difference in the permitted hours in the premises or otherwise.

(5)Where a justices’ licence granted for club premises is subject to conditions forbidding or restricting the sale to non-members of intoxicating liquor, the licensing justices may insert in the licence a provision relieving the holder, if and in so far as the justices think appropriate in view of those conditions, from compliance with any provision of this Act which requires notices to be displayed in or on licensed premises but does not apply to premises in respect of which a club is registered.

(6)Any such conditions as are mentioned in subsection (5) of this section may be attached under section 4(1) of this Act to a new justices’ on-licence for club premises, notwithstanding that the licence is for the sale of wine alone . . . F110

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Amendments (Textual)

Miners’ welfare institutesE+W

56 Application of Part II to miners’ welfare institutes.E+W

(1)A miners’ welfare institute may be registered under this Part of this Act as a club subject to and in accordance with subsection (2) of this section, and in relation to such an institute while so registered this Act and any other enactment relating to the sale or supply of intoxicating liquor shall have effect, subject to that subsection, as if—

(a)the institute were a club occupying the premises of the institute and having for members the persons from time to time enrolled as members of the institute; and

(b)intoxicating liquor supplied or kept for supply by or on behalf of the trustees or managers in carrying on the institute to members or others were the liquor of the club supplied or kept for supply on behalf of the club.

(2)In relation to the registration of a miners’ welfare institute in respect of any premises of the institute sections 40 to 53 of this Act shall apply as they apply in the case of a club and premises occupied by the club, except that the following provisions and so much of any other provision as refers to any of them shall not apply, that is to say, subsections (2) to (4) of section 41, section 42 and paragraphs 5(c) and 6 to 8 of Schedule 5 to this Act.

(3)In this section “miners’ welfare institute” means an association organised for the social well-being and recreation of persons employed in or about coal mines (or of such persons in particular); but nothing in this section shall apply in relation to a miners’ welfare institute unless F111

[F111(a)it is managed by a committee or board of which not less than two-thirds consists partly of persons appointed by or on the nomination of, or appointed or elected from among persons nominated by, a licensed operator or operators (within the meaning of the Coal Industry Act 1994) and partly of persons appointed by or on the nomination of, or appointed or elected from among persons nominated by, an organisation or organisations representing persons employed in or about coal mines;

(aa)in the case of an institute in relation to which either—

(i)the making of an appointment or nomination by a licensed operator, or

(ii)the making of an appointment or nomination by such an organisation as is mentioned in paragraph (a) above,

is not practicable or would not be appropriate, it is managed by a committee or board of which not less than two-thirds consists partly of persons employed or formerly employed in or about coal mines and partly of persons appointed by the Coal Industry Social Welfare Organisation or a body or person to which the functions of that Organisation have been transferred under section 12(3) of the Miners’ Welfare Act 1952; or]

(b)the premises of the institute are held on trusts to which section 2 of the M17Recreational Charities Act 1958 applies.

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Amendments (Textual)

F111S. 56(3): for paragraph (a) and the word immediately preceding it, s. 56(3)(a)(aa) substituted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 8; S.I. 1994/2552, art. 2, Sch. 1

Marginal Citations

SupplementalE+W

57 Applications to magistrates’ court under Part II.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112 where this Part of this Act provides for an application to be made with respect to any premises to a magistrates’ court, the application shall be made to a magistrates’ court acting for the petty sessions area in which the premises are.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114

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Amendments (Textual)

58 Interpretation of Part II.E+W

(1)In this Part of this Act—

(a)local authority” means the Common Council of the City of London, or the council of the . . . F115, London borough or . . . F116 district [F117or, in Wales, the council of the county or county borough,], according to the situation of the premises in question; and

(b)clerk of the local authority” means, in the City of London or a borough, the town clerk.

(2)References in this Part of this Act to the chief officer of police shall be construed as referring to the chief officer of police for the police area in which the premises in question are, but anything required or authorised by this Part of this Act to be done by or to a chief officer of police may be done by or to any officer of police designated by the chief officer.

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Amendments (Textual)

F117Words in s. 58(1)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 6 para. 22(1)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4 Sch. 2

Modifications etc. (not altering text)

Part IIIE+W Permitted Hours

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Modifications etc. (not altering text)

Prohibition of sale, etc. of intoxicating liquor outside permitted hoursE+W

59 Prohibition of sale, etc. of intoxicating liquor outside permitted hours.E+W

(1)Subject to the provisions of this Act, no person shall, except during the permitted hours—

(a)himself or by his servant or agent sell or supply to any person in licensed premises or in premises in respect of which a club is registered any intoxicating liquor, whether to be consumed on or off the premises; or

(b)consume in or take from such premises any intoxicating liquor.

(2)If any person contravenes this section he shall be liable to a fine not exceeding [F118level 3 on the standard scale].

(3)This section does not apply in relation to intoxicating liquor sold under an occasional licence.

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Amendments (Textual)

Modifications etc. (not altering text)

C12S. 59 excluded (14.10.1994) by S.I. 1994/2478, art. 4

General provisions as to permitted hoursE+W

60 Permitted hours in licensed premises.E+W

(1)Subject to the following provisions of this Part of this Act [F119and the Regulatory Reform (Special Occasions Licensing) Order 2001], the permitted hours in licensed premises shall be—

(a)on weekdays, other than Christmas Day [F120, Good Friday or New Year’s Eve, or 3rd June 2002], the hours from eleven in the morning to [F121eleven] in the evening, . . . F122; and

[F123(b)on Sundays, other than Christmas Day [F124or New Year’s Eve], and on Good Friday, the hours from twelve noon to half past ten in the evening; F125. . .

(c)on Christmas Day, the hours from twelve noon to half past ten in the evening, with a break of four hours beginning at three in the afternoon.][F126and

(d)on any New Year’s Eve and on 3rd June 2002, the hours set out in article 3 of the Regulatory Reform (Special Occasions Licensing) Order 2001]

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

(4)The licensing justices for any licensing district, if satisfied that the requirements of the district make it desirable, may by order modify for the district the hours specified in subsection (1)(a) of this section, [F128so that the permitted hours begin at a time earlier than eleven, but not earlier than ten, in the morning].

(5)In this Act “the general licensing hours” means, in relation to any licensing district, the hours specified in paragraphs [F129(a) to (c)] of subsection (1) of this section, with any modification applying in the district by virtue of [F130subsection] (4) of this section.

(6)In premises licensed for the sale of intoxicating liquor for consumption off the premises only the permitted hours on weekdays, other than Christmas Day F131. . ., shall begin at . . . F132 eight in the morning . . . F133[F134and the permitted hours on Sundays, other than Christmas Day, shall begin at ten in the morning]

(7)References in this Act to the permitted hours shall, except in so far as the context otherwise requires, be construed in relation to any licensed premises where the permitted hours are restricted by any conditions attached to the licence, as referring to the hours as so restricted.

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Amendments (Textual)

F119Words in s. 60(1) inserted (7.12.2001) by S.I. 2001/3937, art. 2(2)

F120Words in s. 60(1)(a) substituted (7.12.2001) by S.I. 2001/3937, art. 2(3)

F123S. 60(1)(b)(c) substituted for s. 60(1)(b) (6.8.1995) by 1995 c. 33, s. 1(2);S.I. 1995/1930, art. 2

F124Words in s. 60(1)(b) inserted (7.12.2001) by S.I. 2001/3937, art. 2(4)(a)

F125Word in s. 60(1)(b) omitted (7.12.2001) by virtue of S.I. 2001/3937, art. 2(4)(b)

F126S. 60(1)(d) and the prededing word inserted (7.12.2001) by S.I. 2001/3937, art. 2(5)

F129Words in s. 60(5) substituted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 3; S.I. 1995/1930, art. 2

F131Words in s. 60(6) repealed (6.8.1995) by 1995 c. 33, ss. 1(3), 4(2), Sch. 2; S.I. 1995/1930, art. 2

F134Words in s. 60(6) inserted (6.8.1995) by 1995 c. 33, s. 1(3); S.I. 1995/1930, art. 2

Modifications etc. (not altering text)

C15S. 60(4)(5) applied (with modifications) (7.12.2001) by S.I. 2001/3937, art. 3(2)

61 Orders varying permitted hours.E+W

(1)The power of licensing justices to make orders under [F135subsection] (4) of section 60 of this Act shall be exercised by them at their general annual licensing meeting in accordance with such procedure as may be prescribed by rules made by the Secretary of State.

(2)An order under [F136that subsection] may make different provisions for different periods of the year or for different weekdays in every week of the year or of any such period, or may make provision to take effect for particular periods only, or for particular weekdays in every week of the year or of any such period, but no alteration of the general licensing hours shall take effect within eight weeks of another.

(3)The power of licensing justices to make an order under [F136that subsection] shall include power to vary or revoke an order so made by a subsequent order.

(4)An order made under [F136that subsection] shall be published in such manner as the Secretary of State may direct.

(5)A document purporting to be an order made by licensing justices under [F136that subsection] and to be issued by them shall be received in evidence.

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Amendments (Textual)

62 Permitted hours in clubs.E+W

[F137(1)The permitted hours in premises in respect of which a club is registered shall be—

[F138(a)on days other than Christmas Day, the general licensing hours;]

(b)on [F139Christmas Day,], the hours fixed by or under the rules of the club in accordance with the following conditions—

(i)the hours fixed shall not be longer than [F140six] and a half hours and shall not begin earlier than twelve noon nor end later than half past ten in the evening;

(ii)there shall be a break in the afternoon of not less than two hours which shall include the hours from three to five; and

(iii)there shall not be more than three and a half hours after five.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

(3)Written notice (signed by the chairman or secretary of the club) of the hours [F142on Christmas Day] fixed as the permitted hours for any club premises by or under the rules of the club shall be given to the [F143chief executive] to the justices for the petty sessions area in which the premises are; and no decision fixing those hours shall be effective until notice is so given, but the hours previously fixed and notified, if any, shall continue to apply.

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Amendments (Textual)

F139Words in s. 62(1)(b) substituted (6.8.1995) by 1995 c. 33, s. 2(1)(b); S.I. 1995/1930, art. 2

F142Words in s. 62(3) substituted (6.8.1995) by 1995 c. 33, s. 2(2); S.I. 1995/1930, art. 2

ExceptionsE+W

63 Exceptions from prohibition of sale, etc. of intoxicating liquor outside permitted hours.E+W

(1)Where any intoxicating liquor is supplied in any premises during the permitted hours, section 59 of this Act does not prohibit or restrict—

(a)during the first [F144twenty minutes] after the end of any period forming part of those hours, the consumption of the liquor on the premises, nor, unless the liquor was supplied or is taken away in an open vessel, the taking of the liquor from the premises;

(b)during the first half hour after the end of such a period, the consumption of the liquor on the premises by persons taking meals there, if the liqour was supplied for consumption as an ancillary to their meals.

(2)Section 59 of this Act does not prohibit or restrict—

(a)the sale or supply to, or consumption by, any person of intoxicating liquor in any premises where he is residing;

(b)the ordering of intoxicating liquor to be consumed off the premises, or the despatch by the vendor of liquor so ordered;

(c)the sale of intoxicating liquor to a trader for the purposes of his trade, or to a registered club for the purposes of the club; or

(d)the sale or supply of intoxicating liquor to any canteen or mess.

(3)Section 59 of this Act does not prohibit or restrict as regards licensed premises—

(a)the taking of intoxicating liquor from the premises by a person residing there; or

(b)the supply of intoxicating liquor for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of intoxicating liquor by persons so supplied; or

(c)the supply of intoxicating liquor for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

(4)In subsection (2) of this section, as it applies to licensed premises, and in subsection (3) of this section, references to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

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Amendments (Textual)

Modifications etc. (not altering text)

Restrictions on permitted hours in licensed premisesE+W

64 Seasonal licenses.E+W

(1)The licensing justices for any licensing district, if satisfied that the requirements of the district make it desirable, may at the request of the person applying for the grant of a justices’ on-licence, or on an application by the holder of such a licence, insert in the licence a condition that, during such part or parts of the year as may be specified in the condition, there shall be no permitted hours in the premises.

(2)A licence in which such a condition is inserted is in this Act referred to as a seasonal licence.

(3)Licensing justices may vary or revoke such a condition either on an application by the holder of the licence or on the renewal, transfer or removal of the licence and at the request of the person applying for the renewal, transfer or removal.

65 Six-day and early-closing licences.E+W

(1)Licensing justices shall, at the request of the person applying for the grant of a justices’ on-licence [F145, or on an application by the holder of such a licence,], insert in the licence—

(a)a condition that on Sundays there shall be no permitted hours in the premises; or

(b)a condition that the permitted hours shall end one hour earlier in the evening than the general licensing hours.

(2)A licence in which a condition is inserted under subsection (1) of this section is in this Act referred to as a six-day licence if the condition is as mentioned in paragraph (a), and as an early-closing licence if the condition is as mentioned in paragraph (b) of that subsection.

[F146(3)Licensing justices shall revoke a condition inserted under subsection (1) of this section in an application by the holder of the licence requesting them to do so.]

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Amendments (Textual)

66 Sunday closing in Wales and Monmouthshire.E+W

(1)There shall be no permitted hours on any Sunday in licensed premises in Wales and Monmouthshire, except in a [F147county or county borough] in which this subsection does not apply.

F148(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the local government electors for a [F149county or county borough] in which subsection (1) of this section applies determine by a majority, on a poll held in accordance with this and the next following section, that that subsection shall not apply, it shall not apply in that [F149county or, as the case may be, county borough]; and if the local government electors for a [F149county or county borough] in which that subsection does not apply determine by a majority on a poll so held that that subsection shall apply, it shall apply in that [F149county or, as the case may be, county borough].

(4)There shall be no poll under this section for a [F150county or county borough], unless it is requisitioned by not less than five hundred local government electors for the [F150county or county borough], and a requisition shall not be effective unless—

(a)it is contained in one or more requisition papers in the form in the appendix to Schedule 8 to this Act, signed by the requisitioning electors and giving the particulars of them required by that form; and

(b)the requisition papers are delivered to the [F151proper officer of the [F152county council or, as the case may be, county borough council]] within the two months following 3rd August [F1531996], or within the same period seven or any multiple of seven years thereafter, and each requisition paper is accompanied by a statutory declaration verifying the signatures on it or by two or more statutory declarations between them verifying those signatures.

(5)Subject to subsection (6) of this section, the date for a poll under this section in any year shall be the same for all [F154counties and county boroughs] and shall be such day as the Secretary of State may direct, being not more than six weeks after the end of the period allowed under subsection (4) of this section for delivering requisition papers for the poll.

(6)If polling day at a general election for Parliament falls within the eight weeks after the end of the period allowed under subsection (4) of this section for delivering requisition papers, the date for the poll under this section may be more than six, but not more than twelve, weeks after the end of that period, and if Parliament is dissolved after the date has been fixed by a direction under subsection (5) of this section, the Secretary of State may revoke that direction and give a new direction fixing a later date.

