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Late Night Refreshment Houses Act 1969

1969 CHAPTER 53

An Act to consolidate certain enactments relating to refreshment houses within the meaning of the Refreshment Houses Act 1860, with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.

[22nd October 1969]

Annotations:

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Modifications etc. (not altering text)

C1 By London Local Authorities Act 1990 (c. vii), s. 20 it is provided that this Act shall cease to have effect in a borough to which s. 20 of that 1990 Act applies on the day which the council of that borough resolves to be the appointed day for the purposes of Part II of that 1990 Act

1 Meaning of “late night refreshment house”. E+W

[F1 (1)] For the purposes of this Act, a “late night refreshment house” is a house, room, shop or building kept open for public refreshment, resort and entertainment at any time between the hours of 10 o’clock at night and 5 o’clock of the following morning, other than a house, room, shop or building which is licensed for the sale of beer, cider, wine or spirits.

[F1 (2) In subsection (1) above “exempt licensed premises” means a house, room, shop or building which—

(i) is licensed for the sale of beer, cider, wine or spirits; and

(ii) is not kept open for public refreshment, resort and entertainment at any time between normal evening closing time and 5 o’clock of the following morning.

(3) In subsection (2) above “normal evening closing time” means—

(a) in relation to premises with permitted hours in the evening, a time thirty minutes after the end of those hours; and

(b) in relation to premises without permitted hours in the evening, 10 o’clock at night;

and in this subsection “permitted hours” means the hours specified in section 60 of the Licensing Act M1 1964 as modified by any other provision of that Act.]

Annotations:

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)

F1 S. 1 renumbered and s. 1(2) added by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 7(1)(2) (subject to a saving in s. 7(4) for premises in Greater London)

Modifications etc. (not altering text)

C2 By Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 7(1) (subject to a saving in s. 7(4) for premises in Greater London) it is provided that in s. 1 for from “a house” in the second place where occurring to the end there shall be substituted “exempt licensed premises”

Marginal Citations

M1 1964 c. 26 (68A:1).

2 Requirement of licence to keep late night refreshment house. E+W

(1) A person who keeps a late night refreshment house shall take out annually a licence to do so, granted by the licensing authority under this Act.

(2) The licensing authorities under this Act are [F2 , Welsh county councils and county borough councils][F3 district councils] and, in the case of Greater London, the councils of London boroughs and the Common Council of City of London; and in the following provisions of this Act—

(a) “licence” means a licence under this Act to keep a late night refreshment house; and

(b) “licensed” and “licensee” shall be construed accordingly.

(3) It is an offence for a person to keep a late night refreshment house without having a licence in force under this Act.

Annotations:

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)

F2 Words in s. 2(2) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para.36 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch.2

F3 Words substituted by Local Government Act 1972 (c. 70), s. 204(9)

Modifications etc. (not altering text)

C3 S. 2: 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 Table B21

3 Annual duty on licence, and power to vary. E+W

(1) Subject to the provisions of this Act, on every licence under this Act there shall be [F4 payable to the licensing authority a fee of such amount as appears to them to be appropriate]; and a licence shall be granted by the licensing authority on payment of the [F4 fee] (except where there is for the time being in force in relation to the person or premises concerned a disqualification order under section 100 of the M2 Licensing Act 1964 or section 11(4) of this Act).

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Annotations:

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)

F4 Words substituted by Local Government Act 1974 (c. 7), Sch. 6 para. 24(1)

F5 Ss. 3(2)(3), 12 repealed by Local Government Act 1974 (c. 7), Sch. 8

Marginal Citations

M2 1964 c. 26.

4 Reduced duty on beginner’s part-year licence. E+W

Where a licence is granted on or after 1st July in any year—

(a) to a person who has not within two years immediately preceding held a licence; or

(b) in respect of premises in respect of which the person to whom the licence is granted has not within the said period held a licence,

the licensing authority may grant the licence on payment of a proportion of the full [F6 fee] the proportion being as follows—

(i) if the licence is taken out in July, August or September, three-quarters;

(ii) if it is taken out in October, November or December, one-half; and

(iii) if it is taken out in January, February or March, one-quarter.

Annotations:

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)

F6 Words substituted by Local Government Act 1974 (c. 7), Sch. 7 para. 24(2)

5 Date of licence and period of validity. E+W

(1) A licence granted between 31st March and 1st May in any year shall have effect from 1st April in that year; and a licence granted at any other time shall have effect from the date of the grant.

(2) Every licence, whenever granted, shall have effect until the end of 31st March next following the date of the grant and shall be renewable annually on payment of the [F7 fee payable] if any.

