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Licensing Act 1988

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This is the original version (as it was originally enacted).

Licences: miscellaneous provisions

9Provisional grant of new licence or removal

In section 6 of the principal Act (provisional grant of a new justices' licence or removal in the case of premises about to be or in course of construction etc.) after subsection (4) there shall be inserted the following subsections—

(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.

10Disqualified premises—garages.

(1)After section 9(4) of the principal Act there shall be inserted the following subsections—

(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.

(2)Where, apart from this subsection, a justices' licence (within the meaning of the principal Act) would become void on the coming into force of subsection (1) above, the premises to which the licence is attached shall be treated as premises which are not disqualified for receiving such a licence by section 9(4A) of that Act for so long as they continue to be premises for which such a licence is in force.

11Extension of duration of justices' licences and canteen licences

(1)In section 26 of the principal Act (duration of justices' licences)—

(a)in subsection (1), for paragraphs (a) and (b) there shall be substituted—

(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.; and

(b)for subsection (5), there shall be substituted the following—

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

(2)In section 151 of that Act (duration and renewal of canteen licences)—

(a)in subsection (1), for the words “expire on 4th April next after the date on which it comes into force” there shall be substituted the words—

(a)if it comes into force before 5th April 1989, expire on 4th April 1989; and

(b)if it comes into force after 4th April 1989, expire at the end of the licensing period which is current when it comes into force.; and

(b)in subsection (2), for the words “twelve months” there shall be substituted the words “three years”.

(3)In sections 133(3) and 142(3) of that Act (duration of suspended licences when restored to full force) for the words from “5th April” to “time” there shall be substituted the words “the expiry of the licensing period current”.

(4)In section 201(1) of that Act (interpretation), there shall be inserted at the appropriate place in alphabetical order—

“licensing period” has the meaning assigned to it by section 26(5) of this Act;.

12Revocation of justices' licences and canteen licences

(1)The following section shall be inserted after section 20 of the principal Act—

Revocation of justices' licences

20ARevocation

(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 clerk 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 decision; or

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

(2)The following section shall be inserted after section 153 of that Act—

153ARevocation of canteen licences

(1)Licensing justices may revoke a canteen 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 canteen licence under this section is exercisable on any ground on which licensing justices might refuse to renew a canteen licence.

(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 clerk 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 canteen licence shall not have effect—

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

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

13Power of clerk to licensing justices to grant unopposed renewals of justices' licences and canteen licences.

The following section shall be inserted after section 193 of the principal Act—

193APower of clerk to licensing justices to grant unopposed renewals of justices' licences and canteen licences.

(1)This section has effect in relation to applications for the renewal of justices' licences and canteen licences made to the general annual licensing sessions immediately preceding the expiry of a licensing period.

(2)The clerk to licensing justices may exercise on behalf of the justices their powers with respect to an application for the renewal of a justices' licence or canteen licence if—

(a)the application is not opposed; or

(b)where under this Act the application may only be refused on specified grounds, it is not opposed on a ground on which renewal may be refused.

(3)An application may not be dealt with under this section if—

(a)the justices so direct;

(b)it is made in conjunction with any other application or request with respect to the licence sought to be renewed; or

(c)in the case of an application for the renewal of a justices' licence, there is a relevant entry in the register of justices' licences maintained under this Act which relates to the applicant or the premises for which the licence is sought.

(4)An entry in the register of justices' licences is relevant for the purposes of this section if it is an entry made in pursuance of section 31 of this Act or section 163(1)(b) or 168(7)(a) of the [1983 c. 2.] Representation of the People Act 1983 (reports or convictions of bribery or treating to be entered in the register).

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