(7)On receipt of a requisition for a poll under this section the [F151proper officer of the [F155county council or county borough council]] shall forthwith notify the Secretary of State, and after satisfying himself that the requisition complies with subsection (4) of this section (for which purpose he shall assume that the papers are signed by the persons by whom they purport to be signed) shall as soon as may be give public notice in the [F155county or county borough] in such manner as he thinks sufficient of the holding of the poll, and if the date for the poll is afterwards altered under subsection (6) of this section shall again give public notice accordingly.

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Amendments (Textual)

F147Words in s. 66(1) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(a)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

F148S. 66(2) repealed (1.4.1996) by 1994 c. 19, ss. 66(6)(8), Sch. 16 para. 22(2)(b), Sch. 18(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

F149Words in s. 66(3) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(c)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4 Sch. 2

F150Words in s. 66(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(d)(ii)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4 Sch. 2

F151Words substituted by the Local Government ACt 1972 (c. 70, SIF 81:1) Sch. 25, para. 3

F152Words in s. 66(4) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(d)(i)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4 Sch. 2

F153Words in s. 66(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(d)(iii)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

F154Words in s. 66(5) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(e)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4 Sch. 2

F155Words in s. 66(7) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(f)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

67 Supplementary provisions for Welsh Sunday polls.E+W

(1)The following provisions of this section shall apply in relation to a poll under section 66 of this Act.

(2)Subject to the provisions of Schedule 8 to this Act—

(a)the poll shall be conducted, and the expenses thereof paid, in all respects as if polls were being held throughout the [F156county or county borough] at an ordinary election of [F156councillors of the county or (as the case may be) county borough]; and

(b)all persons having any duties in connection with the conduct of such an election shall have the like duties in connection with the poll.

(3)When the number of votes cast on either side has been ascertained for the whole of any [F157county or county borough], the [F158chairman of the [F157county council or (as the case may be) county borough council]] shall declare the result of the poll, and shall deliver a certificate of the result, signed by him, to the [F158proper officer of the [F157county council or (as the case may be) county borough council]].

(4)If the decision on the poll is that subsection (1) of section 66 of this Act shall not apply where it applied before, or shall apply where it did not apply before, the decision shall take effect with the first Sunday not earlier than the fourth day after the date of the poll; and if the decision is that that subsection shall not apply where it applied before, any condition in a licence previously granted for premises in the [F159county or county borough] under which the licence is a six-day licence shall be void (but without prejudice to the right to have such a condition re-inserted on the next or any subsequent application for a licence).

(5)The following provisions of the [F160Representation of the M18People Act 1983] shall apply as if the poll were a poll at an ordinary election of [F161councillors of the county or county borough], that is to say—

(a)[F160section 60, section 61] except subsections (1) and (4), and in [F160section 65] subsection (1), except paragraph (a), and subsection (5) (which relate to personation, plural voting and other frauds in connection with voting);

(b)[F160section 66] (which contains provision for preventing disclosure of the candidate for whom a person votes and generally for securing the secrecy of the ballot);

(c)[F160sections 113 to 115] (which make bribery, treating and undue influence corrupt practices);

(d)[F160sections 168 to 170 and 173], so far as they relate to offences under any provision mentioned in the foregoing paragraphs prosecuted on indictment or in a magistrates’ court;

but as if—

(i)in [F160section 66] for the words “the candidate for whom" and for the words “the name of the candidate for whom" there were substituted the words “the result for which" and paragraph (b) of subsection (1) (which relates to the obligations of candidates and their agents) were omitted; and

(ii)in [F160section 113] for the references to procuring the return of any person at an election there were substituted references to procuring one or other result of the poll.

(6)If, with intent to influence persons to give or refrain from giving their votes at the poll, any person, after the end of the period allowed for delivering requisition papers, publishes an advertisement in a newspaper or other periodical or procures an advertisement to be so published, he shall be guilty of an illegal practice, and [F162sections 169 and 173 of the Representation of the M19People Act 1983] shall apply so far as they relate to offences prosecuted in a magistrates’ court; but the court before whom a person is convicted under this subsection may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of [F162section 173].

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Amendments (Textual)

F156Words in s. 67(2)(a) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(3)(a)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

F157Words in s. 67(3) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(3)(b)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

F159Words in s.67(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(3)(c)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

F161Words in s. 67(5) substituted (1.4.1996) by 1994 c. 19, s. 67(3)(d)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

Marginal Citations

[F163 Restriction orders with respect to licensed premises and clubs]E+W

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Amendments (Textual)

67A[F164 Restriction orders.]E+W

(1)An order under this section may be made with respect to—

(a)any licensed premises or part of licensed premises, other than premises licensed for the sale of intoxicating liquor for consumption off the premises only and any premises for which an occasional licence is in force; and

(b)any premises in respect of which a club is registered.

(2)An order under this section is referred to in this section and sections 67B, 67C and 67D of this Act as a “restriction order” and in those sections (and Schedule 8A to this Act) “theatre” means any premises in respect of which a notice under section 199 (c) of this Act is for the time being in force.

(3)Where a restriction order is in force with respect to any premises or part of any premises, the permitted hours in those premises or that part shall not include any time specified in the order.

(4)A restriction order may

[F165(a)specify any time between half past two and half past five in the afternoon on weekdays other than Good Friday, and between three and seven in the afternoon on Sundays and Good Friday, and

(b)]apply in relation to particular days of the week specified in the order and in relation to particular periods of the year so specified.

(5)The power to make a restriction order shall be exercisable—

(a)with respect to licensed premises, by licensing justices, and

(b)with respect to premises in respect of which a club is registered, by a magistrates’ court,

on application being made to them under this section.

(6)An application for a restriction order may be made by—

(a)the chief officer of police;

(b)any person living in the neighbourhood, or any body representing persons who do;

(c)any person carrying on a business in the neighbourhood or managing or otherwise in charge of it in the neighbourhood; or

(d)the head teacher or other person in charge of any educational establishment in the neighbourhood.

(7)A restriction order may be made—

(a)on the ground that it is desirable to avoid or reduce any disturbance of or annoyance to—

(i)persons living or working in the neighbourhood,

(ii)customers or clients of any business in the neighbourhood, or

(iii)persons attending, or in charge of persons attending, any educational establishment in the neighbourhood,

due to the use of the premises or part of the premises; or

(b)on the ground that it is desirable to avoid or reduce the occurrence of disorderly conduct in the premises or part of the premises or the occurrence in the vicinity of the premises of disorderly conduct on the part of persons resorting to the premises or part of the premises.

(8)The terms of a restriction order shall be such as the licensing justices or, as the case may be, the magistrates’ court think fit.

(9)A restriction order shall have effect as from the date specified in it and (unless revoked or varied or the licence or registration ceases to be in force) for the period specified in it, which shall not exceed twelve months.

(10)Schedule 8A to this Act shall have effect as respects the procedure for the making of restriction orders.

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Amendments (Textual)

F165Words in s. 67A(4) substituted (6.8.1995) by 1995 c. 33, s. 3; S.I. 1995/1930, art. 2

[F16667B Restriction orders: appealsE+W

(1)Any holder of a justices’ licence, any club or any proprietor of a theatre aggrieved by a decision of licensing justices or a magistrates’ court—

(a)granting a restriction order, or

(b)as to the terms of a restriction order,

may appeal to the Crown Court against the decision.

(2)On an appeal under this section against a restriction order the applicant for the order shall be respondent in addition to the licensing justices or justices, as the case may be.

(3)Where an appeal is brought under this section against a restriction order, the operation of the order shall be suspended until the disposal of the appeal, unless the licensing justices or magistrates’ court, as the case may be, or the Crown Court otherwise order.

(4)The judgment of the Crown Court on any appeal under this section shall be final.]

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Amendments (Textual)

[F16767C Revocation or variation of restriction orders.E+W

(1)Subject to subsection (2) below, where a restriction order is in force in respect of any premises or part of any premises the holder of the justices’ licence, the club or the proprietor of the theatre, as the case may be, may apply to the licensing justices or magistrates’ court who made the order to have it revoked or its terms varied.

(2)No application for the revocation or variation of a restriction order shall be made within the period of six months beginning with the date on which the order came into force nor where a previous application has been made under this section with respect to the order.

(3)On an application under this section in relation to a restriction order, the licensing justices or the magistrates’ court may, if they think fit—

(a)where revocation of the order is sought, either revoke it or make such an order varying its terms as they think fit; and

(b)where variation of the terms of the order is sought, make such an order varying its terms as they think fit.

(4)Schedule 8A to this Act shall have effect as respects the procedure for the revocation or variation of restriction orders.]

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Amendments (Textual)

[F16867D Duty to post notice of restriction order on premises.E+W

(1)Where a restriction order is in force with respect to any licensed premises, the holder of the licence or the theatre proprietor, as the case may be, shall keep posted in some conspicuous place there a notice stating the effect of the order on the permitted hours.

(2)Where a restriction order has effect with respect to a part only of licensed premises, subsection (1) above requires the notice to be posted in that part of the premises.

(3)A person contravening this section shall be liable to a fine not exceeding level 1 on the standard scale.]

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Amendments (Textual)

Extension of permitted hours in licensed premises and clubsE+W

68 Extension of permitted hours in restaurants, etc.E+W

(1)In any premises to which either of the following paragraphs applies there shall be added to the permitted hours (so far as not otherwise comprised in them) for the purpose and in the part of the premises mentioned in subsection (2) of this section—

(a)where this paragraph applies, the period [F169, on [F170Christmas Day,] between the first and second parts of the general licensing hours;]

(b)where this paragraph applies, the hour following the general licensing hours;

but for other purposes, or in other parts of the premises, the permitted hours shall be the same as if that paragraph did not apply to the premises.

(2)The addition shall be for the purpose of the sale or supply to persons taking table meals in the premises, and the consumption, of intoxicating liquor which is supplied—

(a)in a part of the premises usually set apart for the service of such persons; and

(b)for consumption by such a person in that part of the premises as an ancillary to his meal.

(3)Either or both paragraphs of subsection (1) of this section may be applied, in accordance with section 69 of this Act, to licensed premises or to premises in respect of which a club is registered, if the licensing justices for the district in which the licensed premises are situated are satisfied or, in the case of premises in respect of which a club is registered, the magistrates’ court is satisfied, that the premises are structurally adapted and bona 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.

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Amendments (Textual)

F170Words in s. 68(1)(a) substituted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 4; S.I. 1995/1930, art. 2

69 Application of paragraph (a) or (b) of s. 68(1).E+W

(1)Each paragraph of section 68(1) of this Act may be applied by the holder of the licence or, as the case may be, the secretary of the club, as from such day as he may fix by notice to the chief officer of police served not less than fourteen days before that day and, if so applied, shall continue to apply until its application is terminated under subsection (2) of this section or—

(a)in the case of licensed premises, the licensing justices cease to be satisfied as mentioned in subsection (3) of the said section 68;

(b)in the case of premises in respect of which a club is registered, the magistrates’ court declares that it is no longer so satisfied.

(2)The holder of the licence or, as the case may be, the secretary of the club may terminate the application of either or both of the said paragraphs on 4th April in any year by notice to the chief officer of police served not less than fourteen days before that day.

70 Extended hours in restaurants, etc. providing entertainment.E+W

(1)Subject to the provisions of this section, where any licensed premises or premises in respect of which a club is registered are structurally adapted and bona fide used, or intended to be used, for the purpose of habitually providing, for the accommodation of persons frequenting them, musical or other entertainment as well as substantial refreshment, and the sale and supply of intoxicating liquor is ancillary to that refreshment and entertainment, then if—

(a)paragraph (b) of section 68(1) of this Act applies to the premises, and

(b)an order under this section is in force with respect to them,

the time added by the said section 68(1) to the permitted hours on [F171days] on which the entertainment is provided and the purpose for which the time is added shall, in any part of the premises habitually set apart for the provision of the refreshment and entertainment, be as mentioned in subsection (2) [F172or (2A)] of this section.

(2)[F173Subject to subsection (2A),]in any such part of the premises the time so added shall, . . . F174, extend until one o’clock in the morning following, . . . F174; and the purpose for which it is added shall be—

(a)the sale and supply, before the provision of the entertainment or the provision of substantial refreshment has ended, of intoxicating liquor for consumption in any such part of the premises; and

(b)the consumption of intoxicating liquor so supplied;

but this section does not authorise any sale or supply to a person admitted to the premises either after midnight or less than half an hour before the entertainment is due to end, except in accordance with subsection (2) of section 68 of this Act.

[F175(2A)If the order under this section applies to the permitted hours on a Sunday, subsection (2) has effect in relation to those permitted hours as if—

(a)for “one o’clock" there were substituted “half an hour past midnight", and

(b)for “midnight" there were substituted “half past eleven in the evening".]

(3)Where in any premises or part of premises the time added to the permitted hours by section 68(1) of this Act is so added for the purpose mentioned in subsection (2) of this section, section 59 of this Act does not restrict the consumption in the premises or part, during the first half hour after the entertainment ends, of intoxicating liquor supplied before it ends.

(4)In this section “entertainment” does not include any form of entertainment given otherwise than by persons actually present and performing; and, subject to the provisions of this Act, no premises or part shall be treated for the purposes of this section as used or intended to be used for the purpose of habitually providing refreshment and entertainment or as habitually set apart for that purpose, unless it is used or intended to be used, or is set apart, for the purpose of providing them after, and for a substantial period preceding, the end of the general licensing hours on every [F176day] or on particular [F176days]in every week, subject to any break for a period or periods not exceeding two weeks in any twelve successive months or on any special occasion or by reason of any emergency.

(5)The power to make an order under this section shall be exercisable—

(a)with respect to licensed premises, by licensing justices in accordance with section 71 of this Act; and

(b)with respect to premises in respect of which a club is registered, by the magistrates’ court in accordance with section 72 of this Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F171Word in s. 70(1) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 2(2)(a)

F172Words in s. 70(1) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 2(2)(b)

F173Words in s. 70(2) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 2(3)

F176Words in s. 70(4) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 2(5)

71 Orders of licensing justices under s. 70.E+W

(1)Licensing justices may make an order under section 70 of this Act with respect to any premises on the application of a person applying for or holding a justices’ licence for the premises.

(2)Any such order

[F177(a)shall lapse when the licence ceases to be in force otherwise than on its being superseded on renewal or transfer; and

(b)may be varied by a further such order.]

(3)Before making an application for an order under section 70 of this Act . . . F178, a person shall give notice of the application to the persons, in the manner and at the times required by Schedule 2 to this Act on an application for a new justices’ licence for the premises; but if through inadvertence or misadventure he fails to do so paragraph 7 of that Schedule shall apply.

[F179(3A)In the case of an order under section 70 of this Act which would extend the permitted hours on a Sunday, subsections (3B) to (3D) apply.

(3B)Before making an application at a licensing sessions for such an order in respect of premises in Greater London, a person shall, not less than twenty-one days before the day of the licensing sessions, give to the relevant local authority notice in writing of the application.

(3C)In considering whether to make such an order the licensing justices shall take account of—

(a)the special nature of Sunday, and

(b)any guidance on that special nature issued by the Secretary of State.

