Civic Restaurants Act 1947

1 Power of local authorities to establish restaurants. E+W

(1) The following authorities, that is to say—

[F1 (a) in Greater London, the council of a London borough or the Common Council of the City of London;]

(b) elsewhere in England and Wales, the council of a . . . F2 district,

(c) in Scotland, [F3 an islands area or district council],

may establish and carry on restaurants and otherwise provide for the supply to the public of meals and refreshments, and may carry on such activities as are reasonably incidental or ancillary to the activities aforesaid:

Provided that—

(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(ii)

this subsection shall not authorise the grant of a certificate under the Licensing (Scotland) Acts, 1903 to 1934, for the sale of exciseable liquor in any such restaurant in Scotland; and

(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(iv)

such a licence shall not be granted in respect of any such restaurant established in premises forming part of, or used for the purposes of, any church, chapel or other place of religious worship or used for the purposes of any religious organisation except with the consent of the incumbent, minister, or other person in charge of the church, chapel or place of worship or, as the case may be, the consent of the religious organisation.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(3) An authority exercising powers under this section, . . . F7 , is hereafter in this Act referred to as a “civic restaurant authority”.

(4) A civic restaurant authority shall, in carrying on any activities under this section, be subject to all enactments and rules of law relating thereto, including, in England and Wales, [F8 the Licensing Act 2003 and any other enactment relating to the sale of intoxicating liquor], in like manner as other persons carrying on the like activities.

Textual Amendments

F1 S. (1)(a) substituted by London Government Act 1963 (c. 33), Sch. 17 para. 9(a)

F2 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F3 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 85

F4 S. 1(1) proviso para. (i) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F5 S. 1(1) proviso para. (iii) repealed by Licensing Act 1961 (c. 61), Sch. 9 Pt. II

F6 Ss. 1(2), 2 repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 30 and (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F7 Words repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 30 and (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F8 Words in s. 1(4) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 18 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)