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1A licensing committee shall be appointed in the month of October, November or December for the year beginning with the following 1st January.
2A licensing committee shall consist of such number of members as the justices appointing the committee may determine, not being less than five nor more than [F1twenty or such larger number as is for the time being authorised under para. 2A below.]
F1Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 14(3)(a)
[F12AThe Secretary of State may direct that such number greater than twenty as is specified in the direction shall be the maximum number of members of licensing committees and a direction under this paragraph may apply to the committees for licensing districts specified in the direction and, where it does so apply, may specify different numbers for the committees for different districts.]
F1Sch. 1 para. 2A inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 14(3)(6)
3A casual vacancy arising in a licensing committee from death, resignation or otherwise may be filled by the justices by whom the committee is appointed.
4The quorum of a licensing committee shall be three.
5The members of the committee retiring at the end of a year may be re-appointed; and, if members are not appointed in any year to succeed the retiring members, the retiring members may continue to act until their successors are appointed.
6Notwithstanding anything in section 2(2) of this Act, where, in the case of any licensing district other than a borough having a separate commission of the peace, the total number of justices acting for the petty sessions area forming the district (excluding any who are disqualified under subsections (1) to (3) of section 193 of this Act) is less than ten, the committee for that district may, if the justices so determine, consist of all of them.
7The licensing sessions of each twelve months beginning with February shall be held at as nearly regular intervals as may be, and the general annual licensing meeting shall be held in the first fortnight of February.
8The licensing justices shall appoint the day, time and place for holding the licensing sessions of each twelve months at a meeting held not less than twenty-one days before the day appointed for the general annual licensing meeting or, in the case of the transfer sessions, either at that meeting or at the general annual licensing meeting.
9The licensing justices may for the general annual licensing meeting appoint different days for different parts of the licensing district, and, if they do, may appoint different places also.
10A licensing sessions may, for the purpose of dealing with business not disposed of, be from time to time continued by adjournment beyond the day appointed for the holding of the sessions; but no new application may be made at any adjourned sessions and references in this Act or any other enactment (in whatever terms) to the day or first day of a licensing sessions and to the conclusion of a licensing sessions shall be taken as referring to the day appointed for holding the sessions and to the conclusion of the proceedings on that day (and, in the case of a general annual licensing meeting for which different days are appointed for different parts of the licensing district, as having reference to the one appointed for the relevant part of the district).
11When licensing justices have appointed the time and place for the holding of any licensing sessions, [F1the chief executive to the licensing justices shall] advertise notice of it in a newspaper circulating in the licensing district, and shall send notice of it—
(a)to every member of the licensing committee;
(b)to every holder of a justices’ licence or canteen licence in the licensing district;
(c)to every person who gives or has previously [F2given the chief executive]notice of his intention to apply for such a licence at those sessions;
(d)to the chief officer of police for the police area or each of the police areas in which the licensing district or any part of it is situated.
F1Words in Sch. 1 para. 11 substituted (1.4.2001) by S.I. 2001/618, art. 2(3)(a)
F2Words in Sch. 1 para. 11(c) substituted (1.4.2001) by S.I. 2001/618, art. 2(3)(b)
1A person proposing to apply at a licensing sessions for the grant of a new justices’ licence, or for the ordinary or special removal or the transfer of a justices’ licence, shall give the following notices:—
(a)not less than twenty-one days before the day of the licensing sessions he shall give notice in writing to the [F1chief executive] to the licensing justices, the chief officer of police and the proper local authority;
(b)in the case of a transfer he shall give the like notice to the holder of the licence (if any), and in the case of a removal he shall give the like notice to the registered owner of the premises from which it is sought to remove the licence and the holder of the licence (if any) unless he is also the applicant;
(c)except in the case of a transfer, he shall—
(i)not more than twenty-eight days before the day of the licensing sessions display notice of the application for a period of seven days in a place where it can conveniently be read by the public on or near the premises to be licensed (or, in the case of an application for a provisional grant, on or near the proposed site of those premises); and
(ii)not more than twenty-eight days nor less than fourteen days before the day of the licensing sessions (and, if the licensing justices so require, on some day or days outside that period but within such other period as they may require) advertise notice of the application in a newspaper circulating in the place where the premises to be licensed are situated.
F1Words in Sch. 2 para. 1(a) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 51(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
2A person proposing to apply at transfer sessions for the renewal of a justices’ licence shall give notice in accordance with sub-paragraph (a) of paragraph 1 of this Schedule.
3With the notice given under sub-paragraph (a) of paragraph 1 of this Schedule to the [F1chief executive] to the licensing justices there shall be deposited a plan of the premises to be licensed, if the application is—
(a)for the grant of a new justices’ on-licence or of an ordinary removal of a justices’ on-licence; or
(b)for the provisional grant of a new justices’ off-licence or of an ordinary removal of a justices’ off-licence;
and is not an application made in accordance with section 6(5) of this Act.
F1Words in Sch. 2 para. 3 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 51(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
4A notice under this Schedule—
(a)shall be signed by the applicant or his authorised agent;
(b)shall state the name and address of the applicant and, except in the case of a removal of a licence held by him or of a renewal, his trade or calling during the six months preceding the giving of the notice;
(c)shall state the situation of the premises to be licensed and, in the case of a removal, the premises from which it is sought to remove the licence;
(d)in the case of a new licence, shall state the kind of licence for which application is to be made.
5The notice required by sub-paragraph (a) of paragraph 1 of this Schedule to be given to the proper local authority shall be given—
[F1(a)if the premises to be licensed are [F2in England but] outside Greater London, to the proper officer of the district council, and
[F3(aa)if the premises to be licensed are in Wales, to the proper officer of the county council or county borough council; and]
(b)if the premises to be licensed are in a parish, to the proper officer of the parish council or, where there is no parish council, to the chairman of the parish meeting; and
(c)if the premises are in a community where there is a community council, to the proper officer of that council.]and, in the case of a new licence or a removal, shall also be given to the authority discharging in the area where those premises are situated the functions of fire authority under the M1Fire Services Act 1947.
F1Para. 5(a)–(c) substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 25 para. 6
F2Words in Sch. 2 para. 5(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(6)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
F3Sch. 2 para. 5(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(6)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
M11947 c. 41 (50).
6The [F1chief executive] to the licensing justices shall for each licensing sessions keep a list of the persons giving notice under this Schedule of their intention to apply for the grant of a justices’ licence; and the list shall show the name and address of the applicant, the nature of the application and the situation of the premises to be licensed and for the fourteen days preceding the sessions shall at all reasonable times be open to inspection, by any person on payment of the appropriate fee (if any) and, without payment, by any officer of Customs and Excise.
F1Words in Sch. 2 para. 6 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 51(c) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
7Where the applicant for the grant of a justices’ licence has, through inadvertence or misadventure, failed to comply with the requirements of the preceding paragraphs of this Schedule, the licensing justices may, upon such terms as they think fit, postpone consideration of his application; and, if on the postponed consideration they are satisfied that any terms so imposed have been complied with, they may deal with the application as if the applicant had complied with those requirements.
8On the consideration of an application for a justices’ licence the applicant shall, if so required by the licensing justices, attend in person, and licensing justices may postpone consideration of an application until the applicant does so attend; but he shall not be required to attend in the case of a renewal unless objection is made to the renewal.
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1Sch. 2 para. 9 repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4
Licensing Act 1964