(3D)Where the licensing justices make such an order with respect to any premises in spite of an objection from a relevant local authority which is based on the residential character of the area in which the premises are situated, they shall state their reasons for doing so.]

(4)Where licensing justices make an order under section 70 of this Act with respect to any premises, the holder of the justices’ licence for the premises shall within fourteen days give notice of the making of the order to the chief officer of police, and shall send with the notice a copy of the order; and if he fails to do so he shall be liable to a fine not exceeding [F180level 1 on the standard scale].

[F181(5)In this section “relevant local authority"—

(a)if the premises are in England outside Greater London, means the district council;

(b)if the premises are in Wales, means the county or county borough council;

(c)if the premises are in the City of London, means the Common Council of the City of London; and

(d)if the premises are in a London borough, means the council of that borough.]

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Amendments (Textual)

72 Orders of magistrates’ court under s. 70.E+W

(1)The magistrates’ court may make an order under section 70 of this Act with respect to any premises on the application of the club which is registered in respect of the premises.

(2)Any such order shall lapse on the club’s registration certificate ceasing to be in force [F182without being renewed], but may be . . . F183 varied by a further such order.

[F184(2A)In the case of an order under section 70 of this Act which would extend the permitted hours on a Sunday, subsections (2B) to (2C) apply.

(2B)In considering whether to make such an order the magistrates’ court shall take account of—

(a)the special nature of Sunday, and

(b)any guidance on that special nature issued by the Secretary of State.

(2C)Where the magistrates’ court makes such an order with respect to any premises in spite of an objection from a relevant local authority which is based on the residential character of the area in which the premises are situated, they shall state their reasons for doing so.]

(3)Where the magistrates’ court makes an order under section 70 of this Act with respect to any premises the secretary of the club which is registered in respect of the premises shall within fourteen days give written notice of the making of the order to the chief officer of police, and shall send with the notice a copy of the order; and if he fails to do so he shall be liable to a fine not exceeding [F185level 1 on the standard scale].

[F186(4)In this section “relevant local authority" has the same meaning as in section 71(5) of this Act.]

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Amendments (Textual)

73 Supplementary provisions as to orders under s. 70.E+W

(1)An order under section 70 of this Act shall not be made unless it is shown that the condition of subsection (1) of that section as to the use or intended use of the premises is satisfied in relation to the premises or part of the premises, to the periods, to the [F187days] and to the times for which the order is to have effect, and that the premises or part of the premises is structurally adapted for the purpose; but in making an order by way of variation . . . F188 of a previous order licensing justices or the magistrates’ court may assume, unless they see reason to the contrary, that the conditions for the making of the previous order were and still are satisfied.

(2)Licensing justices or the magistrates’ court may refuse to make an order under the said section 70, or may in such an order limit the operation of that section to a particular part of the premises or to particular periods of the year or to particular [F189days] or to a time earlier than one o’clock in the morning [F190or, in the case of the morning following Sunday, half an hour past midnight] (and may impose different limitations in relation to different parts of the premises, different periods or different [F189days]), if it appears to them reasonable to do so having regard to all the circumstances and in particular to the comfort and convenience of the occupiers and inmates of premises in the neighbourhood.

(3)Where the use of any premises or part of premises for the purpose specified in subsection (1) of section 70 of this Act is, or is intended to be, limited to a particular period or periods of the year, an order under that section may be made to have effect for the whole or part of the period or periods in question, but excluding any period of less than four weeks.

(4)Licensing justices or, as the case may be, the magistrates’ court shall revoke an order under section 70 of this Act if they are satisfied on an application made by or on behalf of the chief officer of police for the police area in which the premises are situated, either—

(a)that use has not been made for the purpose specified in subsection (1) of that section of the premises or part of the premises for which the order has effect; or

(b)that it is expedient to revoke the order either by reason of the occurrence of disorderly or indecent conduct in the premises or part, or by reason of the conduct of persons resorting to the premises and any annoyance resulting or likely to result from it to the occupiers or inmates of premises in the neighbourhood, or by reason of the premises having been in any way ill-conducted.

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Amendments (Textual)

F187Word in s. 73(1) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 5(2)

F189Words in s. 73(2) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 5(3)(a)

F190Words in s. 73(2) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 5(3)(b)

74 Exemption orders.E+W

(1)Subject to the following provisions of this section, justices of the peace may—

(a)on an application by the holder of a justices’ on-licence for premises situated in the immediate neighbourhood of a public market or place where people follow a lawful trade or calling, or

(b)on an application by the secretary of a club registered in respect of any premises so situated,

make an order (in this Act referred to as a general order of exemption) adding, either generally or for such days as may be specified in the order, such hours as may be so specified to the permitted hours in those premises.

(2)Justices of the peace shall not make a general order of exemption unless satisfied, after hearing evidence, that it is desirable to do so for the accommodation of any considerable number of persons attending the public market, or following the trade or calling.

(3)Justices of the peace may revoke or vary a general order of exemption; but, unless it is proved that the holder of the justices’ on-licence or, as the case may be, the secretary of the club had notice of the revocation or variation, a person shall not be guilty of an offence under section 59 of this Act in doing anything that would have been lawful had the revocation or variation not been made.

(4)Justices of the peace may—

(a)on an application by the holder of a justices’ on-licence for any premises, or

(b)on an application by the secretary of a club registered in respect of any premises,

make an order (in this Act referred to as a special order of exemption) adding such hours as may be specified in the order to the permitted hours in those premises on such special occasion or occasions as may be so specified.

(5)Any power conferred by this section to add to the permitted hours in any premises may be exercised in either or both of the following manners, that is to say, by adding to them any hour not comprised in them or by adding to them for all purposes any hour comprised in them for limited purposes by virtue of section 68 or section 70 of this Act.

(6)In its application to premises in the City of London or the metropolitan police district [F191subsection (4) of] this section shall have effect as if for [F192the reference] to justices of the peace there were substituted—

(a)if the premises are in the City of London, [F192a reference] to the Commissioner of Police for the City of London acting with the approval of the Lord Mayor;

(b)if the premises are in the metropolitan police district, [F192a reference] to the Commissioner of Police for the Metropolis acting with the approval of the Secretary of State

[F193and the Commissioner of Police for the City of London and the Commissioner of Police for the Metropolis shall have the same power as justices’ clerks to charge fees in respect of matters arising under this section.]

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Amendments (Textual)

75 Procedural provisions as to exemption orders outside metropolitan area.E+W

(1)Any power of justices of the peace under section 74 of this Act shall be exercisable by justices acting for the petty sessions area in which the premises are situated, and by the number of justices, and in the place, required by [F194the M20Magistrates’ Courts Act 1980] for the hearing of a complaint.

(2)Subject to subsection (3) of this section, the justices may, if they see fit, make a special order of exemption without a hearing, if written application for the order is made by lodging two copies of the application with the [F195chief executive] to the justices not less than one month before the day or earliest day for which application is made.

(3)Where such an application is made—

(a)the [chief executive] on receipt of the application shall serve notice of it on the chief officer of police by sending him a copy of the application; and

(b)if, not later than seven days after the day he sends it, written notice of objection is given by or on behalf of the chief officer to the [chief executive] by lodging two copies with him, the application shall not be granted without a hearing, unless the objection is afterwards withdrawn by a further notice given in the same way; and

(c)the [chief executive], on receipt of any such notice of objection or notice withdrawing an objection, shall send a copy to the applicant.

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Amendments (Textual)

Marginal Citations

Special hours certificatesE+W

76 Permitted hours where special hours certificate in force.E+W

(1)This section applies to licensed premises or premises in respect of which a club is registered, or part of any such premises, during the time that—

(a)there is in force for the premises or part a special hours certificate granted under the following provisions of this Part of this Act; and

(b)the section is applied, under subsection (7) of this section, to the premises or part, by the holder of the licence or, as the case may be, the secretary of the club.

(2)Subject to the following provisions of this section, the permitted hours on weekdays . . . F196 in any premises or part of premises to which this section applies shall [F197extend until] two o’clock in the morning following, except that—

(a)the permitted hours shall end at midnight . . . F198 on any day on which music and dancing is not [F199or, in the case of casino premises, gaming facilities are not] provided after midnight; and

(b)on any day that music and dancing end [F200or, in the case of casino premises, gaming ends] between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing end [F201or, as the case may be, when the gaming ends][F202; and

[F203(c)in any premises or part for which a certificate is in force subject to a limitation imposed in pursuance of section 78A or 81A of this Act, the permitted hours on any day to which the limitation relates shall not extend beyond the time specified in the certificate.]]

[F204(2A)In relation to the morning on which summer time begins, subsection (2) of this section shall have effect—

(a)with the substitution of references to three o’clock in the morning for references to two o’clock in the morning; and

(b)where the permitted hours in any premises or part of premises extend to a time between one o’clock and two o’clock in the morning by virtue of a limitation in the special hours certificate imposed pursuant to section 78A or 81A of this Act, as if the permitted hours extended to one hour after that specified in the certificate.]

(3)In relation to premises which are situated in any part of the metropolis outside the City of London which is specified for the purposes of this subsection by an order of the Secretary of State, subsection (2) of this section shall have effect

[F205(a)except in relation to the morning on which summer time begins,]

with the substitution of references to three o’clock in the morning for the references to two o’clock in the morning [F206, and

(b)in relation to that morning, with the substitution of references to four o’clock in the morning for the references to two o’clock in the morning.]

[F207(3A)Subject to the following provisions of this section, the permitted hours on Sundays in any premises or part of premises to which this section applies shall extend until thirty minutes past midnight in the morning following, except that—

(a)the permitted hours shall end at midnight on any Sunday on which music and dancing is not or, in the case of casino premises, gaming facilities are not provided after midnight;

(b)where music and dancing end or, in the case of casino premises, gaming ends between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends; and

(c)in any premises or part for which a certificate is in force subject to a limitation imposed in relation to Sundays in pursuance of section 78A or 81A of this Act, the permitted hours shall not extend beyond the time specified in the certificate.

(3B)In relation to any Sunday which falls immediately before a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 F208, other than Easter Sunday, subsection (3A) shall have effect—

(a)in the case of premises which are situated as mentioned in subsection (3), with the substitution for the references to thirty minutes past midnight in the morning following of references to three o’clock in the morning following; and

(b)in the case of any other premises, with the substitution for the references to thirty minutes past midnight in the morning following of references to two o’clock in the morning following.]

(4)Where the permitted hours are fixed by this section, section 63(1) of this Act shall apply to the consumption of liquor on the premises as if in paragraph (a) thereof half an hour were substituted for [F209twenty] minutes and paragraph (b) thereof were omitted.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F210

(6)Where a special hours certificate for any premises or part of premises is limited to particular days in every week, this section does not affect the permitted hours in the premises on days on which the certificate does not apply.

[F211(6A)Subsections (3A) and (3B) shall not apply to a certificate granted before the coming into force of those subsections or to a certificate granted after that time that does not extend to Sundays; but any such certificate may be varied by the licensing justices or, as the case may be, magistrates’ court on the application of the licensee or club.]

(7)The holder of the licence or, as the case may be, the secretary of the club, may apply this section, or terminate its application, from such day as he may fix by notice in writing to the chief officer of police served not less than fourteen days before that day.

[F212(8)In this section, references to summer time are to the period of summer time for the purposes of the M21Summer Time Act 1972.]

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Amendments (Textual)

F199Words in s. 76(2)(a) inserted (3.4.1997) by S.I. 1997/950, art. 4(2)(a)

F200Words in s. 76(2)(b) inserted (3.4.1997) by S.I. 1997/950, art. 4(2)(b)

F201Words in s. 76(2)(b) inserted (3.4.1997) by S.I. 1997/950, art. 4(2)(c)

F204S. 76(2A) inserted (1.5.1996) by S.I. 1996/977, art. 2(2)

F205Words in s. 76(3) inserted (1.5.1996) by S.I. 1996/977, art. 2(3)(a)

F206Words in s. 76(3) inserted (1.5.1996) by S.I. 1996/977, art. 2(3)(b)

F212S. 76(8) inserted (1.5.1996) by S.I. 1996/977, art. 2(4)

Marginal Citations

77 Special hours certificates for licensed premises.E+W

If, on an application made to the licensing justices with respect to licensed premises . . . F213 the justices are satisfied—

[F214(a)that the premises are—

(i)casino premises, or

(ii)premises for which a music and dancing licence is in force, and

(b)that the whole or any part of the premises is structurally adapted, and bona fide used, or intended to be used, for the purpose of providing for persons resorting to the premises—

(i)in the case of casino premises, gaming facilities and substantial refreshment, and

(ii)in the case of any other premises, music and dancing and substantial refreshment,

to which the sale of intoxicating liquor is ancillary,]

the licensing justices [F215may] grant [F216, with or without limitations,] a special hours certificate for the premises or, if they are satisfied that part only of the premises is adapted or used or intended to be used as mentioned in paragraph (b) of this section, for that part.

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Amendments (Textual)

F214S. 77(a)(b) substituted (3.4.1997) by S.I. 1997/950, art. 2

[F21777A Provisional grant of special hours certificates by licensing justicesE+W

(1)Where, on an application made by a person interested in any premises of in respect of which a grant or provisional grant of a justices’ licence has been made and which are to be, or are in the course of being, constructed, altered or extended, the licensing justices are satisfied—

[F218(a)that the premises are—

(i)casino premises, or

(ii)premises for which a music and dancing licence is in force,]

(b)that the whole or any part of the premises is intended to be used, and, if completed in accordance with plans deposited with the licensing justices, will be structurally adapted, for the purpose of providing for persons resorting to the premises,

[F219(i)in the case of casino premises, gaming facilities and substantial refreshment, and

(ii)in the case of any other premises, music and dancing and substantial refreshment,

to which the sale of intoxicating liquor is ancillary,] the licensing justices may make a provisional grant, with or without limitations, of a special hours certificate for the premises or, if they are satisfied that part only of the premises is intended to be used or will be adapted as mentioned in paragraph (b) of this subsection, for that part.

(2)Where a special hours certificate has been granted under subsection (1) of this section, the licensing justices may, on application by the person who applied for the certificate, consent to any modification of the deposited plans if, in their opinion, the premises to which the certificate relates will, if completed in accordance with the modified plans, be structurally adapted for the purpose mentioned in paragraph (b) of that subsection.

(3)Where a special hours certificate has been granted under subsection (1) of this section, the licensing justices shall, after such notice has been given as they may require, declare the provisional grant final on being satisfied, in relation to the premises to which the certificate relates—

(c)that they are, or are part of, licensed premises;

[F220(b)that they are, or are part of—

(i)casino premises, or

(ii)premises for which a music and dancing licence is in force;]

(e)that they have been completed in accordance with the deposited plans.

(4)Until a provisional grant under subsection (1) of this section has been declared final under subsection (3) of this section, the certificate to which the provisional grant relates shall not be valid.

(5)Where licensing justices—

(a)refuse to make a provisional grant of a special hours certificate;

(b)make a provisional grant of such a certificate with limitations;

(c)refuse to declare a provisional grant of such a certificate final; or

(d)refuse to give consent, on the application of the person who applied for the certificate, to any modification of the deposited plans,

they shall specify in writing to the applicant their reasons for doing so.

