Office of Public Sector Information
(1)In this Act . . . F1“justices’ licence" means a licence under this Part of this Act authorising . . . F1 the sale by retail of intoxicating liquor (and also, in the case of a licence granted to a club for club premises, for its supply to or to the order of members otherwise than by way of sale).
(2)In this Act “justices’ on-licence" and “justices’ off-licence" mean respectively—
(a)a justices’ licence . . . F1 authorising sale for consumption either on or off the premises for which the licence is granted; and
(b)a justices’ licence . . . F1 authorising sale for consumption off those premises only.
(3)A justices’ licence shall be in such form as the Secretary of State may prescribe [F2and—
(a)in the case of a justices’ on-licence may authorise the sale—
(i)of intoxicating liquor of all descriptions; or
(ii)of beer, cider and wine only; or
(iii)of beer and cider only; or
(iv)of cider only; or
(v)of wine only;
(b)in the case of a justices’ off-licence, may authorise the sale—
(i)of intoxicating liquor of all descriptions; or
(ii)of beer, cider and wine only.]
F1Words repealed by Finance Act 1967 (c. 54, SIF 63:2), Sch. 16 Pt. I
F2Words substituted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 1
[F1(1)The licensing districts for the purposes of this Act shall be the petty sessions areas F2. . .]
[ F3(2)The licensing justices for any petty sessions area shall be a committee (which shall be known as the area licensing committee) of the justices acting for that area.]
(2A)F2. . .
(3)For the purpose of carrying out their functions under this Act the licensing justices for each district shall hold licensing sessions as follows, that is to say,—
(a)a general annual licensing meeting, and
(b)not less than four . . . F4 transfer sessions,
in the twelve months beginning with February in every year.
(4)Except where this Act otherwise provides, all powers exercisable by licensing justices under this Act may be exercised at any licensing sessions, but this subsection shall not affect the operation of any enactment in so far as it expressly authorises licensing justices to act otherwise than at a licensing sessions.
(5)Part I of Schedule 1 to this Act shall have effect with respect to the constitution and procedure of licensing committees and Part II thereof with respect to the holding of licensing sessions.
F1S. 2(1) substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 25 para. 1
F2Words in s. 2(1), and s. 2(2A) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3), Sch. 15, Pt. V (1) (with SCh. 14 para. 7(2))
F3S. 2(2) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10, paras. 23, 24 (with Sch. 14 para. 7(2))
F4Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), ss. 14(1), 19, Sch. 4
C1S. 2 modified by S.I. 1985/1383, art. 4(4)
C2S. 2 extended by Licensing (Occasional Permissions) Act 1983 (c.24, SIF 68A:1), s. 4(2)(a)
(1)Licensing justices may grant a justices’ licence to any such person, not disqualified under this or any other Act for holding a justices’ licence, as they think fit and proper.
(2)A justices’ licence may be granted as a new licence or by way of renewal, transfer or, subject to section 93(4) of this Act, removal.
(3)In this Act—
(a)renewing a justices’ licence means granting a justices’ licence for any premises to the holder of a similar licence in force for those premises;
(b)removing a justices’ licence means taking it from the premises for which it was granted and granting it for other premises;
(c)transferring a justices’ licence means granting it for any premises to a person in substitution for another person who holds or has held a licence for those premises.
(4)Schedule 2 to this Act shall have effect with regard to the procedure to be followed in relation to applications for the grant of a justices’ licence.
(1)Subject to the provisions of Part IV of this Act, licensing justices granting a new justices’ on-licence, other than a licence for the sale of wine alone . . . F1, may attach to it such conditions governing the tenure of the licence and any other matters as they think proper in the interests of the public; but no payment may be required in pursuance of a condition attached under this subsection.
(2)Subject to section 113 of this Act, licensing justices shall not grant a new justices’ on-licence for premises unless the premises are in their opinion structurally adapted to the class of licence required.
F1Words repealed by Finance Act 1967 (c. 54, SIF 63:2), Sch. 16 Pt. I
(1)Subject to the following provisions of this Act, licensing justices shall have the same power to grant a removal of a justices’ licence as they have to grant a new licence.
(2)Licensing justices may grant an ordinary removal to premises in their licensing district from any other premises, whether in that district or not.
(3)An application for a removal shall be made by the person wishing to hold the licence after the removal.
(4)Subject to sections 113, 122 and 126 of this Act, licensing justices shall not grant the removal of a justices’ on-licence to any premises unless in their opinion the premises are structurally adapted to the licence.
