Local Government (Miscellaneous Provisions) Act 1982

4 Closing hours for take-away food shops. E+W

(1) A district council may make an order under this subsection (in this Part of this Act referred to as a “closing order”) with respect to any premises in their district where meals or refreshments are supplied for consumption off the premises, other than—

(a) any premises that are a late night refreshment house, as defined in section 1 of the M1 Late Night Refreshment Houses Act 1969; and

(b) any premises that are exempt licensed premises as defined in that section,

if they are satisfied that it is desirable to make such an order to prevent residents in the neighbourhood of the premises being unreasonably disturbed either by persons resorting to the premises or by the use of the premises for the supply of meals or refreshments.

(2) A closing order shall be an order specifying individual premises and prohibiting the use of the premises for the supply of meals and refreshments to the public between such hours as may be specified in the order.

(3) The hours specified in a closing order shall commence not earlier than midnight and finish not later than 5 o’clock in the morning.

(4) A closing order may prohibit the use of the premises to which it relates for the supply of meals and refreshments to the public between different hours on different days of the week.

(5) A district council may vary a closing order by an order under this subsection (in this Part of this Act referred to as a “variation order”).

(6) A district council may revoke a closing order by an order under this subsection (in this Part of this Act referred to as a “revocation order”).

(7) A variation order or a revocation order may be made on the written application of the keeper of the premises to which the closing order relates, or without such an application.

(8) Subject to subsection (9) below, a closing order shall cease to have effect 3 years from the date on which it was made, but without prejudice to the power of the district council to make a further closing order.

(9) Subsection (8) above shall have effect in relation to a closing order which has been varied as if the reference to the date on which it was made were a reference to the date on which it was last varied.

(10) In this Part of this Act “the keeper”, in relation to any premises, means the person having the conduct or management of the premises.

(11) Until section 7(1) and (2) below come into force this section shall have effect as if the following paragraph were substituted for subsection (1)(b) above—

“(b) a house, room, shop or building which is licensed for the sale of beer, cider, wine or spirits,”.

Marginal Citations

M1 1969 c. 53.