The Deregulation (Licence Transfers) Order 1998

Explanatory Note

(This note is not part of the Order)

This Order is made under section 1 of the Deregulation and Contracting Out Act 1994. It reduces the burdens on business in three respects in connection with the transfer of licences under the Licensing Act 1964 (“the 1964 Act”).

Article 2 inserts into the 1964 Act section 8A which introduces a system allowing approval to be given to prospective licensees. A person approved as a prospective licensee of premises may, where the power to transfer a justices' licence in respect of the premises becomes exercisable, by notice elect that enactments in respect of the sale of intoxicating liquor apply as if the licence was transferred to him (section 8A(2)).

Article 3 inserts into the 1964 Act sections 9A and 9B which introduce a system of interim authorities to be granted to persons not intending to apply for the formal transfer of the licence. Such an interim authority is granted for a period of 28 days (section 9A(3)). There is also provision for an interim authority which lasts for a period of 14 days to be deemed to be granted on the making of an application (section 9B(1)), but this authority ceases to have effect on the service of a notice in writing from the police objecting to the grant of such an authority (section 9B(2)).

Article 4 inserts into the 1964 Act section 193AA which allows a clerk to the justices to grant an application for the transfer of a justices' licence or the grant of an interim authority where the applicant satisfies the conditions in section 193AA(2).