Public Health Acts Amendment Act 1890

[F1 51 Music and dancing licences. U.K.

For the regulation of places ordinarily used for public dancing or music, or other public entertainment of the like kind, the following provisions shall have effect (namely):—

1. After the expiration of six months from the adoption of this part of this Act, a house, room, garden, or other place, whether licensed or not for the sale of wine, spirits, beer, or other fermented or distilled liquors, shall not be kept or used for public dancing, singing, music, or other public entertainment of the like kind without a licence for the purpose or purposes for which the same respectively is to be used first obtained from the licensing justices of the licensing district in which the house, room, garden, or place is situate, and for the registration thereof a fee of [F2 five pounds] shall be paid by the person applying therefor:

2. Such justices may, under the hands of a majority of them assembled at their general annual licensing meeting or at any adjournment thereof or at any special session convened with fourteen days previous notice, grant licences to such persons as they think fit to keep or use houses, rooms, gardens, or places for all or any of the purposes aforesaid upon such terms and conditions, and subject to such restrictions as they by the respective licences determine, and every licence shall be in force for one year or for such shorter period as the justices on the grant of the licence shall determine, unless the same shall have been previously revoked as hereinafter provided:

3. Such justices may from time to time at any such special session aforesaid transfer any such licence to such person as they think fit:

4. Each person shall in each case give fourteen days notice to the clerk of the licensing justices and to the chief officer of police of the police district in which the house, room, garden, or place is situated, of his intention to apply for any such licence or for the transfer of any such licence:

5. Any house, room, garden, or place kept or used for any of the purposes aforesaid without such licence first obtained shall be deemed a disorderly house, and the person occupying or rated as occupier of the same shall be liable to a penalty not exceeding [F3 £200]:

6. There shall be affixed and kept up in some conspicuous place on the door or entrance of every house, room, garden, or place so kept or used and so licensed as aforesaid, an inscription in large capital letters in the words following: “Licensed in pursuance of Act of “Parliament for” with the addition of words showing the purpose of purposes for which the same is licensed:

7. Any house, room, garden, or place so kept or used, although so licensed as aforesaid, shall not be opened for any of the said purposes except on the days and between the hours stated in the licence:

8. The affixing and keeping up of such inscription as aforesaid, and the observance of the days and hours of opening and closing, shall be inserted in and made a condition of every such licence:

9. In case of any breach or disregard of any of the terms or conditions upon or subject to which the licence was granted, the holder thereof shall be liable to a penalty not exceeding [F3 £200], and such licence shall be liable to be revoked by the order of a court of summary jurisdiction:

10. No notice need be given under sub-section four of this section when the application is for a renewal of any existing licence held by the applicant for the same premises:

11. The justices in any petty sessions may, if and as they think fit, grant to any person applying for the same a licence to keep or use any house, room, garden, or place for any purpose within the meaning of this section for any period not exceeding fourteen days which they shall specify in such licence, notwithstanding that no notices shall have been given under sub-section four of this section:

12. This section shall not apply within twenty miles of the cities of London or Westminster:

13. In this section the expressions “licensing justice,” “licensing district,” and “clerk of the licensing justices” have respectively the same meanings as in the [F4 M1 Licensing Act 1964]; . . . F5 ]

Textual Amendments

F1 S. 51repealed (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I

F2 Words substituted by S.I. 1968/170, Sch.

F3 Words substituted by virtue of Criminal Justice Act 1967 (c. 80), s. 92, Sch. 3 Pt. I

F4 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F5 Definition of “police district” and “chief officer of police” repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I

Modifications etc. (not altering text)

C1 Power to extend or exclude s. 51 conferred by Local Government Act 1972 (c. 70), Sch. 14 Pt. II para. 25

C2 S. 51 excluded (Greater London) by ibid., Sch. 14 Pt. II para. 26; amended by Justices of the Peace Act 1949 (c. 101), s. 41

C3 Power to amend s. 51 para. 1 conferred by Local Government Act 1966 (c. 42), s. 35(2), Sch. 3 Pt. II

C4 S. 51 para. 12 amended (Greater London) by S.I. 1965/654, art. 3(3)

Marginal Citations

M1 1964 c. 26.