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Revised Statute from The UK Statute Law Database

Licensing Act 1964 (c. 26)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not in the form in which it was originally enacted but is a revised version, which means that subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003 and 2005. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Licensing Act 1964

1964 CHAPTER 26

Contents

Go to Preamble

  1. Part I

    The General Licensing System

    1. Justices’ licences and provisions as to licensing justices

      1. 1. Justices’ licenses

      2. 2. Licensing justices and districts

    2. Grant of justices’ licence

      1. 3. Grant of justices’ licence

      2. 4. New licences

      3. 5. Removals

      4. 6. Provisional grant of new licence or removal

      5. 7. Renewals

      6. 8. Transfers

      7. 8A. Approval of prospective licensees

      8. 9. Persons and premises disqualified for holding or receiving justices’ licence

    3. Interim authorities

      1. 9A. Interim authorities

      2. 9B. Supplementary provisions relating to interim authorities

    4. Protection orders

      1. 10. Protection orders

      2. 11. Supplementary provisions relating to protection orders

    5. Old on-licences

      1. 12. Restricted power of licensing justices to refuse renewal or transfer of old on-licences

      2. 13, 14... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 15. Special removals of old on-licences

      4. 16—18... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. Control of licensing justices over structure of licensed premises

      1. 19. Power to require structural alterations on renewal of on-licence

      2. 20. Consent required for certain alterations to on-licensed premises

    7. Revocation of justices licenses

      1. 20A. Revocation

    8. Appeals

      1. 21. Appeals

      2. 22. Procedural provisions as to appeals

      3. 23. Powers of quarter sessions on appeals

      4. 24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 25. Award of costs of licensing justices out of local funds

    9. Duration of Licences

      1. 26. Duration of licences

      2. 27. Effect on duration of opposition to grant of licence

    10. Clerk and chief executiveto licensing justices and fees

      1. 28. Clerk and chief executive to licensing justices

      2. 29. Fees chargeable in licensing matters

    11. Register of Licences

      1. 30. Register of licences

      2. 31. Convictions, forfeitures and disqualifications to be entered in register

      3. 32. Registration of owner, etc

      4. 33. Notice of conviction of licence holder to be given to registered owner

      5. 34. Inspection of register

      6. 35. Duty of licensing justices to have regard to entries in register

    12. Miscellaneous

      1. 36. Proof of justices’ licence and provisions as to forgery thereof

      2. 37. Power to extend existing on-licence to additional types of liquor

      3. 38.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Part II

    Sale and Supply of Intoxicating Liquor in ClubPremises

    1. Conditions for supply of intoxicating liquor by clubs

      1. 39. Conditions for supply of intoxicating liquor by clubs

    2. Registered clubs

      1. 40. Registration of clubs

      2. 41. Qualifications for registration

      3. 42. Modification of registration qualifications for certain clubs

      4. 43. Disqualification for and refusal of registration certificate

      5. 44. Objections to and cancellation of registration certificate

      6. 45. Inspection of premises before first registration

      7. 46. Rights of fire authorities in connection with registration of clubs

      8. 47. Power to order disqualification of premises

      9. 48. Notification of alteration in rules of registered club

      10. 49. Sale of intoxicating liquor by registered clubs

      11. 50. Appeal to quarter sessions

      12. 51. Register of clubs

      13. 52. Provisions as to different premises of same club

      14. 53. Penalty for false statements

      15. 54. Search warrants

    3. Licensing of club premises

      1. 55. Licensing of club premises

    4. Miners’ welfare institutes

      1. 56. Application of Part II to miners’ welfare institutes

    5. Supplemental

      1. 57. Applications to magistrates’ court under Part II

      2. 58. Interpretation of Part II

  3. Part III

    Permitted Hours

    1. Prohibition of sale, etc. of intoxicating liquor outside permitted hours

      1. 59. Prohibition of sale, etc. of intoxicating liquor outside permitted hours

    2. General provisions as to permitted hours

      1. 60. Permitted hours in licensed premises

      2. 61. Orders varying permitted hours

      3. 62. Permitted hours in clubs

    3. Exceptions

      1. 63. Exceptions from prohibition of sale, etc. of intoxicating liquor outside permitted hours