(3) On the death of a person licensed under this Act to keep a late night refreshment house the licensing authority may, by endorsement or otherwise, authorise his personal representative or his widow or child, if possessed of and occupying the premises to which the licence relates, to continue to keep the refreshment house until the end of the following 31st March, without taking out a fresh licence or paying any additional [F7 fee]; and a person so authorised shall then be deemed to be the holder of the licence.

Annotations:

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)

F7 Words substituted by Local Government Act 1974 (c. 7), Sch. 7 para. 24(2)

6 Local register of licences. E+W

(1) There shall be kept by every licensing authority a list or register of licences granted by them for late night refreshment houses in their area, showing in respect of each licence the name and place of abode of the licensee and the name and description of the premises which are the subject of the licence.

(2) The authority shall, whenever required, give [F8 a copy of or extract from the list or register to the justices’ chief executive for any petty sessions area falling wholly or partly within their area.]

(3) The licensee of a late night refreshment house shall, on any change of address which affects the list or register kept by a licensing authority under this section, notify the authority in writing of the new address to be entered in the list or register as his place of abode; and he shall be guilty of an offence if he fails to do so within two weeks after the change of address.

Annotations:

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)

F8 Words in s. 6(2) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para.62 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

7 Power of licensing authority to impose conditions as to opening after 11 p.m. E+W

(1) A licensing authority, if satisfied that it is desirable to do so in order to avoid unreasonable disturbance to residents of the neighbourhood, may on the grant or renewal of a licence for a late night refreshment house impose a condition prohibiting the opening or keeping open of the refreshment house for public refreshment, resort or entertainment at any time between such time (not earlier than 11 o’clock at night) as may be specified in the condition and 5 o’clock in the morning.

(2) In the event of a contravention of a condition imposed by the licensing authority under this section, the licensee of the refreshment house shall be guilty of an offence.

(3) A person aggrieved by a condition imposed under this section on the grant or renewal of a licence may appeal to a magistrates’ court; and—

(a) the court may on the appeal give such directions as it thinks proper with respect to the condition subject to which the licence is to be granted or renewed (including a direction that no condition is to be imposed); and

(b) a party to an appeal under this subsection may appeal from the decision of the magistrates’ court to [F9 the Crown Court].

Annotations:

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)

F9 Words substituted by virtue of Courts Act 1971 (c. 23), s 56(2), Sch. 9 Pt. I

8 Conditions of licence as to charges and touting. E+W

(1) Where this subsection applies to a late night refreshment house, it shall not be lawful to make any charge for or in connection with the entertainment of persons in the refreshment house during the hours of late opening, whether for the supply of food or drink, for admission, for service of any description or for any other matter, except any reasonable charge for the use of cloakroom or toilet facilities, unless—

(a) a tariff of charges made in the refreshment house is during those hours kept displayed in such position and in such manner that it can be conveniently read by persons frequenting the refreshment house and, if so required by subsection (4) of this section, can be so read by any such person before entering; and

(b) the charge is specified for the matter in question in the tariff or is less than a charge so specified.

(2) Where this subsection applies to a late night refreshment house it shall not be lawful to seek to obtain custom for the refreshment house by means of personal solicitation outside or in the vicinity of the refreshment house.

(3) Subsection (1) or (2) above, or both, shall apply to a late night refreshment house if, but only if, the licensing authority have made that a condition of the grant or renewal of a licence for the refreshment house, and have not revoked the condition; and a licensing authority may impose such a condition in any case where it appears to them desirable in order to ensure that persons frequenting the refreshment house are not misled as to the nature or cost of the entertainment provided.

(4) Where subsection (1) applies, the tariff of charges must be able to be read before entering by any person frequenting the refreshment house, if it is so stated by the condition applying the subsection, and on any renewal of the licence the condition may be varied so as to include or omit any such statement.

(5) In the event of a contravention of subsection (1) or (2) of this section the keeper of the refreshment house and any person responsible for the contravention (other than a person who did not know of the condition applying the subsection) shall be guilty of an offence; and where a person is charged with such an offence, it shall be for him to show that he did not know of the condition.

(6) In this section “the hours of late opening” means any period between the hours of 10 o’clock at night and 5 o’clock on the following morning during which the refreshment house is open.

9 Illegal and disorderly conduct. E+W

(1) If the licensee of a late night refreshment house knowingly permits unlawful gaming therein or knowingly permits prostitutes, thieves, or drunken and disorderly persons to assemble at, or continue in or upon, his premises, he shall be guilty of an offence.

(2) In subsection (1) of this section the reference to unlawful gaming is to the playing of any game in such circumstances that an offence is committed under Part II of the M3 Betting, Gaming and Lotteries Act 1963.