(6)In subsection (1) of this section, references to premises for which a music and dancing licence is in force include premises for which a person holds a music and dancing licence which is subject to a condition that it shall be of no effect until confirmed.

(7)In this section and sections 78ZA and 81B F221 of this Act—

(a)“deposited plans", in relation to a special hours certificate, means the plans deposited in connection with the application for the certificate; and

(b)references to completion in accordance with the deposited plans are, where any modification of those plans has been consented to under subsection (2) of this section or section 78ZA(2) of this Act, to completion in accordance with those plans with that modification.]

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Amendments (Textual)

F217S. 77A inserted (1.5.1996) by S.I. 1996/977, art. 3

F218S. 77A(1)(a) substituted (3.4.1997) by S.I. 1997/950, art. 3(2)

F219Words in s. 77A(1)(b) substituted (3.4.1997) by S.I. 1997/950, art. 3(3)

F220S. 77A(3)(b) substituted (3.4.1997) by S.I. 1997/950, art. 3(4)

78 Special hours certificates for clubs.E+W

If, on an application made to the magistrates’ court with respect to premises in respect of which a club is or is to be registered, . . . F222 the court is satisfied—

(a)that a certificate granted under section 79 of this Act is in force for the premises, and

(b)that the whole or any part of the premises is structurally adapted, and bona fide used, or intended to be used, for the purpose of providing for the members of the club music and dancing and substantial refreshment to which the supply of intoxicating liquor is ancillary,

the court [F223may] grant [F224, with or without limitations,] a special hours certificate for the premises or, if the court is satisfied that part only of the premises is adapted or used or intended to be used as mentioned in paragraph (b) of this section, for that part.

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Amendments (Textual)

[F22578ZA Provisional grant of Special Hours Certificates by Magistrates’ CourtE+W

(1)Where, on an application made to the magistrates’ court with respect to premises in respect of which a club is or is to be registered and which are to be, or are in the course of being altered or extended, the court is satisfied—

(a)that a certificate granted under section 79 of this Act is in force for the premises; and

(b)that the whole or any part of the premises is intended to be used, and, if completed in accordance with plans deposited with the court, will be structurally adapted, for the purpose of providing for the members of the club music and dancing and substantial refreshment to which the supply of intoxicating liquor is ancillary,

the court may make a provisional grant, with or without limitations, of a special hours certificate for the premises or, if the court is satisfied that part only of the premises is intended to be used or will be adapted as mentioned in paragraph (b) of this subsection, for that part.

(2)Where a special hours certificate has been granted under subsection (1) of this section, the magistrates’ court may, on application by the person who applied for the certificate, consent to any modification of the deposited plans if, in its opinion, the premises to which the certificate relates will, if completed in accordance with the modified plans, be structurally adapted for the purpose mentioned in paragraph (b) of that subsection.

(3)Where a special hours certificate has been granted under subsection (1) of this section, the magistrates’ court shall, after such notice has been given as it may require, declare the provisional grant final on being satisfied, in relation to the premises to which the certificate relates—

(a)that they are, or are part of, premises in respect of which a club is or is to be registered;

(b)that they are, or are part of, premises for which a certificate granted under section 79 of this Act is in force; and

(c)that the premises have been completed in accordance with the deposited plans.

(4)Until a provisional grant under subsection (1) of this section has been declared final under subsection (3) of this section, the certificate to which the provisional grant relates shall not be valid.

(5)Where a magistrates’ court—

(a)refuses to make a provisional grant of a special hours certificate;

(b)makes a provisional grant of such a certificate with limitations;

(c)refuses to declare a provisional grant of such a certificate final; or

(d)refuses to give consent, on the application of the person who applied for the certificate, to any modification of the deposited plans,

it shall specify in writing to the applicant its reasons for doing so.]

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Amendments (Textual)

F225S. 78ZA inserted (1.5.1996) by 1996/977, art. 4

[F22678A Limitations on special hours certificates.E+W

(1)On an application for a special hours certificate the licensing justices or, as the case may be, the magistrates’ court may grant a certificate under section 77 [F227, 77A, 78 or 78ZA] of this Act limited in any of the following respects.

(2)The limitations referred to are limitations—

(a)to particular times of the day;

(b)to particular days of the week;

(c)to particular periods of the year.

(3)Different limitations may be imposed by virtue of subsection (2)(a) above for different days.

(4)Where a special hours certificate is subject to limitations under this section the licensing justices or, as the case may be, the magistrates’ court may, on the application of the licensee or the club, vary any limitation to which it is so subject.]

[F228(5)Subsections (6) to (9) apply to an application to the licensing justices or, as the case may be, the magistrates’ court for the grant of a special hours certificate which extends to Sundays or for the variation of a limitation so as to affect the operation of a special hours certificate in relation to Sundays.

(6)Not less than twenty-one days before making such an application to licensing justices, a person shall give notice to the relevant local authority.

(7)In considering whether to grant or vary a certificate in the manner described in subsection (5), the licensing justices or, as the case may be, the magistrates’ court shall (without prejudice to other functions in relation to the grant or variation) consider the exercise of the power to limit the certificate—

(a)to days not including Sunday, or

(b)to different times of the day on Sundays and on other days.

(8)In discharging their function under subsection (7), the licensing justices or, as the case may be, the magistrates’ court shall take account of—

(a)the special nature of Sunday, and

(b)any guidance on that special nature issued by the Secretary of State.

(9)Where the licensing justices or, as the case may be, the magistrates’ court grant a special hours certificate which extends to Sundays or vary a limitation so as to affect the operation of such a certificate in relation to Sundays in spite of an objection from a relevant local authority which is based on the residential character of the area in which the premises are situated, they shall state their reasons for doing so.

(10)In this section “relevant local authority" has the same meaning as in section 71(5) of this Act.]

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Amendments (Textual)

F227Words in s. 78A substituted (1.5.1996) by S.I. 1996/977, art. 5(2)

79 Licensing authority’s certificate of suitability of club premises for music and dancing.E+W

(1)If, on an application by the secretary of a club with regard to any premises in respect of which the club is or proposes to be registered [F229, the licensing authority under the statutory regulations for music and dancing] are satisfied that the premises (whether or not they are kept or intended to be kept for dancing, music or other public entertainment of the like kind) in all other respects fulfil the authority’s requirements for the grant of a music and dancing licence, the authority may grant a certificate for the premises under this section.

(2)The authority may grant a certificate under this section on such terms, and subject to such conditions or restrictions, as they think fit; and, subject to the following provisions of this section, the certificate shall remain in force for such period as may be specified therein.

(3)The authority may, on the application of the secretary of the club, from time to time renew a certificate granted under this section; and subsections (1) and (2) of this section shall apply to the renewal as they apply to the grant of a certificate.

(4)The authority may, on the application of the secretary of the club, waive or modify any condition or restriction subject to which a certificate has been granted or renewed under this section.

(5)If, while a certificate under this section is in force, it appears to the authority—

(a)that any condition or restriction subject to which the certificate was granted or last renewed, as the case may be, has not been complied with or, in the case of a condition or restriction that has been modified under subsection (4) of this section, that the condition or restriction as so modified has not been complied with, and

(b)that the condition or restriction has not been waived under that subsection,

the authority may give the secretary of the club notice in writing that they propose to revoke the certificate, specifying the ground upon which they propose to revoke it, and shall give him an opportunity of being heard by a person appointed by the authority for the purpose.

(6)The authority may, not less than seven days after the giving of a notice under subsection (5) of this section and, if the secretary avails himself of the opportunity of being heard, after considering the report of the person appointed to hear the secretary, revoke the certificate.

[F230(7)On any application for the grant or renewal of a certificate, or the waiver or modification of a condition or restriction in a certificate, under this section, the applicant shall pay a reasonable fee determined by the authority.]

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Amendments (Textual)

Modifications etc. (not altering text)

C17S. 79: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 para. B14

80 Special hours certificates limited to particular days or parts of the year.E+W

(1)Where a special hours certificate is granted for any premises or part of premises which are used or intended to be used only on particular [F231days] for the provision of music and dancing and substantial refreshment the certificate shall be limited to those days in the week on which it is shown to the satisfaction of the licensing justices or magistrates’ court granting it that music and dancing and refreshment are, or are intended to be, provided as required by section 77 [F232,77A, 78 or 78ZA] of this Act.

[F233(1A)Where a special hours certificate is granted for any premises or part of premises which —

(a)are, or are part of, casino premises; and

(b)are used or intended to be used only on particular [F231days] for the provision of gaming facilities and substantial refreshment,

the certificate shall be limited to those days in the week on which it is shown to the satisfaction of the licensing justices that gaming facilities and refreshment are, or are intended to be, provided as required by section 77 or 77A of this Act.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F234

(3)So long as the justices’ licence in force for any premises is a seasonal licence, any special hours certificate for those premises or any part of them shall be taken, except in so far as it is granted for a more restricted period under [F235section 78A of this Act], to extend, but only to extend, to the season during which there are permitted hours in the premises under the condition attached to the licence under section 64 of this Act.

(4)On the variation or revocation of the condition referred to in subsection (3) of this section, the licensing justices shall, if need be, vary the special hours certificate so as to secure that it does not operate except as respects any period or periods during which it is shown to their satisfaction that it is intended to use the premises or part in question as mentioned in section 77 [F236or, as the case may be, 77A] of this Act.

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Amendments (Textual)

F231Words in s. 80(1)(1A) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch para. 8

F232Words in s. 80(1) substituted (1.5.1996) by S.I. 1996/977, art. 5(3)(a)

F233S. 80(1A) inserted (3.4.1997) by S.I. 1997/950, art. 4(3)

F236Words in s. 80(4) inserted (1.5.1996) by S.I. 1996/977, art. 5(3)(b)

81 Revocation of special hours certificates.E+W

(1)If at any time while a special hours certificate is in force [F237there is not also in force for the premises to which or part of which the certificate relates—

(a)where the special hours certificate is granted by virtue of section 77(a)(i) or 77A(3)(b)(i) of this Act, a licence under the Gaming Act 1968, and

(b)where the special hours certificate is granted by virtue of section 77(a)(ii) or 77A(3)(b)(ii) of this Act, a music and dancing licence or, as the case may be, a certificate under section 79 of this Act,

the special hours certificate shall thereby be revoked.]

[F238(1A)Where a special hours certificate is revoked under subsection (1) above as a consequence of—

(a)an application for the renewal of a licence being refused under paragraph 6A(2) of Schedule 1 to the M22Local Government (Miscellaneous Provisions) Act 1982 or paragraph 2A(2) of Schedule 12 to the M23London Government Act 1963; or

(b)a licence being revoked under paragraph 11A(2) or 12(5) of Schedule 1 or paragraph 9A(2) or 10(4A) of Schedule 12,

the certificate shall be reinstated if the licence is subsequently renewed under paragraph 17 of Schedule 1 or paragraph 19 of Schedule 12 or if the licence is subsequently reinstated under paragraph 11A(4) or 17 of Schedule 1 or paragraph 9A(4) or 19 of Schedule 12.]

(2)At any time while a special hours certificate for any premises or part of premises is in force, the chief officer of police may apply to the licensing justices or, if it was granted under section 78 [F239or 78ZA] of this Act, to the magistrates’ court, for the revocation of the certificate on the ground that, while the certificate has been in force—

(a)the premises have not, or the part has not, been used as mentioned in section 77 [F240, 77A, 78 or, as the case may be, 78ZA] of this Act; or

(b)a person has been convicted of having at those premises or that part contravened section 59 of this Act;

or that on the whole the persons resorting to the premises or part are there, at times when the sale or supply of intoxicating liquor there is lawful by virtue only of the certificate, for the purpose of obtaining intoxicating liquor rather than for [F241an appropriate purpose]; and if the licensing justices or magistrates’ court are satisfied that the ground of the application is made out they may revoke the certificate.

[F242(2A)For the purposes of subsection (2) of this section, the following are appropriate purposes—

(a)in the case of casino premises, gaming and the obtaining of refreshments other than intoxicating liquor,

(b)in the case of any other premises, dancing and the obtaining of such refreshments]

(3)Where a special hours certificate is revoked under subsection (2) of this section in consequence of a contravention of section 59 of this Act, no special hours certificate shall be valid in relation to the premises or part in question, if it is issued on an application made earlier than two months after the date of the revocation or made earlier than such later time, if any (not being more than twelve months after that date) as may be specified in the order revoking the certificate.

[F243(4)At any time while a special hours certificate for any premises or for part of any premises is in force, the chief officer of police may apply to the licensing justices or, if it was granted under section 78 [F244or 78ZA] of this Act, to the magistrates’ court, for the revocation of the certificate on the ground that the revocation is expedient by reason of the occurrence of disorderly or indecent conduct in the premises or part to which the certificate relates; and if the licensing justices or the magistrates’ court, as the case may be, are satisfied that the ground of the application is made out, they shall revoke the certificate.]

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Amendments (Textual)

F237Words in s. 81(1) substituted (3.4.1997) by S.I. 1997/950, art. 4(4)(a)

F239Words in s. 81(1) substituted (1.5.1996) by S.I. 1996/977, art. 5(4)(a)(i)

F240Words in s. 81(2)(a) substituted (1.5.1996) by S.I. 1996/977, art. 5(4)(a)(ii)

F241Words in s. 81(2) substituted (3.4.1997) by S.I. 1997/950, art. 4(4)(b)

F242S. 81(2A) inserted (3.4.1997) by S.I. 1997/950, art. 4(4)(c)

F244Words in s. 81(4) inserted (1.5.1996) by S.I. 1996/977, art. 5(4)(b)

Marginal Citations

[F24581A Special hours certificates: further powers to impose limitations as to hours.E+W

(1)Limitations to particular times of the day may also be attached to special hours certificates by licensing justices or, as the case may be, a magistrates’ court as provided by subsections (2) and (3) below; and different limitations may be imposed under this section for different days.

(2)On an application for revocation of such a certificate under section 81(2) of this Act, the justices or court may, instead of revoking the certificate, attach any limitation authorised by subsection (1) above or vary any such limitation to which the certificate is subject under section 78A of this Act.

(3)At any time while such a certificate is in force (other than for any premises situated as mentioned in section 76(3) of this Act) the justices or court may, on the application of the chief officer of police, attach any limitation authorised by subsection (1) above or vary any such limitation to which the certificate is subject under section 78A of this Act.

(4)Where a special hours certificate is subject to limitations under subsection (2) or (3) above, the licensing justices or, as the case may be, the magistrates’ court may, on the application of the licensee or the club, vary any limitation to which it is so subject.]

[F246(5)Not less than twenty-one days before making an application under subsection (4) to licensing justices to vary a limitation under this section so as to affect the operation of a special hours certificate in relation to Sundays, the person making the application shall give notice to the relevant local authority.

(6)In considering under subsection (2) or (3) whether to attach any limitation authorised by subsection (1) or, under those subsections or subsection (4), whether to vary any limitation to which a special hours certificate is subject, the licensing justices or, as the case may be, the magistrates’ court shall consider the exercise of the power to limit the certificate—

(a)to days not including Sundays, or

(b)to different times of the day on Sundays and on other days.