    4. Restrictions on permitted hours in licensed premises

      1. 64. Seasonal licenses

      2. 65. Six-day and early-closing licences

      3. 66. Sunday closing in Wales and Monmouthshire

      4. 67. Supplementary provisions for Welsh Sunday polls

    5. Restriction orders with respect to licensed premises and clubs

      1. 67A. Restriction orders

      2. 67B. Restriction orders: appeals

      3. 67C. Revocation or variation of restriction orders

      4. 67D. Duty to post notice of restriction order on premises

    6. Extension of permitted hours in licensed premises and clubs

      1. 68. Extension of permitted hours in restaurants, etc

      2. 69. Application of paragraph (a) or (b) of s. 68(1)

      3. 70. Extended hours in restaurants, etc. providing entertainment

      4. 71. Orders of licensing justices under s. 70

      5. 72. Orders of magistrates’ court under s. 70

      6. 73. Supplementary provisions as to orders under s. 70

      7. 74. Exemption orders

      8. 75. Procedural provisions as to exemption orders outside metropolitan area

    7. Special hours certificates

      1. 76. Permitted hours where special hours certificate in force

      2. 77. Special hours certificates for licensed premises

      3. 77A. Provisional grant of special hours certificates by licensing justices

      4. 78. Special hours certificates for clubs

      5. 78ZA. Provisional grant of Special Hours Certificates by Magistrates’ Court

      6. 78A. Limitations on special hours certificates

      7. 79. Licensing authority’s certificate of suitability of club premises for music and dancing

      8. 80. Special hours certificates limited to particular days or parts of the year

      9. 81. Revocation of special hours certificates

      10. 81A. Special hours certificates: further powers to impose limitations as to hours

      11. 81AA. Special hours certificates: exclusion of Sundays in case of disturbance etc

      12. 81B. Special hours certificates: appeals

      13. 82. Special hours certificate and extension or exemption orders in respect of same premises

      14. 83. Supplementary provisions as to special hours certificates

    8. Millennium licensing hours

      1. 83A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. Parties organised for gain

      1. 84. Prohibition of consumption of intoxicating liquor outside general licensing hours at parties organised for gain

      2. 85. Supplemental provisions as to parties organised for gain

    10. Miscellaneous

      1. 86. Permitted hours in off-sales department of on-licensed premises

      2. 86A. International ports

      3. 87. International airports

      4. 87A. Power to vary permitted hours in on-licensed vineyard premises

      5. 88. Saving as to Sunday observance

    11. Supplementary provisions

      1. 89. Duty of licensee to post notice where permitted hours modified (E+W)

      2. 89. Duty of licensee to post notice where permitted hours modified (E+W)

      3. 90. Opening during permitted hours not obligatory

      4. 91. Procedure of licensing justices

      5. 92. Meaning of the magistrates’ court in relation to clubs, and procedure on applications to magistrates’ courts

  4. Part IV

    Restaurants and Guest Houses

    1. 93. Provisions as to grant of certain licences for restaurants, guest houses, etc

    2. 94. Conditions attached to Part IV licences for restaurants, guest houses, etc

    3. 95. Permitted hours in premises for which restaurant or residential and restaurant licence is in force

    4. 96. Requirement of sitting accommodation for residential licence or residential and restaurant licence

    5. 97. Restrictions concerning justices’ licences for restaurants and guest-houses, etc

    6. 98. Grounds for refusing applications for Part IV licences

    7. 99. Application for Part IV licence in place of other on-licence

    8. 100. Power of court to disqualify for Part IV licences on conviction of certain offences

    9. 101. Supplementary provisions as to disqualification orders

  5. Part V

    1. 102.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 103.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 104—107... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  6. Part VI

    New Towns

    1. 108. Committee to determine distribution of licensed premises in new town

    2. 109. Formulation and submission to Minister of proposals by committee

    3. 110. Objections to and confirmation of proposals and power to revoke or vary

    4. 111. Grant of new licences and removals in new towns

    5. 112. Restriction on grant or variation of justices’ licence for premises in new towns

    6. 113. Temporary licensed premises

    7. 114. Membership of committee not to disqualify licensing justice

    8. 115. Development corporation to provide services for, and pay expenses of, committee

    9. 116. Effect of transfer of development corporation’s property to Commission for the New Towns

    10. 117. Meaning of “new town" and effect of revocation or variation of order designating site of proposed new town

  7. Part VII

    Licensing Planning Areas

    1. 118. Licensing planning areas

    2. 119. Licensing planning committees

    3. 120. Variation and abolition of licensing planning areas

    4. 121. Submission and confirmation of proposals

    5. 122. Planning removals

    6. 123. Limitations on power to grant or vary licences in licensing planning areas

