Office of Public Sector Information
F1Schs. 3, 4 repealed with saving by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I
Sections 3, 71.
1The application shall specify the name, objects and address of the club, and shall state that there is kept at that address a list of the names and addresses of the members.
2The application shall state, in terms of subsections (1) and (2) of section 41 of this Act, that the club is qualified under those subsections to receive a registration certificate for the premises, or will be so qualified if, as regards any provision of the rules specified in the application, the court sees fit to give a direction under section 42(2) of this Act.
3The application shall set out, or shall incorporate a document annexed which sets out, the names and addresses of the members of any committee having the general management of the affairs of the club, and those of the members of any other committee concerned with the purchase for the club or with the supply by the club of intoxicating liquor, and those of other officers of the club.
4(1)The application shall state, or shall incorporate a document annexed which states, the rules of the club or, in the case of an application for renewal, the changes in the rules made since the last application for the issue or renewal of the certificate.
(2)If, in the case of an application for renewal, there has been no such change as aforesaid, the application shall so state.
5The application shall—
(a)identify the premises for which the issue or renewal of the registration certificate is sought; and
(b)state that those premises are or are to be occupied by and habitually used for the purposes of the club, the times at which they are or are to be open to members and the hours (if any) fixed by or under the rules of the club as the permitted hours there; and
(c)state the interest held by or in trust for the club in those premises and, if it is a leasehold interest or if the club has no interest, the name and address of any person to whom payment is or is to be made of rent under the lease or otherwise for the use of the premises.
6(1)The application shall give, or shall incorporate a document annexed which gives—
(a)particulars of any property not comprised in paragraph 5 of this Schedule which is or is to be used for the purposes of the club and not held by or in trust for the club absolutely, including the name and address of any person to whom payment is or is to be made for the use of that property;
(b)particulars of any liability of the club in respect of the principal or interest of moneys borrowed by the club or charged on property held by or in trust for the club, including the name and address of the person to whom payment is or is to be made on account of that principal or interest;
(c)particulars of any liability of the club or of a trustee for the club in respect of which any person has given any guarantee or provided any security, together with particulars of the guarantee or security given or provided, including the name and address of the person giving or providing it.
(2)An application for renewal, or document annexed to it, may give the particulars required by this paragraph by reference to the changes (if any) since the last application by the club for the issue or renewal of the registration certificate.
(3)If there is no property or liability of which particulars are required by any paragraph of sub-paragraph (1) of this paragraph, the application shall so state.
(4)In this paragraph, “liability" includes a future or contingent liability.
7(1)The application shall give, or shall incorporate a document annexed which gives, particulars of any premises not comprised in paragraph 5 of this Schedule, which have within the preceding twelve months been occupied and habitually used for the purposes of the club, and shall state the interest then held by or in trust for the club in those premises and, if it was a leasehold interest or if the club had no interest, the name and address of any person to whom payment was made of rent under the lease or otherwise for the use of the premises.
(2)If there are no premises of which particulars are required by this paragraph, the application shall so state.
8Where the interest held by or in trust for the club in any land of which particulars are required by paragraph 5, 6 or 7 of this Schedule is or was a leasehold interest, and the rent under the lease is not or was not paid by the club or the trustees for the club, the application shall state the name and address of the person by whom it is or was paid.
1(1)An application by a club for the issue, renewal or variation of a registration certificate shall be made by lodging the application, together with the number of additional copies required under paragraph 4 of this Schedule, with the [F1chief executive] to the justices.
(2)The court may, on such conditions as the court thinks fit, allow such an application to be amended.
(3)An amended application shall be made by lodging with the [F1chief executive] to the justices the original application or the relevant parts of it altered so as to show the amendments, together with the number of additional copies required under paragraph 4 of this Schedule.
F1Words in Sch. 6 para. 1(1)(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 52(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
2A registration certificate shall be surrendered by lodging with the [F1chief executive]to the justices a notice of surrender, together with the certificate and such number of additional copies of the notice as is required under paragraph 4 of this Schedule.
F1Words in Sch. 6 para. 2 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 52(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
3(1)Any such application or amended application and any such notice shall be signed by the chairman or by the secretary of the club.
(2)In the absence of objection the court shall not require proof that an application or amended application purporting to be so signed is duly signed.
4On receipt of any such application or amended application or of any such notice the [F1chief executive to] the justices shall forthwith send a copy to any chief officer of police concerned and to the clerk of any local authority concerned, and the number of additional copies required to be lodged with the [F1chief executive is]the number necessary to provide the copies the [F1chief executive needs] for this purpose.
F1Words in Sch. 6 para. 4 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 52(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
5A club applying for the issue of a registration certificate for any premises, or for the renewal of a registration certificate in respect of different, additional or enlarged premises, shall give public notice of the application (identifying those premises and giving the name and address of the club) either—
(a)by displaying the notice on or near the premises, in a place where it can conveniently be read by the public, for the seven days beginning with the date of the application; or
(b)by advertisement on one at least of those days in a newspaper circulating in the place where the premises are situated.
