Licensing Act 1988

Licensing justices: constitution and procedure and costs E+W

14 Modifications of constitution and procedure of licensing justices E+W

(1) In section 2(3)(b) of the principal Act (number of transfer sessions to be held in any year), the words “nor more than eight” shall be omitted.

(2) The following section shall be inserted after section 192 of that Act—

“192A Power of justices at licensing sessions to act in divisions.

(1) If a majority of the licensing justices present at a licensing sessions so resolve, they may for the purposes of that sessions consitute themselves into two or more divisions.

(2) A division constituted in accordance with this section may excercise all the powers excercisable by licensing justices under this Act and those powers shall be excercisable by a majority of the members present at a meeting of the division assembled for the purpose.

(3) The quorum of a division of justices constituted under this section shall be three.”but this amendment is not to invalidate any proceedings at licensing sessions before the commencement of this subsection at which the licensing justices sat in divisions.

(3) In Schedule 1 to that Act (licensing committees)—

(a) in paragraph 2 (number of justices constituting committee), for the word “fifteen” there shall be substituted the words “ twenty or such larger number as is for the time being authorised under paragraph 2A below. ”; and

(b) after that paragraph there shall be inserted the following paragraph—

The Secretary of State may direct that such number greater than twenty as is specified in the direction shall be the maximum number of members of licensing committees and a direction under this paragraph may apply to the committees for licensing districts specified in the direction and, where it does so apply, may specify different numbers for the committees for different districts.”

15 Power of licensing justices to award costs. E+W

After the section 193A of the principal Act inserted by section 13 above there shall be inserted the following section—

“193B Power of licensing justices to award costs.

(1) On the hearing of any application under this Act relating to licensed premises or a seamen’s canteen, the licensing justices may make such order as they think just and reasonable for the payment of costs to the applicant by any person opposing the application or by the applicant to any such person.

(2) For the purposes of enforcement an order for costs made under subsection (1) above shall be treated as an order for the payment of a sum enforceable as a civil debt.”