Office of Public Sector Information
PART III continued
(1)It shall be unlawful before the beginning or after the end of the general licensing hours to supply or consume intoxicating liquor at any party organised for gain and taking place in premises kept or habitually used for the purpose of parties so organised at which intoxicating liquor is consumed; but this subsection does not prohibit anything done at a party taking place in licensed premises or at any party for which an occasional licence has been granted nor anything done as part of the activities of a canteen, mess or club at the canteen, mess or the premises in respect of which the club is registered.
(2)If any person—
(a)supplies intoxicating liquor in contravention of subsection (1) of this section, or
(b)being the occupier of any premises, permits them to be used for a party, and that subsection is contravened at the party, or
(c)being a person concerned in the organisation of a party, permits any person to supply or consume intoxicating liquor at the party in contravention of that subsection, or
(d)being a person licensed to sell intoxicating liquor, delivers such liquor before the beginning or after the end of the general licensing hours to any premises kept or habitually used as mentioned in that subsection or permits it to be so delivered,
he shall be liable, on a first conviction to a fine not exceeding fifty pounds, and on a subsequent conviction to imprisonment for a term not exceeding three months or a fine not exceeding one hundred pounds or both.
(3)Any person who consumes intoxicating liquor in contravention of subsection (1) of this section shall be liable, on a first conviction to a fine not exceeding five pounds, and on a subsequent conviction to a fine not exceeding thirty pounds.
(4)For the purposes of this section, a party shall be deemed to have been organised for gain if any pecuniary advantage accrued or was intended to accrue to any person concerned in its organisation as a result of the party; and in determining whether any such advantage so accrued or was intended to accrue no account shall be taken of any expenditure incurred in connection with the party; but a party shall not be deemed to have been organised for gain by reason only that any person concerned in its organisation took part or intended to take part in the playing of any game, or made or intended to make bets on any game, if the arrangements were such as to give him no greater chance of winning than any other person.
(5)For the purposes of this section, a person shall be deemed to have been concerned in the organisation of a party if he took any part in procuring the assembly of the party or in acting as host or assisting the host at the party.
(6)Nothing in this section shall affect the delivery or supply of intoxicating liquor to, or the consumption of intoxicating liquor by, a person in premises in which he is for the time being residing; and in determining for the purposes of this section whether a party is being held in any premises, or whether any premises are kept or habitually used for the purpose of holding parties, the presence of persons residing in the premises shall be disregarded.
(7)The reference in subsection (1) of this section to licensed premises shall be construed as including a licensed canteen.
C1S. 84(2)(3): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
(1)If a justice of the peace is satisfied by information on oath that there is reasonable ground for believing that any premises in the [F1commission area] for which he is justice are kept or habitually used for the holding of parties at which the provisions of subsection (1) of section 84 of this Act are contravened, he may issue a search warrant under his hand to a constable authorising him at any time or times within one month from the date of the warrant to enter those premises, which shall be named in the warrant, by force if need be, and search them and to seize and remove any intoxicating liquor found there that the constable has reasonable grounds for supposing to be on the premises for the purpose of being supplied or consumed in contravention of the provisions of that section.
(2)If any person found on premises in which intoxicating liquor is seized under subsection (1) of this section, on being asked by a constable for his name and address, refuses to give them or gives a false name or address, he shall be liable to a fine not exceeding [F2level 1 on the standard scale].
(3)If any person is convicted of an offence under section 84 of this Act in respect of the premises in which any liquor is seized under this section, the liquor so seized and the vessels containing it shall be forfeited.
[F3(4)In subsection (1) above “county", in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).]
F1Words in s. 85(1) substituted (27.9.1999) by 1999 c. 22, s. 76, Sch. 10 paras. 23, 25 (with S. 107, Sch. 14 paras. 7(2), 36(9))
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F3S. 85(4) inserted (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 2(1)(with ss. 54(5)(7), 55(5)); S.I. 1995/3198, art. 3, Sch. 1
S. 85(4) repealed (W.) (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. II para. 4
C1S. 85(1) modified (E.)(1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. II para. 5(2)(m)
S. 85(1) modified (W.)(1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. II para. 7(2)(m)
(1)If licensing justices are of opinion, in the case of any premises for which a justices’ on-licence is to be or has been granted, that a specified part of the premises is structurally adapted for the sale of intoxicating liquor for consumption off the premises, they shall at the request of the person applying for the licence or on an application by the holder insert in the licence a condition that the specified part shall not be used for the sale or supply of intoxicating liquor for consumption on the premises; and while—
(a)the licence is subject to the condition; and
(b)the specified part is not connected by any internal communication open to customers with a part of the licensed premises used for the sale or supply of intoxicating liquor for consumption on the premises;
the permitted hours in the specified part shall be the same as in premises licensed for sales for consumption off the premises only, whatever the permitted hours in any other part of the licensed premises may be.