    7. 124. Extinguishment of licences in licensing planning areas

    8. 125. Old on-licences in licensing planning areas

    9. 126. Temporary premises

    10. 127, 128... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. 129. Regulations

    12. 130. Membership of licensing planning committee not to disqualify licensing justice

    13. 131.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  8. Part VIII

    Suspension of Licences by reason of War Circumstances

    1. 132. Suspension of licence where business discontinued owing to war circumstances

    2. 133. Restoration to full force of licence in suspense

    3. 134. Extinguishment of licence in suspense when suspension no longer justified

    4. 135. Extinguishment of licence in suspense on grounds of conduct or fitness

    5. 136.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. 137. Discontinuance of business taking place during proceedings for renewal

    7. 138. Transfer of licence in suspense to owner of licensed premises

    8. 139. Appeals to quarter sessions

    9. 140. Rules, etc

  9. Part IX

    Suspension of Licences by Reason of Compulsory Acquisition, etc

    1. 141. Suspension of justices’ licence where licensed premises compulsorily acquired or temporary premises cease to be available

    2. 142. Restoration to full force of licence in suspense

    3. 143. Extinguishment of licence in suspense when suspension no longer justified

    4. 144. Extinguishment of licence in suspense on other grounds

    5. 145. Transfer of licence in suspense

    6. 146. Appeals to quarter sessions

    7. 147. Rules, etc

  10. Part X

    Seamen’s Canteens

    1. Canteen licences

      1. 148. Licences for seamen’s canteens authorising the holding of retailer’s on-licences

      2. 149. Grant of canteen licences

      3. 150. Provisional canteen licences

      4. 150A. Variation of description of intoxicating liquor authorised to be sold

      5. 151. Renewal of canteen licences

      6. 152. Transfer of canteen licences

      7. 153. Alterations to canteen premises

      8. 153A. Revocation of canteen licences

      9. 154. Rights of appeal

    2. Sale and supply of intoxicating liquor in licensed canteens

      1. 155. Prohibition of sale, etc. of intoxicating liquor in canteens outside permitted hours

      2. 156. Permitted hours in licensed canteen

      3. 156A. Restriction orders

      4. 157. Prohibition of sale or supply of intoxicating liquor in canteens for consumption off the premises

    3. Supplementary

      1. 158.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 159.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  11. Part XI

    General Provisions Regulating Sale, etc., Possession and Delivery of Intoxicating Liquor

    1. 160. Selling liquor without licence

    2. 161. Selling liquor in breach of conditions of licence

    3. 162. Keeping on premises of liquor of kind not authorised by licence

    4. 163. Delivery from vehicles, etc

    5. 164. Penalty for breach of terms of off-licence

    6. 165.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. 166. Restriction on credit sales

    8. 167. Saving for liqueur chocolates

  12. Part XII

    Protection of Persons under Eighteen and other Provisions as to Conduct of Licensed Premises and Licensed Canteens

    1. Persons under eighteen

      1. 168. Children prohibited from bars

      2. 168A. Children’s certificates

      3. 169A. Sale of intoxicating liquor to a person under 18

      4. 169B. Allowing the sale of intoxicating liquor to a person under 18

      5. 169C. Purchase of intoxicating liquor by or for a person under 18

      6. 169D. Exception to the section 169A-C offences

      7. 169E. Consumption of intoxicating liquor by a person under 18

      8. 169F. Delivery of intoxicating liquor to a person under 18

      9. 169G. Sending a person under 18 to obtain intoxicating liquor

      10. 169H. Penalty for offences

      11. 169I. Enforcement role for weights and measures authorities in relation to certain offences

      12. 170. Persons under 18 not to be employed in bars

      13. 170A. Employment in bars under approved training schemes

      14. 171. Exclusion from sections 168 to 170 of bars while in regular use for service of table meals

      15. 171A. Prohibition of unsupervised off-sales by persons under 18

    2. Preservation of order

      1. 172. Licence holder not to permit drunkenness, etc

      2. 172A. Other persons in authority not to permit drunkenness etc

      3. 173. Procuring drink for drunken person

      4. 174. Power to exclude drunkards, etc., from licensed premises

      5. 175. Prostitutes not to be allowed to assemble on licensed premises

      6. 176. Permitting licensed premises to be a brothel

      7. 177. Gaming on licensed premises

    3. Offences in relation to constables

      1. 178. Offences in relation to constables

    4. Application to seamen’s canteens and occasional licences

      1. 179. Application of Part XII to seamen’s canteens and premises for which occasional licence is in force

