Town and Country Planning Act 1954

58 Provisions as to monopoly value of licensed premises

(1) The provisions of this section shall have effect where it is certified by the Commissioners of Customs and Excise (in this section referred to as " the Commissioners ")—

(a) that on the grant, or provisional grant, of a justices' on-licence to which this section applies a payment was imposed by reference to monopoly value, as mentioned in subsection (1) of section fourteen of the Licensing (Consolidation) Act, 1910 (in this section referred to as " the monopoly payment "); and

(b) that in assessing that payment account was taken of the effect of Part VII of the principal Act, and in consequence thereof the payment was increased by an amount specified in the certificate (in this section referred to as " the certified amount"),

and it is certified by the Central Land Board that no development charge has been determined by the Board to be payable in respect of the erection or use of the premises to which the licence related.

(2) This section applies to any justices' on-licence granted, or provisionally granted, after the first day of July, nineteen hundred and forty-eight, and before the eighteenth day of November, nineteen hundred and fifty-two.

(3) Any certificate issued by the Central Land Board under this section shall state whether, before the eighteenth day of November, nineteen hundred and fifty-two, operations for the erection of the premises to which the licence related were begun, or the use of those premises in pursuance of the licence was instituted, in such circumstances that a development charge could have been determined to be payable in respect thereof if the circumstances referred to in paragraphs (a) and (b) of subsection (1) of this section had not existed.

(4) If it is certified by the Central Land Board that a development charge could have been determined as mentioned in the last preceding subsection, the provisions of Part I of this Act shall apply as if the person who paid the monopoly payment, or, if that payment was not paid in full in the first instance, the person who paid the first instalment thereof, had incurred a development charge in respect of the land on which the operations were begun, or the use instituted, as mentioned in the last preceding subsection, and the amount of the charge had been the certified amount:

Provided that—

(a) any payment falling to be made by virtue of this subsection shall be made by the Commissioners instead of by the Board ; and

(b) subsections (2) and (3) of section fourteen of this Act shall not apply to payments falling to be made by virtue of this subsection.

(5) Where, apart from this subsection, a payment (in this subsection referred to as " the special payment ") would be payable by virtue of the last preceding subsection, then, unless the monopoly payment has been paid in full, the Commissioners shall not pay the special payment to the person entitled thereto, but—

(a) if the monopoly payment was payable by instalments, the amount payable in respect of each instalment shall be reduced rateably so that the total reduction is equal to the principal amount of the special payment, and, if one or more instalments have been paid, the Commissioners shall repay so much thereof as by reason of the reduction ought not to have been paid, together with interest on the amount so repaid at the rate of three and one-half per cent. per annum from the first day of July, nineteen hundred and forty-eight, to the date of repayment or to the thirtieth day of June, nineteen hundred and fifty-five, whichever is the earlier ;

(b) if the monopoly payment was not payable by instalments and has not been paid, it shall be reduced by the principal amount of the special payment.

(6) Where the Central Land Board are satisfied that (apart from the last preceding subsection) a person would have been entitled to a payment by virtue of subsection (4) of this section if he had applied for it within the period prescribed in that behalf, and he has failed to apply for the payment within that period or within any extended period allowed for applying for it, the Board may determine the principal amount of the payment to which he would have been so entitled ; and the last preceding subsection shall apply as if that person had become entitled to the payment and the principal amount thereof had been the principal amount determined under this subsection.

(7) Section fifteen of this Act shall apply as respects the principal amount of a payment determined under the last preceding subsection as it applies (by virtue of paragraph (c) of subsection (4) thereof) as respects the principal amount of a payment determined under subsection (3) of section fourteen of this Act.

(8) If it is certified by the Board that a development charge could not have been determined as mentioned in subsection (3) of this section, then—

(a) if the monopoly payment has been paid in full, the Commissioners shall repay a sum equal to the certified amount;

(b) if the monopoly payment was payable by instalments, the amount payable in respect of each instalment shall be reduced rateably so that the total reduction is equal to the certified amount, and, if one or more instalments have been paid, the Commissioners shall repay so much thereof as by reason of the reduction ought not to have been paid;

(c) if the monopoly payment was not payable by instalments and has not been paid, it shall be reduced by the certified amount.