(2)Licensing justices may vary or revoke any such condition either on an application by the holder of the licence or on the renewal or transfer of the licence and at the request of the person applying for the renewal or transfer.
(1)At a port where this section is in operation section 59 of this Act shall not apply to licensed premises within an approved wharf.
(2)The Secretary of State may by order bring this section into operation at any port which appears to him to be one at which there is a substantial amount of international passenger traffic.
(3)Before the Secretary of State makes an order bringing this section into operation at a port, he shall satisfy himself that arrangements have been made for affording reasonable facilities on licensed premises within any approved wharf at that port for obtaining hot and cold beverages other than intoxicating liquor at all times when intoxicating liquor is obtainable on those premises.
(4)If it appears to the Secretary of State that at any port where this section is in operation such arrangements as are mentioned in subsection (3) of this section are not being maintained, he shall revoke the order bringing this section into operation at that port, but without prejudice to his power of making a further order with respect to that port.
(5)In this section, “approved wharf" has the same meaning as in the Customs and M1Excise Management Act 1979.]
F1S. 86A inserted (3.11.1994) by 1994 c. 40, ss. 18(1), 82(3)
M11979 c. 2.
(1)At an airport where this section is in operation section 59 of this Act shall not apply to licensed premises which are within the examination station approved for the airport under [F1section 22 of the M1Customs and Excise Management Act 1979].
(2)This section is, at the commencement of this Act, in operation at any airport at which, immediately before that commencement, the M2Licensing (Airports) Act 1956 was in operation, and the Minister of Aviation may by order bring this section into operation at any airport which appears to him to be one at which there is a substantial amount of international passenger traffic; and may revoke any such order, and any order under the said Act of 1956, by a subsequent order under this section.
(3)Before the Minister makes an order bringing this section into operation at an airport, he shall satisfy himself that arrangements have been made for affording reasonable facilities on licensed premises within the said examination station at the airport for obtaining hot and cold beverages other than intoxicating liquor at all times when intoxicating liquor is obtainable on those premises, and if it appears to him that at any airport where this section is in operation such arrangements are not being maintained, he shall revoke the order with respect to that airport, but without prejudice to his power of making a further order with respect to that airport.
F1Words substituted by Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 12 Table Pt. I
C1S. 87 brought into operation at certain additional airports by S.I.s 1985/653, 1730, 1986/525, 971, 1987/1982, 1990/1043
C2S. 87 extended with modifications by S.I. 1972/971, art. 5, Sch. 2; brought into operation at certain airports by S.I. 1983/1217, art. 2, Sch. 1
M11979 c. 2 (40:1).
M21956 c. 37.
(1)Licensing justices, on an application by the holder of a justices’ on-licence for any premises which form part of a vineyard, may make an order varying the permitted hours in those premises if, after hearing evidence, they are satisfied—
(a)that the sale of intoxicating liquor on the premises is ancillary to the carrying on of a business of producing wine from grapes grown in the vineyard; and
(b)that it is desirable to make an order under this section for the accommodation of persons visiting the vineyard.
(2)An order under this section may vary the permitted hours either generally or for such days or part or parts of the year as the licensing justices think fit.
(3)In making an order under this section with respect to permitted hours on weekdays, other than Christmas Day or Good Friday, licensing justices may not so vary the hours as to make them exceed in total more than twelve hours on any day.
(4)In making an order under this section with respect to permitted hours on Sundays [F2, other than Christmas Day, or on] Good Friday, licensing justices may not so vary the hours as to make them—
(a)begin before twelve noon; or
(b)exceed in total more than [F3nine] and a half hours on any day.
[F4(4A)In making an order under this section with respect to the permitted hours on Christmas Day, licensing justices may not so vary the hours as to make them—
(a)begin before twelve noon; or
(b)exceed in total more than five and a half hours.]