  13. Part XIII

    Miscellaneous

    1. Closure of certain licensed premises due to disorder or disturbance

      1. 179A. Closure order

      2. 179B. Consideration of closure order by certain justices

      3. 179C. Extensions of closure order

      4. 179D. Cancellation of closure order

      5. 179E. Revocation of justices’ licence etc. after closure order

      6. 179F. Procedural requirements

      7. 179G. Rights of appeal

      8. 179H. Enforcement

      9. 179I. Exemption from liability for certain damages

      10. 179J. Offences by body corporate

      11. 179K. Interpretation of sections 179A to 179K

    2. Other

      1. 180. Consent to grant of occasional licence

      2. 181.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 181A. Sales to or by persons under 18 of intoxicating liquor on wholesale premises

      4. 182. Relaxation, with respect to licensed premises, of law relating to music and dancing licences and billiards

      5. 183. Name of holder of licence, etc., to be affixed to licensed premises

      6. 184. Communication between licensed premises and places of public resort

      7. 185. Licence or exemption order to be produced on demand

      8. 186. Right of constables to enter premises

      9. 187. Search warrant

      10. 188. Closing of licensed premises in case of riot

      11. 189. Temporary licence pending appeal against conviction

      12. 190. Magistrates’ courts, etc. not to sit in licensed premises

      13. 191. Procedure for amending certain rules of clubs established before 3rd August 1961

  14. Part XIV

    Supplemental

    1. 192. Jurisdiction of justices

    2. 192A. Power of justices at licensing sessions to act in divisions

    3. 193. Disqualification of justices

    4. 193A. Power of clerk to licensing justices to grant unopposed renewals of justices’ licences and canteen licences

    5. 193AA. Power of clerk to licensing justices to grant certain transfers etc

    6. 193B. Power of licensing justices to award costs

    7. 194. Prosecution of offences and disposal of forefeited goods

    8. 195. Application of s. 194 to offences under Licensing Act 1872 and Licensing Act 1902

    9. 196. Proof of sale or consumption of intoxicating liquor

    10. 196A. Extension to certain proceedings under this Act of section 97 of the Magistrates’ Courts Act 1980

    11. 197. Service of notices, etc

    12. 198. Orders, rules and regulations

    13. 199. Exemptions and savings

    14. 200. Meaning of “licensed premises" in this Act and s. 12 of Licensing Act 1872

    15. 201. Interpretation of other expressions

    16. 202. Application to Isles of Scilly

    17. 203.†Amendments, transitional provisions and repeals

    18. 204. Short title, commencement and extent

  15. SCHEDULE 1

    Constitution and Procedure of Licensing Justices

  16. SCHEDULE 2

    Applications for Justices’ Licences

  17. SCHEDULES 3 and 4

    . .

  18. SCHEDULE 5

    Requirements to be Complied With by Club’s Application for Registration Certificate

  19. SCHEDULE 6

    Procedure on Applications and Complaints relating to Registration Certificates

  20. SCHEDULE 7

    Provisions as to Club Rules

  21. SCHEDULE 8

    Polls in Wales and Monmouthshire

  22. SCHEDULE 8A

    Procedure for Making, Varying or Revoking Restriction Orders

  23. SCHEDULE 8B

    . .

  24. SCHEDULE 9

    . .

  25. SCHEDULE 10

    Committee for New Town

  26. SCHEDULE 11

    Licensing Planning Committees

  27. SCHEDULE 12

    Applications for Grant and Transfer of Canteen Licences

  28. SCHEDULE 12A

    Children’s Certificates: Supplementary Provisions

  29. SCHEDULE 13

    . .

  30. SCHEDULE 14

    Transitional Provisions

  31. SCHEDULE 15

    . .

An Act to consolidate certain enactments relating to the sale and supply of intoxicating liquor in England and Wales and to matters connected therewith; with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.

[25th March 1964]

Annotations:

Modifications etc. (not altering text)

C1Act subject to transfer of powers in part (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2Act amended by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 24

C3Functions of clerk of court, where the court is the Crown Court, now exercisable by the appropriate officer of the Crown Court: Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. I

C4Act restricted by Housing Act 1985 (c. 68, SIF 61), s. 11(3)

Commencement Information

I1Act wholly in force at 1st January 1965 see s. 204(2).

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