(5)Licensing justices shall not grant an ordinary removal unless they are satisfied that no objection to the removal is made—
(a)where the licence is a justices’ on-licence, by the owner of the premises from which it is sought to remove the licence or by the holder of the licence,
(b)where the licence is a justices’ off-licence, by the holder of the licence,
or by any person other than the owner of the said premises and the holder of the licence or, as the case may be, other than the holder of the licence, whom the justices consider to have a right to object to the removal.
(6)In this Act, “ordinary removal" means a removal which is neither a special removal (as defined in section 15(2) of this Act) nor a planning removal or temporary premises removal (as defined in sections 121(2) and 126(2) of this Act respectively).
(1)Where licensing justices are satisfied, on application made by a person interested in any premises which are—
(a)about to be constructed or in the course of construction for the purpose of being used as a house for the sale of intoxicating liquor (whether for consumption on or off the premises); or
(b)about to be altered or extended or in the course of alteration or extension for that purpose (whether or not they are already used for that purpose);
that the premises, if completed in accordance with plans deposited under this Act, would be such that they would have granted a justices’ on-licence or a justices’ off-licence for the premises, they may make a provisional grant of such a licence for those premises.
(2)Any such application may be made either for the provisional grant of a new licence or for a provisional removal of a licence to the premises, and the grant may be made accordingly.
(3)On an application by the holder of a provisional licence, licensing justices may consent to any modifications of the deposited plans where, in their opinion, the premises, if completed in accordance with the modified plans, will be fit and convenient for their purpose.
(4)Licensing justices shall, after such notice has been given as they may require, declare a provisional grant final on being satisfied—
(a)that the premises have been completed in accordance with the plans deposited, or in accordance with those plans with modifications consented to under the preceding subsection; and
(b)that the holder of the provisional licence is not disqualified by this or any other Act for holding a justices’ licence and is in all other respects a fit and proper person to hold a justices’ licence;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
[F2(4A)The holder of a provisional licence may also apply to have a provisional grant declared final before the premises have been completed if it is likely that they will be completed as mentioned in paragraph (a) of subsection (4) of this section before the date appointed for the next licensing sessions; and the licensing justices, if they are satisfied that the premises are likely to be so completed and are further satisfied of the matters mentioned in paragraph (b) of that subsection, may direct that the declaration may be made before the next licensing sessions by a single licensing justice.
(4B)In a case where a direction has been given under subsection (4A) of this section, a single licensing justice, after such notice has been given as he may require, shall declare the provisional grant final if he is satisfied that the premises have been completed as mentioned in paragraph (a) of subsection (4) of this section.
(4C)Until a provisional grant has been declared final under subsection (4) or (4B) of this section it shall not be valid.]
(5)If on an application for the provisional grant of a justices’ licence the applicant deposits, instead of plans of the premises, a plan sufficient to identify the site of the premises, together with such description of the premises as will give a general indication of their proposed size and character (with reference in particular to the sale of intoxicating liquor), then—
(a)the licensing justices shall deal with the application as if the site plan and description deposited instead were the deposited plans, and shall assume that the premises will be fit and convenient for their purpose; but
(b)any provisional grant of a licence made on the application shall become ineffective unless affirmed under subsection (6) of this section in pursuance of an application made at a licensing sessions held within the twelve months following the date of the grant (or, where there is an appeal, the date the appeal is disposed of).
(6)Where licensing justices make a provisional grant of a licence by virtue of subsection (5) of this section the holder of the provisional licence may apply for the grant to be affirmed, and shall give notice of the application and deposit plans, as if he were applying (otherwise than under that subsection) for the grant of the licence; and the licensing justices shall affirm the provisional grant if satisfied that the premises, if completed in accordance with the plans deposited, will be fit and convenient for their purpose.
F1Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4
F2S. 6(4A)–(4C) inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 9
(1)Licensing justices may not renew a justices’ licence at transfer sessions, except where the licence was due for renewal at the preceding general annual licensing meeting and the justices are satisfied that the applicant had reasonable cause for not applying for renewal at that meeting.
(2)A person intending to oppose an application for the renewal of a justices’ licence shall give notice in writing of his intention to the applicant [F1and the clerk to the licensing justices], specifying in general terms the grounds of the opposition, not later than seven days before the commencement of the licensing sessions at which the application is to be made, and unless notice has been so given the licensing justices shall not entertain the objection, . . . F2
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(4)Evidence given on an application for the renewal of a justices’ licence shall be given on oath.
(5)Where the holder of a justices’ licence fails to apply for its renewal at the general annual licensing meeting at which it is due for renewal, and the licence expires in consequence of his failure, an application by him for a similar licence for the same premises shall be treated as an application for renewal, and the grant of the licence applied for shall be treated as a renewal of the expired licence, if the application is made not later than the next general annual licensing meeting and the licensing justices are satisfied that he had reasonable cause for his failure.
