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Licensing Act 1964

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[F1Part IIE+W Applications to Magistrates’ Courts

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Amendments (Textual)

Notice of applicationE+W

4(1)A magistrates’ court shall not hear an application for the making, variation or revocation of a restriction order with respect to any premises unless satisfied that the applicant has given at least 21 days’ notice of his intention to the following persons in accordance with this paragraph.E+W

(2)The persons referred to are the [F2chief executive] to the justices and—

(a)in the case of an application for the making of an order, the secretary of the club which is registered in respect of the premises to which the application relates; and

(b)in the case of an application for the variation or revocation of an order—

(i)the chief officer of police; and

(ii)subject to sub-paragraph (4) below, the person or, if more than one, each of the persons on whose application the order was made.

(3)The reference in sub-paragraph (2) above to the person or persons on whose application a restriction order was made is, in relation to any person who applied by virtue of a position held by him, a reference to the holder for the time being of that position.

(4)Notice under this paragraph in the case of an application for the variation or revocation of a restriction order is not required to be given to a person on whose application the order was made if that person is no longer entitled to apply for the making of a restriction order with respect to the premises or, if he applied by virtue of a position held by him, it is not a position which is any longer held in the neighbourhood; and the obligation to give a person notice is discharged by giving it to him at his last known address.

(5)Notice under this paragraph shall be in writing and specify in general terms the grounds of the application.

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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)

Objections to applications for variation or revocationE+W

5(1)A person intending to oppose an application to a magistrates’ court for the variation or revocation of a restriction order shall give at least 7 days’ notice of his intention to the applicant.E+W

(2)Notice under this paragraph shall be in writing and specify in general terms the grounds of the opposition.

(3)Except as provided by sub-paragraph (4) below, a magistrates’ court shall not entertain an objection unless notice under this paragraph has been duly given.

(4)Where an objection of which notice under this paragraph has not been duly given is made to an application, the magistrates’ court may adjourn consideration of the application to a day which it shall notify to the applicant and the objector and shall on that day hear the application and the objection as if notice of the objection had been duly given.]

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