(7)In discharging their function under subsection (6), the licensing justices or, as the case may be, the magistrates’ court shall take account of—

(a)the special nature of Sunday, and

(b)any guidance on that special nature issued by the Secretary of State.

(8)Where the licensing justices or, as the case may be, the magistrates’ court vary a limitation so as to affect the operation of a special hours certificate in relation to Sundays in spite of an objection from a relevant local authority which is based on the residential character of the area in which the premises are situated, they shall state their reasons for doing so.

(9)In this section “relevant local authority" has the same meaning as in section 71(5) of this Act.]

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Amendments (Textual)

F246S. 81A(5)-(9) inserted (19.3.2002) by 2001/920, art. 2, Sch. para. 9

[F24781AA Special hours certificates: exclusion of Sundays in case of disturbance etc.E+W

(1)At any time while there is in force for any premises or for part of any premises a special hours certificate which extends to Sundays, a person or authority mentioned in subsection (3) may apply to the licensing justices or, if it was granted under section 78 or 78ZA of this Act F248, to the magistrates’ court, for the imposition of a limitation excluding Sundays on the following grounds.

(2)The grounds referred to are that such a limitation is desirable to avoid or reduce on Sundays—

(a)any disturbance of or annoyance to—

(i)persons living or working in the neighbourhood, or

(ii)customers or clients of any business in the neighbourhood; or

(b)the occurrence in the vicinity of the premises of disorderly conduct on the part of persons resorting to the premises or part of the premises.

(3)The persons and authorities referred to in subsection (1) are—

(a)a person falling within sub-paragraph (i) of subsection (2)(a);

(b)the chief officer of police; or

(c)a relevant local authority within the meaning of section 71(5) of this Act.

(4)If on an application under this section the licensing justices or, as the case may be, the magistrates’ court are satisfied that the grounds of the application are made out, they shall attach a limitation to the special hours certificate which has the effect of excluding Sundays.]

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Amendments (Textual)

F247S. 81AA inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 10

[F24981B Special hours certificates: appealsE+W

(1)Subject to subsection (2) of this section, any person aggrieved by a decision of licensing justices or a magistrates’ court—

[F250(a)not to grant a special hours certificate under section 77 [F251, 77A, 78 or 78ZA] of this Act;]

[F252(aa)to revoke or not to revoke a special hours certificate on an application under subsection (2) or (4) of section 81 of this Act,]

[F253(b)to attach or not to attach limitations under section 78A of this Act, F254. . .

(c)to attach or not to attach limitations under section 81A [F255or 81AA]of this Act,]

[F256(d)to refuse to declare the provisional grant of a special hours certificate final, or

(e)to refuse to give consent, on the application of the person who applied for the certificate, to any modification of the deposited plans.]

may appeal to the Crown Court against that decision.

[F257(2)Only the chief officer of police may appeal against a decision not to revoke a certificate as mentioned in paragraph (aa) of subsection (1) of this section or not to attach a limitation under section 81A(3) of this Act; and a person may appeal against a decision not to attach a limitation under section 81A(2) [F255or 81AA]of this Act only if he has appeared before the licensing justices or magistrates’ court and made representations that the limitation be attached.]

[F258(2A)Subsection (2C) applies where the condition in subsection (2B) is satisfied and the effect of the Crown Court allowing or dismissing an appeal under this section is that—

(a)a special hours certificate which extends to Sundays is granted,

(b)a special hours certificate which extends to Sundays is varied so as to relax a limitation in respect of Sundays, or

(c)a special hours certificate not extending to Sundays is varied so as to extend to Sundays.

(2B)The condition referred to in subsection (2A) is that a relevant local authority made to the licensing justices or, as the case may be, the magistrates’ court an objection to the grant or variation of the certificate on grounds based on the residential character of the area in which the premises to which the certificate relates are situated.

(2C)Where this subsection applies, the Crown Court shall state the reasons for their decision.]

(3)A person other than the appellant shall be a party to an appeal under this section if, and only if, he has appeared before the licensing justices or magistrates’ court and made representations on the application to which the decision appealed against relates.

(4)Licensing justices shall have the same power to make an order for the payment of costs on the abandonment of an appeal under this section as a magistrates’ court has by virtue of [F259section 109 of the M24Magistrates’ Courts Act 1980] on the abandonment of an appeal to which that section relates.]

[F260(5)In this section “relevant local authority" has the same meaning as in section 71(5) of this Act.]

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Amendments (Textual)

F251Words in s. 81B(1)(a) substituted (1.5.1996) by S.I. 1996/977, art. 5(5)(a)

F252S. 81B(1) para. (a) renumbered as para. (aa) as provided by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(5)

F254Word in s. 81B(1)(b) repealed (1.5.1996) by S.I. 1996/977, art. 5(5)(b)

F255Words in s. 81B(1)(c)(2) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 11(2)(3)

Marginal Citations

82 Special hours certificate and extension or exemption orders in respect of same premises.E+W

(1)Where section 76 of this Act applies to part only of any premises the part to which it applies and the part to which it does not apply shall be treated as separate premises for the purposes of section 68(1)(b) of this Act and for the purpose of general and special orders of exemption.

(2)Section 68(1)(b) and section 76 of this Act may both be applied to the same premises or part of premises, so that section 68(1)(b) has effect on days on which the permitted hours are not affected by section 76.

83 Supplementary provisions as to special hours certificates.E+W

(1)In sections 76 to 81 of this Act “music and dancing licence” means a licence granted by the licensing authority under the statutory regulations for music and dancing and authorising the keeping or using of any premises for public dancing, singing, music or other public entertainment.

(2)References in those sections to providing music and dancing and refreshment [F261or, as the case may be, gaming facilities and refreshment.] shall be construed as references to providing them on every [F262day] or on particular [F262days] in every week, subject to any break for a period or periods not exceeding two weeks in any twelve successive months or on any special occasion or by reason of any emergency; and references in those sections to providing dancing shall be construed as references to providing facilities for dancing that are adequate having regard to the number of persons for whose reception in the premises or part of premises in question provision is made.

[F263(3)References in those sections to gaming are to gaming within the meaning of the Gaming Act 1968, otherwise than by means of any machine to which Part III of that Act applies.

(4)For the purposes of those sections, premises are casino premises if a licence under the Gaming Act 1968 is in force in relation to them and they are not premises to which section 20 of that Act applies (bingo club premises).]

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Amendments (Textual)

F261Words in s. 83(2) inserted (3.4.1997) by S.I. 1997/950, art. 4(5)

F262Words in s. 83(2) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 12(a)(b)

F263S. 83(3)(4) inserted (3.4.1997) by S.I. 1997/950, art. 4(6)

[F264Millennium licensing hours]E+W

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Amendments (Textual)

F264Crossheading and s. 83A inserted (29.7.1999) by S.I. 1999/2137, art. 2(1)

F26583A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F265S. 83A omitted (7.12.2001) by virtue of S.I. 2001/3937, art. 2(6)

Parties organised for gainE+W

84 Prohibition of consumption of intoxicating liquor outside general licensing hours at parties organised for gain.E+W

(1)It shall be unlawful before the beginning or after the end of the general licensing hours to supply or consume intoxicating liquor at any party organised for gain and taking place in premises kept or habitually used for the purpose of parties so organised at which intoxicating liquor is consumed; but this subsection does not prohibit anything done at a party taking place in licensed premises or at any party for which an occasional licence has been granted nor anything done as part of the activities of a canteen, mess or club at the canteen, mess or the premises in respect of which the club is registered.

(2)If any person—

(a)supplies intoxicating liquor in contravention of subsection (1) of this section, or

(b)being the occupier of any premises, permits them to be used for a party, and that subsection is contravened at the party, or

(c)being a person concerned in the organisation of a party, permits any person to supply or consume intoxicating liquor at the party in contravention of that subsection, or

(d)being a person licensed to sell intoxicating liquor, delivers such liquor before the beginning or after the end of the general licensing hours to any premises kept or habitually used as mentioned in that subsection or permits it to be so delivered,

he shall be liable, on a first conviction to a fine not exceeding fifty pounds, and on a subsequent conviction to imprisonment for a term not exceeding three months or a fine not exceeding one hundred pounds or both.

(3)Any person who consumes intoxicating liquor in contravention of subsection (1) of this section shall be liable, on a first conviction to a fine not exceeding five pounds, and on a subsequent conviction to a fine not exceeding thirty pounds.

(4)For the purposes of this section, a party shall be deemed to have been organised for gain if any pecuniary advantage accrued or was intended to accrue to any person concerned in its organisation as a result of the party; and in determining whether any such advantage so accrued or was intended to accrue no account shall be taken of any expenditure incurred in connection with the party; but a party shall not be deemed to have been organised for gain by reason only that any person concerned in its organisation took part or intended to take part in the playing of any game, or made or intended to make bets on any game, if the arrangements were such as to give him no greater chance of winning than any other person.

(5)For the purposes of this section, a person shall be deemed to have been concerned in the organisation of a party if he took any part in procuring the assembly of the party or in acting as host or assisting the host at the party.

(6)Nothing in this section shall affect the delivery or supply of intoxicating liquor to, or the consumption of intoxicating liquor by, a person in premises in which he is for the time being residing; and in determining for the purposes of this section whether a party is being held in any premises, or whether any premises are kept or habitually used for the purpose of holding parties, the presence of persons residing in the premises shall be disregarded.

(7)The reference in subsection (1) of this section to licensed premises shall be construed as including a licensed canteen.

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Modifications etc. (not altering text)

C18S. 84(2)(3): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

85 Supplemental provisions as to parties organised for gain.E+W

(1)If a justice of the peace is satisfied by information on oath that there is reasonable ground for believing that any premises in the [F266commission area] for which he is justice are kept or habitually used for the holding of parties at which the provisions of subsection (1) of section 84 of this Act are contravened, he may issue a search warrant under his hand to a constable authorising him at any time or times within one month from the date of the warrant to enter those premises, which shall be named in the warrant, by force if need be, and search them and to seize and remove any intoxicating liquor found there that the constable has reasonable grounds for supposing to be on the premises for the purpose of being supplied or consumed in contravention of the provisions of that section.

(2)If any person found on premises in which intoxicating liquor is seized under subsection (1) of this section, on being asked by a constable for his name and address, refuses to give them or gives a false name or address, he shall be liable to a fine not exceeding [F267level 1 on the standard scale].

(3)If any person is convicted of an offence under section 84 of this Act in respect of the premises in which any liquor is seized under this section, the liquor so seized and the vessels containing it shall be forfeited.

[F268(4)In subsection (1) above “county”, in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).]

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Amendments (Textual)

F266Words in s. 85(1) substituted (27.9.1999) by 1999 c. 22, s. 76, Sch. 10 paras. 23, 25 (with S. 107, Sch. 14 paras. 7(2), 36(9))

F268S. 85(4) inserted (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 2(1)(with ss. 54(5)(7), 55(5)); S.I. 1995/3198, art. 3, Sch. 1

S. 85(4) repealed (W.) (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. II para. 4

Modifications etc. (not altering text)

MiscellaneousE+W

86 Permitted hours in off-sales department of on-licensed premises.E+W

(1)If licensing justices are of opinion, in the case of any premises for which a justices’ on-licence is to be or has been granted, that a specified part of the premises is structurally adapted for the sale of intoxicating liquor for consumption off the premises, they shall at the request of the person applying for the licence or on an application by the holder insert in the licence a condition that the specified part shall not be used for the sale or supply of intoxicating liquor for consumption on the premises; and while—

(a)the licence is subject to the condition; and

(b)the specified part is not connected by any internal communication open to customers with a part of the licensed premises used for the sale or supply of intoxicating liquor for consumption on the premises;

the permitted hours in the specified part shall be the same as in premises licensed for sales for consumption off the premises only, whatever the permitted hours in any other part of the licensed premises may be.

(2)Licensing justices may vary or revoke any such condition either on an application by the holder of the licence or on the renewal or transfer of the licence and at the request of the person applying for the renewal or transfer.

[F26986A International ports.E+W

(1)At a port where this section is in operation section 59 of this Act shall not apply to licensed premises within an approved wharf.

(2)The Secretary of State may by order bring this section into operation at any port which appears to him to be one at which there is a substantial amount of international passenger traffic.

(3)Before the Secretary of State makes an order bringing this section into operation at a port, he shall satisfy himself that arrangements have been made for affording reasonable facilities on licensed premises within any approved wharf at that port for obtaining hot and cold beverages other than intoxicating liquor at all times when intoxicating liquor is obtainable on those premises.

(4)If it appears to the Secretary of State that at any port where this section is in operation such arrangements as are mentioned in subsection (3) of this section are not being maintained, he shall revoke the order bringing this section into operation at that port, but without prejudice to his power of making a further order with respect to that port.

(5)In this section, “approved wharf” has the same meaning as in the Customs and M25Excise Management Act 1979.]

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Amendments (Textual)

F269S. 86A inserted (3.11.1994) by 1994 c. 40, ss. 18(1), 82(3)

Marginal Citations

87 International airports. E+W

(1)At an airport where this section is in operation section 59 of this Act shall not apply to licensed premises which are within the examination station approved for the airport under [F270section 22 of the M26Customs and Excise Management Act 1979].

(2)This section is, at the commencement of this Act, in operation at any airport at which, immediately before that commencement, the M27Licensing (Airports) Act 1956 was in operation, and the Minister of Aviation may by order bring this section into operation at any airport which appears to him to be one at which there is a substantial amount of international passenger traffic; and may revoke any such order, and any order under the said Act of 1956, by a subsequent order under this section.

(3)Before the Minister makes an order bringing this section into operation at an airport, he shall satisfy himself that arrangements have been made for affording reasonable facilities on licensed premises within the said examination station at the airport for obtaining hot and cold beverages other than intoxicating liquor at all times when intoxicating liquor is obtainable on those premises, and if it appears to him that at any airport where this section is in operation such arrangements are not being maintained, he shall revoke the order with respect to that airport, but without prejudice to his power of making a further order with respect to that airport.

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Amendments (Textual)

Modifications etc. (not altering text)

C20S. 87 brought into operation at certain additional airports by S.I.s 1985/653, 1730, 1986/525, 971, 1987/1982, 1990/1043

C21S. 87 extended with modifications by S.I. 1972/971, art. 5, Sch. 2; brought into operation at certain airports by S.I. 1983/1217, art. 2, Sch. 1

Marginal Citations

M261979 c. 2 (40:1).

[F27187A Power to vary permitted hours in on-licensed vineyard premises.E+W

(1)Licensing justices, on an application by the holder of a justices’ on-licence for any premises which form part of a vineyard, may make an order varying the permitted hours in those premises if, after hearing evidence, they are satisfied—

(a)that the sale of intoxicating liquor on the premises is ancillary to the carrying on of a business of producing wine from grapes grown in the vineyard; and

(b)that it is desirable to make an order under this section for the accommodation of persons visiting the vineyard.