(3) As from the date on which there comes into force so much of section 53 of, and Part I of Schedule 11 to, the M4 Gaming Act 1968 as amends section 40 of the M5 Betting, Gaming and Lotteries Act 1963, subsection (2) of this section shall have effect as if for the reference to Part II of the said Act of 1963 there were substituted a reference to the said Act of 1968.

(4) If a person who is drunk, riotous, quarrelsome or disorderly in a late night refreshment house licensed under this Act refuses or neglects to leave it on being requested to do so by the manager or occupier, or his agent or servant, or by any constable, he shall be guilty of an offence.

Annotations:

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.

Marginal Citations

M3 1963 c. 2.

M4 1968 c. 65.

M5 1963 c. 2.

10 Power of constable to enter and keep order. E+W

(1) A constable may, at any time when he thinks fit, enter a late night refreshment house licensed under this Act and go upon any premises belonging thereto; and the licensee or any other person being his employee or acting by his direction shall be guilty of an offence if he fails or refuses to admit a constable demanding admittance under this subsection.

(2) Every constable is hereby authorised and required, on the demand of the manager or occupier of a late night refreshment house licensed under this Act, or of any servant or agent of the manager or occupier, to assist in expelling from the refreshment house drunken, riotous, quarrelsome and disorderly persons.

11 Punishment of offences. E+W

(1) A person guilty of an offence under section 2(3), 7(2), 8(5), 9(1) or 10(1) of this Act shall be liable on summary conviction to a fine of not more than [F10 level 4 on the standard scale] or to imprisonment for a term of not more than three months, or both.

(2) A person guilty of an offence under section 6(3) of this Act shall be liable on summary conviction to a fine of not more than [F10 level 1 on the standard scale].

(3) A person guilty of an offence under section 9(4) of this Act shall be liable on summary conviction to a fine of not more than [F10 level 1 on the standard scale].

(4) On a person’s conviction in relation to any premises of any of the following offences, that is to say—

(a) an offence under section 2(3), 7(2), 8(5), 9(1) or 10(1) of this Act;

(b) an offence under section 160 of the M6 Licensing Act 1964 (sale of intoxicating liquor without licence) committed by the keeper of a late night refreshment house; or

(c) an offence under section 84(2) of that Act (supply or consumption of intoxicating liquor at parties organised for gain) committed by the keeper of a late night refreshment house in connection with parties at the refreshment house,

the court by or before which he is convicted may make a disqualification order, and sections 100(2) and 101 of the M7 Licensing Act 1964 shall apply to a disqualification order under this subsection as they apply to a disqualification order under section 100 of that Act.

Annotations:

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)

F10 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Marginal Citations

M6 1964 c. 26.

M7 1964 c. 26.

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W

Annotations:

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)

F11 Ss. 3(2)(3), 12 repealed by Local Government Act 1974 (c. 7), Sch. 8

13 Transitional provisions and saving. E+W

(1) Any licence granted or renewed, or condition imposed, or other thing done, under an enactment repealed by this Act shall have effect as if granted, renewed, imposed or done under the corresponding enactment in this Act.

(2) Any enactment or other document referring—

(a) to an enactment repealed by this Act; or

(b) to a refreshment house within the meaning of the M8 Refreshment Houses Act 1860 or a licence for such a refreshment house, or to a person keeping or being licensed to keep such a refreshment house,

shall, so far as such a construction is necessary for preserving the effect of the document, be construed as referring to the corresponding enactment in this Act or to a late night refreshment house within the meaning of this Act, or to a licence under this Act for such a refreshment house, or to a person keeping or being licensed to keep such a refreshment house, as the case may be.

(3) Without prejudice to subsection (2) of this section, in subsection (2)(a) of section 100 of the Licensing Act 1964 (disqualification orders) for the words “the Refreshment Houses Act 1860” there shall be substituted the words “Late Night Refreshment Houses Act 1969”.

(4) The mention of particular matters in this section shall not be taken to affect the general application of section 38 of the M9 Interpretation Act 1889 with regard to the effect of repeals.

(5) A power under any enactment to amend or repeal an enactment repealed by this Act shall include power to amend or repeal the corresponding provision of this Act.

Annotations:

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.

Modifications etc. (not altering text)

C4 The text of ss. 13(3), 14 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M8 1860 c. 27.

M9 1889 c. 63.

14 Repeals. E+W

The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. . . .

Annotations:

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.

Modifications etc. (not altering text)

C5 The text of ss. 13(3), 14 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

15 Citation, commencement and extent. E+W

(1) This Act may be cited as the Late Night Refreshment Houses Act 1969.

(2) This Act shall come into force on 1st January 1970.

(3) Nothing in this Act extends to Scotland or Northern Ireland.

SECTION 14.

SCHEDULE E+W Enactments Repealed

Annotations:

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.

Modifications etc. (not altering text)

C6 The text of ss. 13(3), 14 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.