F1Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 1(a)
F2Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4
F3S. 7(3) repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Schs. 3 para. 1(b), 4
(1)Subject to sections 138 and 145 of this Act, licensing justices shall not grant a transfer of a justices’ licence except in the following cases and to the following persons, that is to say—
(a)where the holder of the licence has died, to his representatives or the new tenant or occupier of the premises;
(b)where the holder of the licence becomes incapable through illness or other infirmity of carrying on business under the licence (and notwithstanding that the licence may have ceased to be in force before the transfer), to his assigns or the new tenant or occupier of the premises;
[F1(c)where the holder of the licence has been adjudged bankrupt, or a [F2voluntary arrangement proposed by the holder of the licence has been approved under Part VIII of the Insolvency Act 1986], or a trustee has been appointed under a deed of arrangement within the meaning of the Deeds of Arrangement Act M11914 for the benefit of the creditors of the holder of the licence, to the trustee of the bankrupt’s estate or under the deed or the supervisor of the [F2voluntary arrangement] or the new tenant or occupier of the premises:]
(d)where the holder of the licence has given up or is about to give up, or his representatives have given up or are about to give up, occupation of the premises, to the new tenant or occupier of the premises or the person to whom the representatives or assigns have, by sale or otherwise, bona fide conveyed or made over the interest in the premises;
(e)where the occupier of the premises, being about to quit them, has wilfully omitted or neglected to apply for the renewal of the licence, to the new tenant or occupier of the premises;
(f)where the owner of the premises or some person on his behalf has been granted a protection order under section 10(3) of this Act and application for the transfer is made at the first or second licensing sessions begun after the making of that order, to the owner or person applying on his behalf.
(2)For the purposes of paragraph (d) of the preceding subsection, a person occupying premises for the purpose of carrying on business under a licence shall be treated as giving up occupation on his giving up the carrying on of the business, notwithstanding that he remains temporarily in occupation of the premises or part of them.
(3)The foregoing provisions of this section, except paragraphs (e) and (f) of subsection (1), shall apply in relation to the transfer of a provisional licence as if the licence were in force, and shall, as so applying, be construed as if “occupation" included intended occupation, and similarly as respects other expressions.
(4)Licensing justices may, at their general annual licensing meeting, make regulations determining the time that must elapse after the hearing of an application for transfer before another such application may be made in respect of the same premises; but licensing justices may in any particular case dispense with the observance of regulations made under this subsection.
F1S. 8(1)(c) substituted (with saving in Insolvency Act 1986 (c. 45, SIF 66), s. 437, Sch. 11 para. 10) by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 12(1)(2)
F2Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
M11914 c.47(11:1).
(1)If, on an application made to licensing justices with respect to any licensed premises, the justices are satisfied that the applicant—
(a)is a fit and proper person, and
(b)is not disqualified under this or any other Act for holding a justices’ licence,
the justices may, subject to subsection (3) of this section, approve him as a prospective licensee of the premises.
(2)Where the power of licensing justices to transfer a justices’ licence for any premises is exercisable by virtue of section 8(1) of this Act, any person who has been approved as a prospective licensee of the premises may, by notice in writing—
(a)to the [F2chief executive] to the licensing justices, and
(b)to the chief officer of police,
elect that the enactments relating to the sale of intoxicating liquor and to licensed premises shall apply as if the licence were transferred to him immediately after the giving of the notice; and any election so made shall have effect accordingly.
(3)Licensing justices shall not approve a person as a prospective licensee of any licensed premises if, in their opinion, there is a likelihood that, if he became a licensee of the premises under subsection (2) of this section, he would be prevented by other commitments from properly discharging his functions as such a licensee.
(4)Licensing justices approving any person as a prospective licensee of any licensed premises shall cause a memorandum of the approval to be endorsed on the justices’ licence for the premises or, where a copy of the licence is admissible in evidence, on a copy of the licence.
(5)Paragraphs 1(a) and (c), 4(a) and (b) and 5 to 8 of Schedule 2 to this Act (application for justices’ licence) shall apply in relation to an application for approval under this section as they apply to an application for the grant of a justices’ licence.]
F1S. 8A inserted (1.2.1998) by 1998/114, art. 2
F2Words in s. 8A(2) substituted (1.4.2001) by 1999 c. 22 s. 90, Sch. 13 paras. 36, 37(a); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
(1)Without prejudice to the provisions of this or any other Act whereby a person may be disqualified for holding a justices’ licence, the following persons shall be so disqualified, that is to say—
(a)a sheriff’s officer or officer executing the legal process of any court;
(b)a person convicted, whether under this Act or otherwise, of forging a justices’ licence or making use of a forged justices’ licence knowing it to have been forged;
(c)a person convicted, whether under this Act or otherwise, of permitting to be a brothel premises for which at the time of the conviction he held a justices’ licence.