(2)An order under this section may vary the permitted hours either generally or for such days or part or parts of the year as the licensing justices think fit.

(3)In making an order under this section with respect to permitted hours on weekdays, other than Christmas Day or Good Friday, licensing justices may not so vary the hours as to make them exceed in total more than twelve hours on any day.

(4)In making an order under this section with respect to permitted hours on Sundays [F272, other than Christmas Day, or on] Good Friday, licensing justices may not so vary the hours as to make them—

(a)begin before twelve noon; or

(b)exceed in total more than [F273nine] and a half hours on any day.

[F274(4A)In making an order under this section with respect to the permitted hours on Christmas Day, licensing justices may not so vary the hours as to make them—

(a)begin before twelve noon; or

(b)exceed in total more than five and a half hours.]

(5)A person intending to apply for an order under this section shall give notice in writing of his intention to the [F275chief executive] to the licensing justices and the chief officer of police at least 21 days before the commencement of the licensing sessions at which the application is to be made.

(6)Licensing justices shall not hear an application for an order under this section unless notice under subsection (5) of this section has been duly given.

(7)Licensing justices may revoke or vary an order under this section; but, unless it is proved that the holder of the justices’ on-licence had notice of the revocation or variation, a person shall not be guilty of an offence under section 59 of this Act in doing anything that would have been lawful had the revocation or variation not been made.]

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Amendments (Textual)

88 Saving as to Sunday observance.E+W

Where, by virtue of section 70 of this Act F276. . ., the permitted hours on a Saturday in any licensed premises or part of licensed premises extend beyond midnight, nothing in the M28Sunday Observance Act 1780 shall apply— [F277to the premises or part, by reason of the provision there of entertainment (in addition to substantial refreshment)]before the end of those permitted hours.

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Amendments (Textual)

F276Words in s. 88 omitted (19.3.2001) by virtue of S.I. 2001/920, art. 2, Sch. para. 13(2)

F277Words in s. 88 substituted (19.3.2001) for s. 88(a)(b) by S.I. 2001/920, art. 2, Sch. para. 13(3)

Marginal Citations

Supplementary provisionsE+W

89 Duty of licensee to post notice where permitted hours modified.E+W

(1)Where the permitted hours in any licensed premises or part of licensed premises depend to any extent on a general order of exemption [F278, an order under section 87A of this Act] or on any provision of section 68, 70 or 76 of this Act, the holder of the licence shall keep posted in some conspicuous place there a notice stating the effect of the order or provision applying and, if it applies on certain days only, stating the days on which it applies.

(2)A person contravening this section shall be liable to a fine not exceeding [F279level 1 on the standard scale].

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Amendments (Textual)

89 Duty of licensee to post notice where permitted hours modified.E+W

(1)Where the permitted hours in any licensed premises or part of licensed premises depend to any extent on a general order of exemption [F559, an order under section 87A of this Act] or on any provision of section 68, 70 or 76 of this Act, the holder of the licence shall keep posted in some conspicuous place there a notice stating the effect of the order or provision applying and, if it applies on certain days only, stating the days on which it applies.

(2)A person contravening this section shall be liable to a fine not exceeding [F560level 1 on the standard scale].

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Amendments (Textual)

90 Opening during permitted hours not obligatory.E+W

Nothing in this Act shall be taken to require licensed premises to be open for the sale of intoxicating liquor or for any other purpose during the permitted hours, except in so far as they are so required by any conditions attached to the licence.

91 Procedure of licensing justices.E+W

The Secretary of State may make rules prescribing the procedure on applications to licensing justices under section 77 [F280, [F28177A,] 78A, 81 [F282, 81A or 81AA]] of this Act and the procedure for the exercise of the powers of licensing justices under sections 68 and 70 to 73 of this Act.

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Amendments (Textual)

F281Words in s. 91 inserted (1.5.1996) by S.I. 1996/977, art. 5(6)

F282Words in s. 91 substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 14

92 Meaning of the magistrates’ court in relation to clubs, and procedure on applications to magistrates’ courts.E+W

(1)In this Part of this Act “the magistrates’ court” means, in relation to any club premises, a magistrates’ court having jurisdiction in relation to the issue and renewal of the club’s registration certificate for the premises.

(2)The following applications to a magistrates’ court under this Part of this Act shall be made by way of complaint against the club, that is to say,—

(a)an application for a declaration under section 69(1)(b) of this Act;

(b)an application for the revocation of an order under section 70 of this Act made by a magistrates’ court;

(c)an application for the revocation of a special hours certificate granted under section 78 [F283or 78ZA] of this Act.

[F284(d)an application under section 81AA of this Act for the variation of a special hours certificate .]

(3)Subject to paragraph 18 of Schedule 6 to this Act, paragraphs 13 and 14 of that Schedule shall apply in relation to any complaint made by virtue of subsection (2) of this section as they apply in relation to a complaint for the cancellation or variation of a registration certificate.

(4)In relation to any application relating to club premises made to a magistrates’ court under this Part of this Act, other than an application mentioned in subsection (2) of this section, section 46(2) of this Act and paragraphs 1 to 10, 11(1) and 16 of Schedule 6 to this Act shall (subject to paragraph 18 of that Schedule) apply with any necessary modifications as they apply in relation to applications for the issue of a registration certificate, . . . F285

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Amendments (Textual)

F283Words in s. 92(2)(c) inserted (1.5.1996) by S.I. 1996/977, art. 5(7)

Part IVE+W Restaurants and Guest Houses

93 Provisions as to grant of certain licences for restaurants, guest houses, etc.E+W

(1)In this Act “Part IV licence” means a justices’ on-licence which—

(a)is granted for such premises and is subject to such conditions as are mentioned in section 94 of this Act; and

(b)is not subject to any other condition, except—

(i)conditions required to be attached to it under section 95 or 96 of this Act, or

(ii)a condition by virtue of which it is a six-day licence, early-closing licence or seasonal licence, or

(iii)in the case of a licence for club premises, conditions prohibiting or restricting sales of intoxicating liquor to non-members.

(2)A Part IV licence is a restaurant licence, a residential licence or a residential and restaurant licence, according as it falls within subsection (1), (2) or (3) of section 94 of this Act.

(3)Licensing justices shall not refuse an application duly made for the grant of a new Part IV licence or for the renewal or transfer of a Part IV licence, except on one or more of the grounds specified in section 98 of this Act; but this subsection shall not affect—

(a)the operation of any enactment relating to the disqualification of persons or premises for holding or receiving a justices’ licence; or

(b)the application to any club premises of section 55(4) of this Act.

(4)No licence shall be granted by way of removal of a Part IV licence.

(5)Nothing in section 4(1) of this Act shall be taken to prevent the granting of a licence for wine alone . . . F286 as a Part IV licence.

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Amendments (Textual)

94 Conditions attached to Part IV licences for restaurants, guest houses, etc.E+W

(1)In this Act “restaurant licence” means a Part IV licence which—

(a)is granted for premises structurally adapted and bona fide used, or intended to be used, for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises; and

(b)is subject to the condition that intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal.

(2)In this Act “residential licence” means a Part IV licence which—

(a)is granted for premises bona fide used, or intended to be used, for the purpose of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals; and

(b)is subject to the condition that intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.

(3)In this Act “residential and restaurant licence” means a Part IV licence which—

(a)is granted for premises falling within both paragraph (a) of subsection (1) and paragraph (a) of subsection (2) of this section; and

(b)is subject to the condition that intoxicating liquor shall not be sold or supplied otherwise than as permitted by the conditions of a restaurant licence or by those of a residential licence.

(4)The conditions as to the sale and supply of intoxicating liquor set out in subsection (1)(b) and subsection (2)(b) of this section—

(a)shall not extend to the supply for consumption on the premises of intoxicating liquor (whether inside or outside the permitted hours) in any case in which section 59 of this Act does not prohibit liquor being so supplied outside the permitted hours;

(b)shall not extend to the sale of intoxicating liquor, or supply of liquor, sold on the premises under the authority of an occasional licence;

(c)subject to paragraph (b) of this subsection, shall extend to all sales of intoxicating liquor, whether or not requiring the authority of a justices’ licence.

(5)It shall be an implied condition of any Part IV licence that suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

95 Permitted hours in premises for which restaurant or residential and restaurant licence is in force.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F287

(2)On the renewal or transfer of such a licence and at the request of the person applying for the renewal or transfer, or on an application by the holder, licensing justices shall revoke any such condition previously attached, if satisfied that it is no longer required by subsection (1) of this section.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F288[F289paragraphs (a) and (b)] of section 68(1) of this Act shall apply to any premises for which a restaurant licence or residential and restaurant licence is for the time being in force.

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Amendments (Textual)

F288Words preceding “ paragraph (a) of section 68(1)" expressed to be repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4

F289Words in s. 95(3) substituted (2.4.2002) by S.I. 2002/493, art. 2

96 Requirement of sitting accommodation for residential licence or residential and restaurant licence.E+W

(1)Where licensing justices grant a new residential licence or residential and restaurant licence, they shall, unless it appears to them that in the particular circumstances of the case there is good reason not to do so, attach to the licence a condition that there shall be afforded in the premises, for persons provided with board and lodging for reward, adequate sitting accommodation in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of intoxicating liquor.

(2)Where such a licence is granted without the condition required by subsection (1) of this section, licensing justices shall, on the renewal or transfer of the licence, attach the condition if by reason of any change of circumstances it appears to them that the requirement ought no longer to be dispensed with.

97 Restrictions concerning justices’ licences for restaurants and guest-houses, etc.E+W

(1)Licensing justices shall not attach to any new justices’ on-licence—

(a)any conditions calculated to restrict the sale or supply of intoxicating liquor to a sale or supply in connection with the service of meals, other than such condition as is required to be attached to a restaurant licence (modified, if need be, to allow for any sale or supply which it is desired to authorise in addition to the sale or supply in connection with the service of table meals); or

(b)any conditions calculated to restrict the sale or supply of intoxicating liquor to a sale or supply to persons residing in the licensed premises, other than such condition as is required to be attached to a residential licence (modified, if need be, to allow for any sale or supply which it is desired to authorise in addition to a sale or supply to persons residing in the premises).

(2)No justices’ licence other than a restaurant licence shall be granted for a restaurant carried on under the powers of the M29Civic Restaurants Act 1947.

(3)Paragraphs (a) to (c) of subsection (4) of section 94 of this Act shall apply also to any conditions which are in the same terms as those set out in subsection (1)(b) or subsection (2)(b) of that section but are attached to a justices’ licence which is not a Part IV licence.

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Marginal Citations

M291947 c. 22 (81:4).

98 Grounds for refusing applications for Part IV licences.E+W

(1)Licensing justices may refuse an application for the grant of a Part IV licence on any of the following grounds, that is to say,—

(a)that the applicant is not of full age, or is in any other respect not a fit and proper person to hold one;

(b)that the premises do not fall within paragraph (a) of subsection (1), (2) or (3), as the case may be, of section 94 of this Act, or are not suitable and convenient for the use contemplated by that paragraph, having regard to their character and condition, to the nature and extent of the proposed use and (where it applies) to the condition as to sitting accommodation required by section 96 of this Act or as to the supply of intoxicating liquor for consumption as an ancillary to a table meal only;

(c)that within the twelve months preceding the application—

(i)a justices’ on-licence for the premises has been forfeited; or

(ii)the premises have been ill-conducted while a justices’ on-licence or a licence under the M30Refreshment Houses Act 1860 was in force for them; or

(iii)the condition as to sitting accommodation required by section 96 of this Act has been habitually broken while a residential licence or a residential and restaurant licence, or other licence with the like condition, was in force for the premises; or

(iv)the condition implied by section 94(5) of this Act as to the availability of beverages other than intoxicating liquor has been habitually broken while a Part IV licence, or other licence with the like condition, was in force for the premises.

(2)Licensing justices may also refuse an application for the grant of a restaurant licence or residential and restaurant licence on the ground that the trade done in the premises in providing refreshment to persons resorting there (but not provided with board and lodging) does not habitually consist to a substantial extent in providing table meals of a kind to which the consumption of intoxicating liquor might be ancillary.

(3)Licensing justices may also refuse an application for the grant of a Part IV licence on the ground that the sale or supply of intoxicating liquor on the premises is undesirable either because it would by by self-service methods, that is to say, methods allowing a customer to help himself on payment or before payment, or because—

(a)in the case of a residential licence or a residential and restaurant licence, a large proportion of the persons provided with board and lodging for reward;

(b)in the case of a restaurant licence or a residential and restaurant licence, a large proportion of the persons resorting to the premises but not provided with board and lodging;

is habitually made up of persons under the age of eighteen who are not accompanied by others (whether parents or persons of full age) who pay for them.

(4)If on an application for the grant of a Part IV licence for any premises it is made to appear to the licensing justices on behalf of any such authority as is mentioned in subsection (5) of this section—

(a)that the authority or an officer designated in that behalf by the authority desired in connection with the application to have the premises inspected as to the matters mentioned in paragraph (b) of subsection (1) of this section; and

(b)that after reasonable steps had been taken by or on behalf of the authority or officer for the purpose it was not possible to have the premises so inspected;

the licensing justices may refuse the application.

(5)The authorities referred to in subsection (4) of this section are—

(a)(according to the situation of the premises) the Common Council of the City of London or the council of the county borough, London borough or county district [F290or, in Wales, the council of the county or county borough]; and

(b)the authority (if not included in paragraph (a) of this subsection) discharging in the area where the premises are situated the functions of fire authority under the M31Fire Services Act 1947; and

(c)the chief officer of police for the police area where the premises are situated.

(6)Licensing justices refusing an application for the grant of a Part IV licence shall specify in writing to the applicant the grounds of their refusal.

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Amendments (Textual)

F290Words in s. 98(5)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(4)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

Marginal Citations

M301860 c. 27 (75:1).

99 Application for Part IV licence in place of other on-licence.E+W

(1)Where licensing justices refuse an application duly made for the grant of a new justices’ on-licence other than a Part IV licence, they shall at the request of the applicant treat him as having also duly made an alternative application for such Part IV licence, relating to such descriptions of intoxicating liquor, as he may specify in the request.

(2)Where on appeal quarter sessions refuse to confirm the grant of a new justices’ on-licence other than a Part IV licence, they shall at the request of the holder of the licence treat the appeal as an appeal against the grant of such Part IV licence, relating to such descriptions of intoxicating liquor, as he may specify in the request and, if they dismiss that appeal, shall, on confirming the grant, attach to the licence the conditions required by the foregoing provisions of this Part of this Act.

(3)On the renewal, transfer or removal of a justices’ on-licence licensing justices may, at the request of the applicant made with the consent of the registered owner (if any) of the licensed premises, vary the licence by attaching the conditions required for it to be granted as a Part IV licence of the description specified in the request (in substitution for any conditions previously attached), and the renewal, transfer or removal of a justices’ on-licence with such a variation shall not be refused except on the grounds on which a renewal may be refused of a licence of the description so specified.

(4)Where under subsection (3) of this section conditions are attached to a justices’ on-licence, the applicant for the renewal, transfer or removal may appeal notwithstanding that it is done at his request.

