Access to Justice Act 1999 (c. 22)

SCHEDULES

SCHEDULE 13 Functions transferred to justices' chief executives

The Licensing Act 1964 (c. 26)

36 The Licensing Act 1964 has effect subject to the following amendments.

37. In—

(a) section 8A(2) (approval of prospective licensee),

(b) section 9A(2) (grant of interim authority), and

(c) section 19(1) and (2) (requirement for structural alterations),

for “clerk” substitute “chief executive”.

38 (1) Section 20 (consent for alteration of premises) is amended as follows.

(2) In subsection (2) (plans to be deposited with clerk), for “clerk” substitute “chief executive”.

(3) In subsection (4) (notice of order forfeiting licence or directing restoration of premises)—

(a) for “clerk of” substitute “justices' chief executive for”, and

(b) for “clerk to” (in each place) substitute “chief executive to”.

39 In section 20A(3) (revocation of justices' licences), for “clerk” substitute “chief executive”.

40 (1) Section 22 (procedural provisions as to appeals) is amended as follows.

(2) In subsections (1) and (2) (notice to be given to clerk), for “clerk” substitute “chief executive”.

(3) In subsection (4) (clerk to send notice of appeal to Crown Court), for “clerk to” substitute “chief executive to”.

(4) In subsection (5) (recording by clerk of persons opposing grant), for “clerk” substitute “chief executive”.

41 In section 27(4)(c)(ii) (notice for renewal of licence given to clerk), for “clerk” substitute “chief executive”.

42 (1) Section 28 (clerk to licensing justices) is amended as follows.

(2) In the heading and in the sidenote, after “clerk” insert “and chief executive”.

(3) After subsection (4) insert—

“(5) The justices' chief executive for a petty sessions area shall be chief executive to the licensing justices for the licensing district consisting of that area.”

43 In section 30 (register of licences), in—

(a) subsection (1) (clerk to keep register), and

(b) subsection (4) (certification of entry by clerk),

for “clerk” substitute “chief executive”.

44 (1) Section 31 (matters to be entered in register) is amended as follows.

(2) In subsection (1) (notice of conviction to be entered in register)—

(a) for “clerk”, in the first place, substitute “chief executive”,

(b) for “clerk of” substitute “justices' chief executive for”,

(c) for “clerk”, in the third place, substitute “chief executive”, and

(d) for “that clerk” substitute “him”.

(3) In subsection (2), for “clerk” substitute “chief executive”.

45 In section 32(1) and (2) (persons with interest in property to be registered), for “clerk” substitute “chief executive”.

46 In section 33 (notice of conviction of licence holder to be served on registered owner), in—

(a) subsection (1) (clerk to serve notice), and

(b) subsection (2) (provisions about service) (in both places),

for “clerk” substitute “chief executive”.

47 In section 34(3) (refusal of inspection of register), for “clerk” substitute “chief executive”.

48 In section 46(2) (notice to fire authority of application for registration certificate), for “clerk” substitute “chief executive”.

49 (1) Section 51 (register of clubs) is amended as follows.

(2) In subsection (1) (clerk to keep register), for “clerk” substitute “chief executive”.

(3) In subsection (2) (particulars to be registered), for “clerk” substitute “chief executive”.

(4) In subsection (4) (notice of change of particulars), for “clerk” substitute “chief executive”.

50. In—

(a) section 62(3) (permitted hours in clubs),

(b) section 75(2) and (3) (application for exemption order) (in each place),

(c) section 87A(5) (permitted hours in vineyard premises),

(d) sections 133(1) and 142(1) (restoration of suspended licence),

(e) sections 150(3) and (4)(a), 151(6), 153A(3) and 154(1)(b) (canteen licences),

(f) section 180(3) and (4) (occasional licences) (in each place), and

(g) section 199(c) (saving relating to theatres),

for “clerk” substitute “chief executive”.

51 In Schedule 2 (applications for justices' licences), in—

(a) paragraph 1(a) (notice to clerk),

(b) paragraph 3 (deposition of plan), and

(c) paragraph 6 (list of applicants),

for “clerk” substitute “chief executive”.

52 (1) Schedule 6 (applications and complaints relating to registration certificates) is amended as follows.

(2) In paragraphs 1(1) and (3) and 2 (procedure on making of application), for “clerk” substitute “chief executive”.

(3) In paragraph 4 (copies of application)—

(a) for “clerk to” substitute “chief executive to”,

(b) for “clerk is” substitute “chief executive is”, and

(c) for “clerk needs” substitute “chief executive needs”.

(4) In paragraphs 6(1) and 7 (objections), for “clerk” substitute “chief executive”.

53 In Schedule 8A (procedure for making, varying or revoking restriction orders), in—

(a) paragraph 1(1) (notice of application to licensing justices), and

(b) paragraph 4(2) (notice of application to magistrates' court),

for “clerk” substitute “chief executive”.

54 In paragraph 7 of Schedule 11 (clerk to licensing planning committee)—

(a) for “clerk”, in the first place, substitute “chief executive”, and

(b) for “districts, the clerk to the licensing justices”, substitute “districts for which there are different chief executives, the chief executive”.

55 In Schedule 12 (canteen licences), in paragraphs 1(1)(a) and 3, for “clerk” substitute “chief executive”.

56 In Schedule 12A (children’s certificates), in—

(a) paragraphs 1(1) and 2(1) (applications), and

(b) paragraphs 7(3)(a) and 8(a) (duration),

for “clerk” substitute “chief executive”.