(5)A person intending to apply for an order under this section shall give notice in writing of his intention to the [F5chief executive] to the licensing justices and the chief officer of police at least 21 days before the commencement of the licensing sessions at which the application is to be made.
(6)Licensing justices shall not hear an application for an order under this section unless notice under subsection (5) of this section has been duly given.
(7)Licensing justices may revoke or vary an order under this section; but, unless it is proved that the holder of the justices’ on-licence had notice of the revocation or variation, a person shall not be guilty of an offence under section 59 of this Act in doing anything that would have been lawful had the revocation or variation not been made.]
F1S. 87A inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 8
F2Words in s. 87A(4) substituted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 5(a)(i); S.I. 1995/1930, art. 2
F3Word in s. 87A(4)(b) substituted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 5(a)(ii); S.I. 1995/1930, art. 2
F4S. 87A(4A) inserted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 5(b); S.I. 1995/1930, art. 2
F5Words in s. 87A(5) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 50(c) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
Where, by virtue of section 70 of this Act F1. . ., the permitted hours on a Saturday in any licensed premises or part of licensed premises extend beyond midnight, nothing in the M1Sunday Observance Act 1780 shall apply— [F2to the premises or part, by reason of the provision there of entertainment (in addition to substantial refreshment)]before the end of those permitted hours.
F1Words in s. 88 omitted (19.3.2001) by virtue of S.I. 2001/920, art. 2, Sch. para. 13(2)
F2Words in s. 88 substituted (19.3.2001) for s. 88(a)(b) by S.I. 2001/920, art. 2, Sch. para. 13(3)
M11780 c. 49 (45A).
(1)Where the permitted hours in any licensed premises or part of licensed premises depend to any extent on a general order of exemption [F1, an order under section 87A of this Act] or on any provision of section 68, 70 or 76 of this Act, the holder of the licence shall keep posted in some conspicuous place there a notice stating the effect of the order or provision applying and, if it applies on certain days only, stating the days on which it applies.
(2)A person contravening this section shall be liable to a fine not exceeding [F2level 1 on the standard scale].
F1Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 10
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
(1)Where the permitted hours in any licensed premises or part of licensed premises depend to any extent on a general order of exemption [F1, an order under section 87A of this Act] or on any provision of section 68, 70 or 76 of this Act, the holder of the licence shall keep posted in some conspicuous place there a notice stating the effect of the order or provision applying and, if it applies on certain days only, stating the days on which it applies.
(2)A person contravening this section shall be liable to a fine not exceeding [F2level 1 on the standard scale].
F1Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 10
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
Nothing in this Act shall be taken to require licensed premises to be open for the sale of intoxicating liquor or for any other purpose during the permitted hours, except in so far as they are so required by any conditions attached to the licence.
The Secretary of State may make rules prescribing the procedure on applications to licensing justices under section 77 [F1, [F277A,] 78A, 81 [F3, 81A or 81AA]] of this Act and the procedure for the exercise of the powers of licensing justices under sections 68 and 70 to 73 of this Act.
F1Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 11
F2Words in s. 91 inserted (1.5.1996) by S.I. 1996/977, art. 5(6)
F3Words in s. 91 substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 14
(1)In this Part of this Act “the magistrates’ court" means, in relation to any club premises, a magistrates’ court having jurisdiction in relation to the issue and renewal of the club’s registration certificate for the premises.
(2)The following applications to a magistrates’ court under this Part of this Act shall be made by way of complaint against the club, that is to say,—
(a)an application for a declaration under section 69(1)(b) of this Act;
(b)an application for the revocation of an order under section 70 of this Act made by a magistrates’ court;
(c)an application for the revocation of a special hours certificate granted under section 78 [F1or 78ZA] of this Act.
[F2(d)an application under section 81AA of this Act for the variation of a special hours certificate .]
(3)Subject to paragraph 18 of Schedule 6 to this Act, paragraphs 13 and 14 of that Schedule shall apply in relation to any complaint made by virtue of subsection (2) of this section as they apply in relation to a complaint for the cancellation or variation of a registration certificate.
(4)In relation to any application relating to club premises made to a magistrates’ court under this Part of this Act, other than an application mentioned in subsection (2) of this section, section 46(2) of this Act and paragraphs 1 to 10, 11(1) and 16 of Schedule 6 to this Act shall (subject to paragraph 18 of that Schedule) apply with any necessary modifications as they apply in relation to applications for the issue of a registration certificate, . . . F3
Licensing Act 1964