6(1)Subject to sub-paragraph (2) of this paragraph, an objection to an application for the issue or renewal of a registration certificate shall be made by lodging with the [F1chief executive] to the justices two copies in writing of the objection not later than twenty-eight days after the making of the application or, if the application is amended, after the making of the amended application.
(2)If a magistrates’ court extends the time allowed under section 45 of this Act to the chief officer of police, fire authority or local authority for inspecting premises to which the application relates, that court shall also extend the time in which the chief officer or authority may make objections to the application.
F1Words in Sch. 6 para. 6(1) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 52(4) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
7On receipt of an objection to an application for the issue or renewal of a registration certificate the [F1chief executive] to the justices shall forthwith send a copy to the person signing the application at any address furnished by him for communications relating to the application or, in default of such an address, at the address given in the application as that of the club.
F1Words in Sch. 6 para. 7 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 52(4) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
8Paragraphs 6 and 7 of this Schedule shall apply in relation to any notice of intention, on an application for the issue, renewal or variation of a registration certificate, to make representations as to conditions relating to the sale of intoxicating liquor as they apply to objections to an application for the issue or renewal of a registration certificate (with the substitution of references to giving the notice for references to making the objection).
9Where any such objection is made or any such notice is given, the magistrates’ court may make such order as it thinks just and reasonable for the payment of costs to the club by the person making the objection or giving the notice or by the club to that person; and for purposes of enforcement the order shall be treated as an order for the payment of a sum enforceable as a civil debt.
10Where a club applies for a renewal of a registration certificate and the magistrates’ court under paragraph 6(2) of this Schedule extends the time for any person to make objection to the application, the court may order that the certificate to be renewed shall not continue in force by virtue of section 40(5) of this Act beyond a date specified in the order.
11(1)Subject to sub-paragraph (2) of this paragraph, an objection to an application for the issue or renewal of a registration certificate shall specify the ground of objection with such particulars as are sufficient to indicate the matters relied on to make it out.
(2)Where objection is made to an application for the issue or renewal of a registration certificate on the ground that the application does not give the information required by this Act, or the information is incomplete or inaccurate, or the application is otherwise not in conformity with this Act, it shall be sufficient for the objection to state the ground as a matter of suspicion, and to indicate the reasons for the suspicion.
12Where, on an objection to an application for the issue or renewal of a registration certificate, there appears to the court to be good reason to suspect that the application does not give the information required by this Act, or that the information is incomplete or inaccurate, or the application is otherwise not in conformity with this Act, it shall be for the applicant to satisfy the court that the ground of objection cannot be made out, unless the applicant desires and is permitted to amend the application so as to remove the ground of objection.
13(1)A summons issued on a complaint made against a club for the cancellation or variation of a registration certificate shall be served on the chairman or secretary of the club or the person who signed the last application for the issue or renewal of the certificate, and that service shall be treated as service on the club.
(2)Any such summons shall, in addition to being served on the club, be served on such persons, if any, as the justices issuing the summons may direct.
14Where it appears to a magistrates’ court having jurisdiction to deal with any such complaint that the summons cannot be served on the club in accordance with paragraph 13 of this Schedule, or not without undue difficulty or delay, the court may order that service on the club may be effected by serving the summons on a person named in the order, being a person who appears to the court to have, or to have had, an interest in the club, or to be, or to have been, an officer of the club.
15A complaint may be made against a club for the cancellation of a registration certificate on the ground that the club has not twenty-five members, notwithstanding that the complainant’s case is that the club does not exist.
16(1)A magistrates’ court may deal with an application by a club for the issue, variation or renewal of a registration certificate without hearing the club, but—
(a)before refusing such an application, or renewing a registration certificate for a shorter time than is requested in the application, shall give the club an opportunity to be heard; and
(b)before renewing a registration certificate for a longer period than one year, may invite any chief officer of police or local authority concerned to make representations.
(2)In relation to any such application [F1subsections (1) and (3) of section 97 and section 121 of the M1Magistrates’ Courts Act 1980] shall apply as they apply in relation to a complaint.
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 50(a)
M11980 c. 43 (82).
17On any application or complaint made to a magistrates’ court by or against a club under Part II of this Act, and on any appeal by a club under section 50 of this Act, the club, if not represented by counsel or a solicitor, shall be heard by the chairman or secretary, by any member of the committee having the general management of the affairs of the club or by any officer of the club duly authorised.
18This Schedule, in so far as it relates to matters about which there is power to make rules under [F1section 144 of the Magistrates’ Courts Act 1980, shall have effect subject to any rules so made and to any rules made under section 15 of the Justices of the M1Peace Act 1949 (which was re-enacted in the said section 144) after 3rd August 1961].
Licensing Act 1964