SCHEDULES
SCHEDULE 2MEANING OF “SUBSISTING LICENCE”
1
Except in the circumstances mentioned in paragraph 2 or 3, a licence shall be treated as a subsisting licence only if the business authorised by the licence has been regularly carried on throughout, or for a substantial part of, the year immediately preceding the date of its surrender or, where the licence has not been in force for a year, the period from the date when it was granted to the date of its surrender.
2
Notwithstanding anything in paragraph 1, a licence shall be treated as a subsisting licence if—
a
the premises specified in it—
i
have, by reason of fire, tempest, or other unforeseen and unavoidable calamity, become incapable of being used for the business carried on in them under the licence; or
ii
have ceased, or are likely to cease, by reason of the termination of a tenancy or an alteration in the terms of a tenancy (whether under a lease or otherwise), to be available for the business carried on in them under the licence; or
iii
have been, or are likely to be, acquired or demolished, either wholly or to a substantial extent, under any statutory provision; or
iv
have been, or are to be, extended to include other premises which are, or are to be constructed so as to be, contiguous to them; or
v
are, or are to be, used for the purpose of the same business in conjunction with other additional premises which are or are to be constructed adjacent to them; or
vi
have been, or are to be, wholly or substantially demolished and new premises have been or are to be constructed wholly or partly within their curtilage; and
b
where sub-paragraph (a)(iv), (v) or (vi) applies, the business carried on under the licence has been interrupted for the purpose of enabling the extension, demolition or construction to be carried out; and
c
the application for the new licence has been made within a reasonable period.
3
Notwithstanding anything in paragraph 1, a licence shall be treated as a subsisting licence if the business carried on under it has been interrupted by reason only of the suspension of the licence.