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Licensing Act 1988

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Commencement Orders yet to be applied to the Licensing Act 1988

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

3 Restriction orders.E+W

(1)After section 67 of the principal Act there shall be inserted the following—

Restriction orders with respect to licensed premises and clubsE+W

67A Restriction orders.

(1)An order under this section may be made with respect to—

(a)any licensed premises or part of licensed premises, other than premises licensed for the sale of intoxicating liquor for consumption off the premises only and any premises for which an occasional licence is in force; and

(b)any premises in respect of which a club is registered.

(2)An order under this section is referred to in this section and sections 67B, 67C and 67D of this Act as a “restriction order” and in those sections (and Schedule 8A to this Act) “theatre” means any premises in respect of which a notice under section 199 (c) of this Act is for the time being in force.

(3)Where a restriction order is in force with respect to any premises or part of any premises, the permitted hours in those premises or that part shall not include any time specified in the order.

(4)A restriction order may specify any time between half past two and half past five in the afternoon and may apply in relation to particular days of the week specified in the order and in relation to particular periods of the year so specified.

(5)The power to make a restriction order shall be exercisable—

(a)with respect to licensed premises, by licensing justices, and

(b)with respect to premises in respect of which a club is registered, by a magistrates’ court,

on application being made to them under this section.

(6)An application for a restriction order may be made by—

(a)the chief officer of police;

(b)any person living in the neighbourhood, or any body representing persons who do;

(c)any person carrying on a business in the neighbourhood or managing or otherwise in charge of it in the neighbourhood; or

(d)the head teacher or other person in charge of any educational establishment in the neighbourhood.

(7)A restriction order may be made—

(a)on the ground that it is desirable to avoid or reduce any disturbance of or annoyance to—

(i)persons living or working in the neighbourhood,

(ii)customers or clients of any business in the neighbourhood, or

(iii)persons attending, or in charge of persons attending, any educational establishment in the neighbourhood,

due to the use of the premises or part of the premises; or

(b)on the ground that it is desirable to avoid or reduce the occurrence of disorderly conduct in the premises or part of the premises or the occurrence in the vicinity of the premises of disorderly conduct on the part of persons resorting to the premises or part of the premises.

(8)The terms of a restriction order shall be such as the licensing justices or, as the case may be, the magistrates’ court think fit.

(9)A restriction order shall have effect as from the date specified in it and (unless revoked or varied or the licence or registration ceases to be in force) for the period specified in it, which shall not exceed twelve months.

(10)Schedule 8A to this Act shall have effect as respects the procedure for the making of restriction orders.

67B Restriction orders: appeals.

(1)Any holder of a justices’ licence, any club or any proprietor of a theatre aggrieved by a decision of licensing justices or a magistrates’ court—

(a)granting a restriction order, or

(b)as to the terms of a restriction order,

may appeal to the Crown Court against the decision.

(2)On an appeal under this section against a restriction order the applicant for the order shall be respondent in addition to the licensing justices or justices, as the case may be.

(3)Where an appeal is brought under this section against a restriction order, the operation of the order shall be suspended until the disposal of the appeal, unless the licensing justices or magistrates’ court, as the case may be, or the Crown Court otherwise order.

(4)The judgment of the Crown Court on any appeal under this section shall be final.

67C Revocation or variation of restriction orders.

(1)Subject to subsection (2) below, where a restriction order is in force in respect of any premises or part of any premises the holder of the justices’ licence, the club or the proprietor of the theatre, as the case may be, may apply to the licensing justices or magistrates’ court who made the order to have it revoked or its terms varied.

(2)No application for the revocation or variation of a restriction order shall be made within the period of six months beginning with the date on which the order came into force nor where a previous application has been made under this section with respect to the order.

(3)On an application under this section in relation to a restriction order, the licensing justices or the magistrates’ court may, if they think fit—

(a)where revocation of the order is sought, either revoke it or make such an order varying its terms as they think fit; and

(b)where variation of the terms of the order is sought, make such an order varying its terms as they think fit.

(4)Schedule 8A to this Act shall have effect as respects the procedure for the revocation or variation of restriction orders.

67D Duty to post notice of restriction order on premises.

(1)Where a restriction order is in force with respect to any licensed premises, the holder of the licence or the theatre proprietor, as the case may be, shall keep posted in some conspicuous place there a notice stating the effect of the order on the permitted hours.

(2)Where a restriction order has effect with respect to a part only of licensed premises, subsection (1) above requires the notice to be posted in that part of the premises.

(3)A person contravening this section shall be liable to a fine not exceeding level 1 on the standard scale.

(2)After section 156 of the principal Act there shall be inserted the following section—

156A Restriction orders.

Sections 67A, 67B and 67C of this Act shall apply in relation to a licensed canteen as they apply in relation to premises for which a justices’ on-licence is in force, with the substitution for any reference to the holder of the justices’ licence of a reference to the holder of the canteen licence.

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

restriction order” has the meaning assigned to it by section 67A(2) of this Act;.

(4)The Schedule set out in Schedule 2 to this Act shall be inserted after Schedule 8 to the principal Act.

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