100 Power of court to disqualify for Part IV licences on conviction of certain offences.E+W

[F291(1)Where a person is convicted of an offence to which this section applies committed by him in respect of premises for which, at the time of the offence, he held a Part IV licence, the court by or before which he is convicted may make a disqualification order under this section.]

(2)A disqualification order may, at the discretion of the court, be either—

(a)an order disqualifying the person convicted, for such period as may be specified in the order (but not exceeding five years from the date the order comes into force), from holding or obtaining Part IV licences or licences under [F292the M32Late Night Refreshment Houses Act 1969]; or

(b)an order prohibiting such licences from being held or granted within such period as aforesaid by or to any person in respect of the premises at which the offence in question was committed; or

(c)an order imposing both such a disqualification and such a prohibition;

and, if such an order is made, any licence within the disqualification or prohibition, if previously obtained, shall be forfeited or, if subsequently obtained, shall be null and void.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F293

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F294 this section applies to the following offences, that is to say,—

(a)offences under sections 161, 172 and 177 of this Act;

(b)offences under sections 175 and 176 of this Act and any other offence of permitting the premises to be a brothel;

(c)offences under section 1(1) of the M33Betting, Gaming and Lotteries Act 1963;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F295

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

M331963 c. 2 (12:1).

101 Supplementary provisions as to disqualification orders. E+W

(1)The court making a disqualification order under section 100 of this Act may, on such conditions as it thinks just, suspend the operation of the order with a view to enabling a licence to remain in force pending an appeal against the conviction or against the making of the disqualification order, or pending the consideration of the question of bringing such an appeal; but, unless so suspended, a disqualification order under that section shall come into force on the day on which it is made.

(2)A court shall not make such a disqualification order containing a prohibition on the holding or grant of licences in respect of premises specified in the order, unless an opportunity has been given to any person interested in the premises and applying to be heard by the court to show cause why the order should not be made.

(3)At any time while such a disqualification order is in force, a magistrates’ court, on complaint made by any person affected by the order, may revoke the order or vary it by reducing any period of disqualification or prohibition specified in the order; and any person who has made a complaint under this section and is aggrieved by the decision of the court on that complaint may appeal to quarter sessions.

(4)Where on complaint made under subsection (3) of this section the relief asked for is or includes the revocation or variation of a prohibition imposed by the order on the holding or grant of licences in respect of any premises, any summons granted on the complaint shall be served on the chief officer of police for the police area in which the premises are.

(5)References in any enactment, including this Act, to a person disqualified for holding a justices’ licence, or to premises disqualified for receiving a justices’ licence, shall for the purposes of Part IV licences apply, but for other purposes shall not apply, to persons or premises disqualified only by a disqualification order under section 100 of this Act.

(6)The powers of the court under section 100 of this Act may be exercised on a conviction in addition to any other powers which the court is required to or does exercise on the conviction.

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Modifications etc. (not altering text)

Part VE+W

102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F296E+W

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Amendments (Textual)

103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F297E+W

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Amendments (Textual)

104—107.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F298E+W

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Amendments (Textual)

Part VIE+W New Towns

108 Committee to determine distribution of licensed premises in new town.E+W

(1)For the purpose of determining the number, nature and distribution of licensed premises in new towns there shall be a committee for each new town or, if it appears to the Secretary of State that by reason of the proximity of any two new towns it is expedient that one committee should be constituted for them and the Secretary of State by order so directs, for those two new towns.

(2)It shall be the duty of every such committee to consider from time to time, having regard to the existing circumstances of the area for which the committee is constituted and of the proposed development of that area, what licensed premises the area requires, what accommodation and amenities should be provided in those premises and what facilities should be available in them for obtaining both intoxicating liquor and meals and other refreshments, including the provision of accommodation in which beverages other than intoxicating liquor may be consumed and in which the consumption of intoxicating liquor is prohibited.

(3)Such committees shall be constituted and their procedure regulated in accordance with Schedule 10 to this Act.

(4)Where a committee is constituted for two new towns, references in this Part of this Act and in Schedule 10 to this Act to the area for which the committee is constituted shall be construed as references to the aggregate of the areas of the new towns.

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Modifications etc. (not altering text)

C24S. 108:

C25S. 108: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

109 Formulation and submission to Minister of proposals by committee.E+W

(1)In the light of its consideration of the matters mentioned in subsection (2) of section 108 of this Act, a committee constituted under that section shall from time to time formulate proposals specifying—

(a)the places in the area for which the committee is constituted at which licensed premises should be established; and

(b)what description of [F299justices’ licence] for the sale of intoxicating liquor should be authorised to be held for each of the licensed premises established in accordance with the proposals.

(2)Any such proposals shall contain supplementary provisions for the type of accommodation, amenities and services to be provided in premises which are or include such licensed premises, including, unless the committee in any particular case otherwise decides, provision for the service of meals and of refreshments other than intoxicating liquor.

(3)The committee shall submit proposals formulated under this section to the Minister, together with such plans and other matter explanatory of the nature and effect of the proposals as the committee thinks fit or the Minister may in particular case require.

(4)Where a committee has submitted proposals to the Minister under this section it shall publish by advertisement, in each of two successive weeks, in one or more local newspapers circulating in the area for which the committee is constituted, and may publish in such manner as it may determine, a notice that it has submitted the proposals, naming a place at which copies of the proposals and of the plans and explanatory matter submitted to the Minister may be seen at all reasonable hours, and stating the time, which shall not be less than twenty-eight days, within which and the manner in which objections to the proposals may be made to the Minister.

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Amendments (Textual)

Modifications etc. (not altering text)

C26S. 109: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

110 Objections to and confirmation of proposals and power to revoke or vary.E+W

(1)If no objection to proposals submitted under section 109 of this Act is made to the Minister within the time and in the manner stated in the notice published under subsection (4) of that section, or if all objections so made are withdrawn, the Minister may confirm the proposals.

(2)If objection is made as mentioned in subsection (1) of this section and not withdrawn, the Minister shall afford to any person making an objection an opportunity of appearing before and being heard by a person appointed for the purpose by the Minister or, if it appears to him that the matters to which the objection relates are such as to require investigation by public local inquiry, he shall cause such an inquiry to be held; and after considering any objection not withdrawn and the report of the person before whom the objector appeared or of the person holding the inquiry, as the case may be, the Minister may confirm the proposals.

(3)[F300Subsections (2) to (5) of the M34Local Government Act 1972] (which relate to the summoning of witnesses and the production of documents before, and the costs incurred at, local inquiries under that section) shall apply to an inquiry held under this section as they apply to inquiries held under that section, but with the substitution for references to a department of references to the Minister.

(4)The power of the Minister under this section to confirm proposals shall include power—

(a)where the proposals relate to the establishment of licensed premises at more than one place, to confirm the proposals, but without prejudice to the next following paragraph, so far as they relate to one or some only of the places in question;

(b)to confirm the proposals subject to modifications so far as they relate to the situation of proposed licensed premises;

(c)to confirm the proposals subject to the modification of any supplementary provisions contained in the proposals or to the addition of any supplementary provisions that the committee could have included in the proposals;

and references in this Part of this Act to proposals that have been confirmed shall be construed accordingly.

(5)Proposals of a committee under section 109 of this Act may be varied or revoked by subsequent proposals formulated by the committee and submitted to and confirmed by the Minister in like manner as the original proposals; and references in this Part of this Act to proposals under that section that have been confirmed shall be construed as references to such proposals as they have effect having regard to any subsequent variation or revocation of them.

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Amendments (Textual)

Modifications etc. (not altering text)

C27S. 110: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

M341972 c. 70 (81:1).

111 Grant of new licences and removals in new towns.E+W

(1)Where application is made for the grant of a new justices’ licence for, or for the removal of a justices’ licence to, premises in a new town which are situated in a place specified in that behalf by proposals under section 109 of this Act that have been confirmed, then, if the effect of the grant would be that the premises would be licensed in accordance with the proposals, the licensing justices shall make the grant if they are satisfied that—

(a)the premises are fit and convenient for the purpose; and

(b)the applicant is not disqualified by this or any other Act for holding a justices’ licence and is in all other respects a fit and proper person to hold a justices’ licence; and

(c)effect has been or will be given to any supplementary provisions contained in the proposals.

(2)Where an application such as is mentioned in subsection (1) of this section is for the provisional grant under section 6(1) of this Act of a new licence or of the removal of a licence, paragraph (a) of subsection (1) of this section shall have effect as if the reference to the premises were a reference to them as they would be if constructed in accordance with the plans submitted to the justices.

(3)Subsections (5) and (6) of section 6 of this Act shall not apply to any such application as is mentioned in subsection (1) of this section for the provisional grant of a licence.

(4)Nothing in this section shall limit the powers and duties of licensing justices to impose conditions on the grant of a new justices’ licence.

112 Restriction on grant or variation of justices’ licence for premises in new towns.E+W

(1)The provisions of subsection (2) or subsection (3) of this section have effect with respect to the grant of new justices’ licences, other than Part IV licences, for premises in new towns, and the removal of justices’ licences to such premises, as follows:—

(a)subsection (2) applies where—

(i)the licence is a justices’ on-licence and the premises are not on-licensed premises, . . . F301

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F302

(b)subsection (3) applies where—

(i)the licence is a justices’ on-licence and the premises are on-licensed premises; . . . F301

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F303

but the effect of the grant or removal would be to add to the descriptions of intoxicating liquor authorised to be sold in the premises or to abolish a limitation that intoxicating liquor should only be sold for consumption with a meal in a restaurant.

(2)Where this subsection applies the new licence or removal shall not be granted unless—

(a)the premises are situated in a place specified in that behalf by proposals under section 109 of this Act that have been confirmed; and

(b)the effect of the grant would be that the premises would be licensed in accordance with the proposals; and

(c)the licensing justices are satisfied that effect has been or will be given to any supplementary provisions contained in the proposals.

(3)Where this subsection applies the new licence or removal shall not be granted unless the committee constituted under section 108 of this Act for the new town notifies the licensing justices that it has no objection to the grant.

(4)A justices’ licence for premises in a new town shall not be varied under section 37 of this Act so as to add to the descriptions of intoxicating liquor authorised to be sold in the premises unless the licensing justices are satisfied that the committee constituted for the new town under section 108 of this Act has no objection to the variation.

(5)In this section “on-licensed premises” means premises for which a justices’ on-licence is in force; and in determining for the purposes of this section whether any premises are on-licensed premises . . . F304 a justices’ licence for the premises shall be treated as being in force if it would be in force but for the fact that its grant for or removal to the premises was provisional and has not been declared final.

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Amendments (Textual)

113 Temporary licensed premises.E+W

(1)Proposals under section 109 of this Act may include provision whereby during such period (in this section referred to as “the interim period”) as may be specified in the proposals subsection (2) of this section shall apply to any place specified in the proposals for the situation of licensed premises.

(2)While, by virtue of proposals under section 109 of this Act that have been confirmed, this subsection applies to any place, premises situated at that place shall not be treated for the purposes of section 4(2) or section 5(4) of this Act as not being structurally adapted to the class of licence required or, as the case may be, to the licence by reason only of the materials of which the premises are constructed or to be constructed or of the fact that the premises were constructed or have been used for other purposes.

(3)Nothing in subsection (2) of this section shall require justices to grant a new justices’ licence for, or the removal of a justices’ licence to, premises situated at the said place if in their opinion the premises are not proper to be used for the purpose.

(4)Where licensing justices grant a new justices’ licence or the removal of a justices’ licence by virtue of subsection (2) of this section they shall certify that they have so granted it; and unless a licence so granted is previously removed, otherwise than by virtue of that subsection, to other premises at the same place or removed to premises at a different place, it shall become void on the expiry of the interim period.

(5)Where proposals under section 109 of this Act include such provision as is authorised by subsection (1) of this section, proposals of the committee for other places at which licensed premises should be established may include provision whereby the proposals shall not have effect until the expiry of the interim period or such earlier date as the committee may from time to time determine.

114 Membership of committee not to disqualify licensing justice.E+W

A person shall not be disqualified for acting as a licensing justice in relation to any matter by reason only that, as a member of a committee constituted under section 108 of this Act, he was concerned with the matter in question.

115 Development corporation to provide services for, and pay expenses of, committee.E+W

(1)The development corporation for the new town for which a committee is constituted under section 108 of this Act shall provide for the committee such accommodation and secretarial and other services as may be requisite for enabling the committee to exercise its functions, and shall pay any expenses incurred by the committee in the exercise of its functions or in the payment of travelling and other allowances to its members, so far as those expenses are incurred with the agreement of the development corporation or, in default of such agreement, with the approval of the Secretary of State; and any such agreement or approval may be given either before or after the expenses are incurred.

(2)Where a committee is constituted for two new towns—

(a)the accommodation and services mentioned in subsection (1) of this section shall be provided by such one of the development corporations concerned, or partly by one and partly by the other, as the corporations may from time to time agree or, in default of agreement, as the Secretary of State may determine; and

(b)the expenses mentioned in that subsection shall be defrayed by the development corporations in such proportions as may be so agreed or determined;

and references in that subsection to the development corporation shall be construed accordingly.

F305(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C28S. 115: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

116 Effect of transfer of development corporation’s property to Commission for the New Towns.E+W

(1)The following provisions of this section shall apply on the coming into operation of an order [F306under section 41 of the M35New Towns Act 1981 providing] in relation to any new town for a transfer of the development corporation’s property to the Commission for the New Towns.

(2)If under section 108 of this Act a committee was constituted for that new town only, the committee shall cease to exist.

(3)If under the said section 108 a committee was constituted for that and another new town—

(a)the committee shall cease to exercise its functions as respects the first-mentioned new town, and thereafter this section shall apply as if under the said section 108 the committee had been constituted for the said other new town only; and

(b)the Secretary of State shall vary any order made by him under that section in such manner as appears to him requisite in consequence of the coming into operation of the order mentioned in subsection (1) of this section.

(4)Sections 111 and 112 of this Act shall cease to apply to the new town, but without prejudice to the operation of the said section 111 as respects any application made before the date on which the order mentioned in subsection (1) of this section came into operation or made at the licensing sessions next held after that day.

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Subordinate Legislation Made

P1S. 116: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Amendments (Textual)

Marginal Citations

M351981 c. 64 (123:3).

117 Meaning of “new town" and effect of revocation or variation of order designating site of proposed new town.E+W

(1)In the foregoing provisions of this Part of this Act “new town” means an area designated as the site of a proposed new town [F307under section 1 of the New Towns Act 1981 by] an order that has become operative.

(2)If an order designating the site of a proposed new town is revoked, section 116 of this Act shall with the necessary modifications apply as if at the time of the revocation of the order an order had come into force [F307under section 41 of the New Towns Act 1981 providing] in relation to the new town for a transfer of the development corporation’s property to the Commission for the New Towns.

(3)Where, by reason of the variation of an order designating the site of a proposed new town, land ceases to be comprised in such a site, the variation shall not affect the operation of section 111 of this Act as respects an application made before the variation took effect or at the next licensing sessions held thereafter, but the land excluded from such a site by the variation shall not otherwise be treated for the purposes of this Part of this Act as comprised in a new town.