(2)Where within a period of two years two persons severally holding a justices’ licence for any premises forfeit their licences, the premises shall be disqualified for receiving a justices’ licence for a period of twelve months following the second forfeiture.
(3)Premises shall be disqualified for receiving a justices’ licence if they are situated on land acquired or appropriated by a special road authority, and for the time being used, for the provision of facilities to be used in connection with the use of a special road provided for the use of traffic of class I (with or without other classes).
(4)For the purpose of subsection (3) of this section—
(a)“special road" and “special road authority" have the same meanings as in [F1the M1Highways Act 1980], except that “special road" includes a trunk road to which by virtue of [F1paragraph 3 of schedule 23 to that Act] the provisions of that Act apply as if the road were a special road; and
(b)“class I" means class I in Schedule 4 to that Act as varied from time to time by any order under [F2section 17] of that Act, but if that Schedule is amended by such an order so as to add to it a further class of traffic, the order may adapt the reference in subsection (3) of this section to traffic of class I so as to take account of the additional class.
[F3(4A)Premises shall be disqualified for receiving a justices’ licence if they are primarily used as a garage or form part of premises which are primarily so used.
(4B)In subsection (4A) of this section, the reference to use as a garage is a reference to use for any one or more of the following purposes, namely, the retailing of petrol or derv or the sale or maintenance of motor vehicles.]
(5)The provisions . . . F4 of this section shall be without prejudice to the disqualification under any other Act of premises for receiving a justices’ licence.
(6)A justices’ licence purporting to be held by any person disqualified for holding a licence, or attached to premises disqualified for receiving a licence, shall be void.
F1Words substituted by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 12(a)
F2Words substituted by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 12(b)
F3S. 9(4A)(4B) inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 10
F4Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 2, Sch. 4
M11980 c. 66 (59).
(1)This section applies where the power of licensing justices to transfer a justices’ licence for any premises is exercisable by virtue of section 8(1) of this Act.
(2)If the licensing justices are satisfied, on application made by notice in writing to the [F2chief executive] to the licensing justices and to the chief officer of police, that the applicant—
(a)is a fit and proper person, and
(b)is not disqualified under this or any other Act for holding a justices’ licence,
the justices may grant him an authority (in this Act referred to as an “interim authority") conferring in respect of the premises the same authority as that conferred by the justices’ licence.
(3)An interim authority shall be granted for a period of 28 days beginning with such date as may be specified in it.
(4)If during the period for which an interim authority granted to any person is in force, an application for the transfer of the justices’ licence is made (whether by him or by any other person), the interim authority shall continue in force until the application is disposed of.
(5)While an interim authority in respect of any premises is in force, the enactments relating to the sale of intoxicating liquor and to licensed premises (other than those relating to the renewal or transfer of licences or to protection orders) shall apply to the person granted the authority as if he were the holder of the justices’ licence.
(6)The power conferred on licensing justices by subsection (2) of this section—
(a)shall not be exercisable in relation to premises which are already the subject of an interim authority, and
(b)shall not be exercisable more than twice in relation to each occasion on which the power to transfer a justices’ licence becomes exercisable as mentioned in subsection (1) of this section.
F1SS. 9A and 9B inserted (1.2.1998) by S.I. 1998/114, art. 3(1)
F2Words in s. 9A(2) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 37(b) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
(1)Where an application for an interim authority is made under section 9A of this Act within seven days of the power of the licensing justices to transfer a justices’ licence becoming exercisable by virtue of section 8(1) of this Act—
(a)an interim authority shall be deemed to have been granted in respect of the premises; and
(b)subject to subsection (2) of this section, that authority shall remain in force for a period of 14 days beginning with the date of the application.
(2)An interim authority deemed to have been granted by virtue of subsection (1) of this section shall cease to have effect if, within the period of 14 days mentioned in that subsection—
(a)the chief officer of police, or
(b)an officer of police designated by him,
by notice in writing served on the applicant and the licensing justices, objects to the granting of an interim authority under section 9A of this Act.
(3)The power conferred on licensing justices by section 9A of this Act—
(a)may be exercised by a single justice, and
(b)may be exercised otherwise than at licensing sessions.
(4)A justice to whom application is made under section 9A of this Act for an interim authority may examine the applicant on oath.]
Licensing Act 1964