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Amendments (Textual)

Part VIIE+W Licensing Planning Areas

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Modifications etc. (not altering text)

C30References to the administrative county of London to be construed as references to the metropolis: Administration of Justice Act 1964 (c. 42, SIF 82), Sch. 3, para. 31(5); references to local planning authorities to be construed as references to district planning authorities only: Local Government Act 1972 (c. 70, SIF 81:1), s. 204(2)

118 Licensing planning areas.E+W

(1)The Secretary of State may by order declare a licensing planning area any area consisting of—

(a)a licensing district or county district the whole or part of which has sustained extensive war damage; or

(b)two or more such districts which are contiguous and the whole or part of each of which has sustained extensive war damage;

if he is satisfied that it is desirable to do so by reason of the war damage and the consequences of that damage, including redevelopment that has taken place or is likely to take place in the area.

(2)Before declaring an area a licensing planning area, the Secretary of State shall consult with the licensing justices for the licensing district or districts comprising, or included in whole or in part in, the area and with any local planning authority having jurisdiction therein.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F308

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Amendments (Textual)

Modifications etc. (not altering text)

C31S. 118: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

119 Licensing planning committees.E+W

(1)For every licensing planning area there shall be a licensing planning committee.

(2)It shall be the duty of every licensing planning committee to review the circumstances of its area and to try to secure, after such consultation and negotiation as it may think desirable, and by the exercise of the powers conferred on it by this Part of this Act, that the number, nature and distribution of licensed premises in the area, the accommodation provided in them and the facilities given in them for obtaining food, accord with local requirements, regard being had in particular to any redevelopment or proposed redevelopment of the area.

(3)A licensing planning committee shall comply with such general or special directions as the Secretary of State may from time to time give it about consultation with such authorities or bodies as he may specify in the directions.

(4)Licensing planning committees shall be constituted and their procedure regulated in accordance with Schedule 11 to this Act.

(5)A licensing planning committee may pay to its secretary, and to the secretary of any sub-committee appointed under that Schedule, such remuneration as the Secretary of State may approve.

(6)In such circumstances as the Secretary of State may approve, a licensing planning committee may defray expenses incurred in travelling by its secretary, or the secretary of any such sub-committee.

(7)Any expenses properly incurred by a licensing planning committee shall be defrayed by the local planning authority having jurisdiction in the area, or, where there are two or more such authorities, by those authorities in such proportions as the Secretary of State may direct.

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Modifications etc. (not altering text)

C32S. 119: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

120 Variation and abolition of licensing planning areas.E+W

(1)The Secretary of State may, on the application of the licensing planning committee for any licensing planning area, and after such consultation with other authorities as he may think desirable, by order include in the area any licensing district or part of a licensing district, whether contiguous with the existing area or not, to which there has been, or is in his opinion likely to be, a substantial transfer of population, or of industry or other activities from the existing area.

(2)The Secretary of State may, after consultation with the licensing planning committee for any licensing planning area, by order exclude from the area any licensing district or part of a licensing district included in the existing area.

(3)An order under either of the two preceding subsections may make such variations in the provisions of the order constituting the area as appear to the Secretary of State to be expedient in consequence of the inclusion in, or exclusion from, the existing area of any district or part of a district.

(4)If it appears to the Secretary of State that it is no longer expedient that an area should be a licensing planning area, he may, after consultation with the licensing planning committee for the area, by order revoke the order constituting the area.

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Modifications etc. (not altering text)

C33S. 120: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

121 Submission and confirmation of proposals.E+W

(1)The licensing planning committee for any area may from time to time—

(a)formulate proposals for the removal, subject to and in accordance with the provisions of this Part of this Act relating to removals, and subject to such conditions, if any, as the proposals may specify, of justices’ licences from premises in the area to other premises in the area specified in the proposals or to premises on sites in the area so specified;

(b)formulate with the agreement of the persons interested in the premises in question proposals for the surrender, subject to such conditions, if any, as the proposals may specify, of existing justices’ licences for premises in the area, other than licences in suspense under this Act; and

(c)formulate with the agreement of the persons interested in the premises in question proposals for the extinguishment of existing justices’ licences for premises in the area which are in suspense under this Act;

and shall submit any such proposals to the Minister, together with such plans and other matter explanatory of the nature and effect of the proposals as may be prescribed or as the Minister may in any particular case require.

(2)Any such removal as is mentioned in paragraph (a) of the preceding subsection is in this Act referred to as a “planning removal".

(3)Where a licensing planning committee has submitted proposals to the Minister under this section it shall publish in the prescribed manner a notice that it has submitted the proposals, naming a place at which copies of the proposals and of the plans and explanatory matter submitted to the Minister may be seen at all reasonable hours, and stating the time within which and the manner in which objections to the proposals may be made to the Minister.

(4)If no objection to proposals submitted under this section is made to the Minister within the time and in the manner stated in the notice, or if all objections so made are withdrawn, the Minister may confirm the proposals with or without modification.

(5)If objection is so made and not withdrawn, the Minister shall afford to any person making an objection an opportunity of appearing before and being heard by a person appointed for the purpose by the Minister or, if it appears to him that the matters to which the objection relates are such as to require investigation by public local inquiry, he shall cause such an inquiry to be held; and after considering any objection not withdrawn and the report of the person before whom the objector appeared or of the person holding the inquiry, as the case may be, the Minister may confirm the proposals with or without modification.

(6)[F309Subsections (2) to (5) of the M36Local Government Act 1972] (which relate to the summoning of witnesses and the production of documents before, and the costs incurred at, local inquiries under that section) shall apply to an inquiry held under this section as they apply to inquiries held under that section, but with the substitution for references to a department of references to the Minister.

(7)Proposals under this section may be varied by subsequent proposals formulated and submitted to and confirmed by the Minister in like manner as the original proposals; and references in this Part of this Act to proposals that have been confirmed shall be construed as references to such proposals as they have effect having regard to any subsequent variation of them.

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Amendments (Textual)

Modifications etc. (not altering text)

C34S. 121: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

M361972 c. 70 (81:1).

122 Planning removals.E+W

(1)Where proposals of a licensing planning committee that have been confirmed provide for a planning removal, and application is made to the licensing justices for the licensing district in which the premises to which it is intended to make the removal are situated, the justices shall grant the removal if they are satisfied that—

(a)the premises are fit and convenient for the purpose;

(b)the applicant is not disqualified by this or any other Act for holding a justices’ licence and is in all other respects a fit and proper person to hold a justices’ licence; and

(c)any conditions specified in the proposals as confirmed have been complied with.

(2)If the application is for the provisional grant of a planning removal, any plans submitted to the licensing justices shall be treated for the purposes of section 6 of this Act as plans deposited under this Act, but subsections (5) and (6) of that section shall not apply, and if the provisional grant is made it shall not be declared final unless the licensing justices are satisfied, in addition to the matters mentioned in subsection (4) of that section, that any conditions specified in the proposals as confirmed have been complied with.

(3)Any such application to licensing justices as is mentioned in the preceding provisions of this section, and any application for a provisional grant of a planning removal to be declared final may be made or dealt with at any meeting of the licensing justices specially called for the purpose as well as at licensing sessions.

(4)Sections 21 to 25 of this Act shall apply, with the necessary modifications, to a decision of licensing justices refusing to grant a planning removal (including a refusal to make a provisional grant) as they apply to a decision refusing a special removal.

123 Limitations on power to grant or vary licences in licensing planning areas.E+W

(1)No new justices’ licence, other than a Part IV licence, shall be granted for any premises in a licensing planning area unless the licensing justices are satisfied that the licensing planning committee have no objection to the grant.

(2)No ordinary or special removal of a justices’ licence shall be granted to any premises in a licensing planning area unless the premises are licensed premises and the licensing justices are satisfied that the licensing planning committee have no objection to the grant.

(3)A justices’ licence for premises in a licensing planning area shall not be varied under section 37 of this Act so as to add to the descriptions of intoxicating liquor authorised to be sold in the premises unless the licensing justices are satisfied that the licensing planning committee has no objection to the variation.

124 Extinguishment of licences in licensing planning areas.E+W

(1)Where proposals of a licensing planning committee that have been confirmed provide for the surrender of a justices’ licence for premises in its area, then, if such conditions as the proposals may specify have been complied with, the licence shall, by virtue of this Part of this Act, be extinguished as from such date as the proposals may specify, or such later date as the licensing planning committee may allow.

(2)Where the proposals of a licensing planning committee provide for the extinguishment of a justices’ licence in suspense under this Act, then, on confirmation of the proposals, the licence shall be extinguished.

125 Old on-licences in licensing planning areas.E+W

(1)The renewal of an old on-licence for premises in a licensing planning area shall not be refused on any grounds other than those on which licensing justices may refuse it under section 12 of this Act . . . F310

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Amendments (Textual)

126 Temporary premises.E+W

(1)A licensing planning committee may, on the application of a person intending to make an application under subsection (2) of this section in respect of a justices’ licence for premises in its area, certify, in the prescribed form, that for such period as may be specified in the certificate the committee has no objection to the business of the holder of the licence being carried on in such temporary premises in the area as may be so specified.

(2)Where such a certificate is given, then, subject to the following provisions of this section,—

(a)an application may be made to the licensing justices for the removal of the licence to the temporary premises so specified, and

(b)a subsequent application may be made to licensing justices for the removal of the licence from those premises to premises on the site of the premises to which the licence related before the removal to the temporary premises,

in all respects as if those removals (in this Act referred to as “temporary premises removals”) were planning removals for which proposals had been confirmed under this Part of this Act; and section 122 of this Act shall apply accordingly.

(3)Where, before such a certificate is given, proposals for the planning removal of the licence have been confirmed under this Part of this Act, but the licence has not been removed, paragraph (b) of subsection (2) of this section shall have effect as if for the reference to premises on the site of the premises to which the licence related before the removal to the temporary premises there were substituted a reference to the premises to which the licence is to be removed in pursuance of the planning removal.

(4)Subject to section 141(6) of this Act, where a licence is removed to temporary premises by virtue of a temporary premises removal, the licence shall, at the expiry of the period specified in the certificate of the licensing planning committee, or such longer period, if any, as the committee may allow, become void unless it has previously been removed to other premises.

(5)Where a certificate is given under subsection (1) of this section, the temporary premises specified in the certificate shall be treated for the purposes of section 5 of this Act as structurally adapted to the licence; but nothing in this subsection shall require justices to grant a removal to, or to renew a licence for, any premises which in their opinion are not proper to be used, for the period specified in the certificate or, as the case may be, for the further period allowed by the committee, for the purposes of the business of the holder of the licence.

(6)Nothing in this section shall limit the powers conferred by this Part of this Act as to the granting of planning removals; and in the provisions of this Part of this Act conferring those powers and in the preceding provisions of this section, references to removals include references to removals to or from temporary premises from or to other premises on the same site.

(7)In this section “temporary premises” includes all premises, whether temporary in their nature or not, which it is not intended to use permanently for the purposes of the business in question.

127, 128.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F311E+W

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Amendments (Textual)

129 Regulations.E+W

The Secretary of State may make regulations—

(a)about the procedure to be followed on and in connection with applications under this Part of this Act to licensing justices,

(b)about the procedure, including quorum, of licensing planning committees and of sub-committees appointed under Schedule 11 to this Act,

(c)for fixing the time within which and the manner in which objections to proposals of a licensing planning committee may be made to the Minister,

(d)about the keeping and auditing of accounts of the expenditure of licensing planning committees and the furnishing by those committees of estimates of expenses to the authorities by whom the expenses of the committees fall to be defrayed, and

(e)for prescribing anything that by this Part of this Act is required or authorised to be prescribed.

130 Membership of licensing planning committee not to disqualify licensing justice.E+W

A person shall not, by reason of his membership of, or anything done by him in the course of his duties as a member of, a licensing planning committee or a sub-committee of a licensing planning committee, be held to be disqualified for acting as a licensing justice in relation to any matter falling to be decided by the licensing justices for the licensing planning area or any part of of it, whether under this Part of this Act or otherwise.

131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F312E+W

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Amendments (Textual)

Part VIIIE+W Suspension of Licences by reason of War Circumstances

132 Suspension of licence where business discontinued owing to war circumstances.E+W

(1)Where the Commissioners are satisfied, on application made to them for a certificate under this section, that a business for the purposes of which or in connection with which a justices’ licence was granted has been temporarily discontinued by reason of war circumstances, they shall certify accordingly, and shall state in the certificate whether or not those circumstances include the destruction of the premises or serious damage to them.

(2)As from the date of a certificate under this section, the justices’ licence for the premises shall be in suspense by virtue of this section until it is again in force for all purposes by virtue of this Part of this Act or until it is extinguished either by virtue of this Part of this Act or of section 107 or section 124(2) of this Act.

(3)While a justices’ licence is in suspense by virtue of this section—

(a)it may be transferred or removed in accordance with the provisions in that behalf of Parts I and VII of this Act;

(b)it may be extinguished under section 107 or section 124(2) of this Act;

but, except so far as is requisite for giving effect to those provisions and the other provisions of this Part of this Act, and except as provided by section 104(4) of this Act, it shall not be in force for any purpose.

(4)Notwithstanding the grant of a certificate under this section, a licence shall not be in suspense by virtue of this section if an event has occurred before the grant which would have brought the suspension to an end.

(5)For the purposes of this Part of this Act—

(a)war circumstances” means circumstances directly or indirectly attributable to any war in which Her Majesty may be or has been engaged;

(b)the destruction of the premises or serious damage to them, though not caused by enemy action or other causes arising from war, shall be deemed, in relation to a business carried on in those premises, to be war circumstances if the execution of works necessary to enable the business to be carried on is prevented by war circumstances;

and any reference in this Part of this Act to a licence in suspense is a reference to a licence in suspense by virtue of this section.

133 Restoration to full force of licence in suspense.E+W

(1)Where the holder of a licence for the time being in suspense wishes to resume the business carried on in the premises for which the licence was granted, he may give notice in writing to that effect to the [F313chief executive] to the licensing justices; and, subject to subsection (2) of this section, from the time of his giving the notice the licence shall be in force for all purposes.

(2)Where the licence is an on-licence, and the certificate granted under section 132 of this Act states that the war circumstances include destruction of the premises or serious damage to them, then, unless plans of such works as are reasonably necessary to secure the proper conduct of the business have been submitted to the licensing justices and approved by them, and the licensing justices have signified their satisfaction that the works have been executed in accordance with those plans, a notice under subsection (1) of this section shall have no effect.

(3)A licence in force for all purposes after being in suspense shall, unless previously forfeited or becoming void under this Act, be in force until [F314the expiry of the licensing period current] when it ceased to be in suspense.

(4)Where a licence in suspense is removed the licence granted by way of removal shall not be in suspense and the provisions of this Act shall apply in relation to it as they apply in relation to a licence granted by way of removal of a licence in force.

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Amendments (Textual)

F313Words in s. 133(1) substituted (1.4.2001) by 1999 c. 22, s. 90,