Office of Public Sector Information
PART I continued
(1)A person who proposes to apply for the transfer of a justices’ licence for any premises may apply to justices of the peace acting for the petty sessions area in which the premises are for the grant of an authority, in this Act referred to as a “protection order", to sell intoxicating liquor on the premises, and the justices may grant the protection order if they are satisfied that the applicant is a person to whom the licensing justices could grant a transfer of the licence.
(2)The authority conferred by a protection order in respect of any premises shall be the same as that conferred by the justices’ licence in force (or last in force) for those premises; and, while the order 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 order as if he were the holder of that licence . . . F1
(3)Where—
(a)a justices’ licence for any premises is forfeited for the first time by virtue of a second or subsequent conviction under section 160 of this Act or of a conviction under section 184 thereof, or
(b)a justices’ licence for any premises is forfeited by order of a magistrates’ court made on complaint under section 20(3) of this Act, or
(c)a justices’ licence for any premises is forfeited by order of a court under section [F2169H(2)] of this Act, or
(d)a justices’ licence for any premises is forfeited by virtue of a disqualification order made under section 100 of this Act, or
(e)the holder of a justices’ licence for any premises becomes disqualified for the first time for holding such a licence by reason of being convicted as mentioned in section 9(1) of this Act,
justices of the peace may grant a protection order to any owner of the premises or any other person authorised by an owner of the premises, notwithstanding the forfeiture or the previous licence holder’s disqualification; but not more than one protection order may be granted under this subsection on any such forfeiture or disqualification.
(4)A protection order shall remain in force until the conclusion of the second licensing sessions begun after the date of the order (and until any application made at the sessions for a transfer of the justices’ licence has been disposed of) except that it shall cease to have effect before that time on the coming into force of a justices’ licence granted by way of transfer or removal of the licence for the premises, or the coming into force of a further protection order for the premises.
[F3(5)Where the holder of a justices’ licence has died or has been adjudged bankrupt, or a [F4voluntary arrangement proposed by the holder of a justices’ 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 1914 for the benefit of the creditors of the holder of a justices’ licence, the personal representatives or the person who is for the time being the trustee of the bankrupt’s estate or under the deed or the supervisor of the [F4voluntary arrangement] shall be in the same position as regards carrying on business under the licence as a person to whom a protection order had been validly granted on the date of the death, or, as the case may be, the date on which he became trustee or supervisor.]
F1Words repealed by Finance Act 1967 (c. 54, SIF 63:2), Sch. 16 Pt. I
F2Words in s. 10(3)(c) substituted (23.1.2001) by 2000 c. 30, ss. 2(1), 3(2)
F3S. 10(5) 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)(3)
F4Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14
(1)A protection order may be made for any premises so as to supersede a previous protection order (other than one made under section 10(3) of this Act), if the justices making the order are satisfied that the person granted the previous protection order consents to its being superseded, or that he no longer proposes to apply for a transfer of the licence or is not qualified to do so, or that he is for any reason unable to carry on business under the protection order.
(2)Justices of the peace to whom application is made for a protection order may examine on oath the applicant or any person giving evidence before them.
(3)Justices of the peace shall not grant a protection order unless the applicant has, not less than seven days before the application, given notice in writing to the chief officer of police, signed by the applicant or his authorised agent, and stating his name and address and his trade or calling during the six months preceding the giving of the notice; or, in an urgent case, unless the applicant has given such notice to the police as the justices think reasonable.
(4)Justices of the peace granting a protection order shall cause a memorandum of the order to be endorsed on the licence, or, where a copy of the licence is admissible in evidence, on a copy of the licence; and a majority of the justices shall sign the memorandum or the justices shall cause the clerk to the justices to seal or stamp it with the official seal or stamp of the magistrates’ court of which he is clerk and to verify the seal or stamp by his signature.
(5)A memorandum purporting to be made under subsection (4) of this section shall be received in evidence.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(7)The power of justices of the peace to grant protection orders shall be exercisable by the number of justices, and in the place, required by [F2the M1Magistrates’ Courts Act 1980] for the hearing of a complaint.
F1S. 11(6) repealed by Finance Act 1967 (c. 54), Sch. 16 Pt. I
F2Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5
M11980 c. 43 (82).
(1)In this Act—
“old on-licence" means a justices’ on-licence, other than one for the sale of wine alone . . . F1, granted by way of renewal from time to time of a licence in force on 15th August 1904, or of a licence that before that day had been provisionally granted and confirmed under section 22 of the M1Licensing Act 1874 where the grant and confirmation have been subsequently declared final, except that it does not include a licence varied under section 37 of this Act or granted by way of renewal from time to time of a licence so varied; and
“old beerhouse licence" means an old on-licence for the sale of beer or cider, with or without wine, granted by way of renewal from time to time of a licence for premises for which a corresponding excise licence was in force on 1st May 1869;
no account being taken of any transfer nor, except for the purpose of determining whether a licence is an old beerhouse licence, of any removal.
(2)Subject to any disqualification of the applicant or of the premises to which the application relates, licensing justices shall not refuse an application for the renewal of an old on-licence except on one or more of the following grounds, that is to say—
(a)in the case of an old beerhouse licence, those specified in subsection (3) of this section;
(b)in the case of any other old on-licence, those specified in subsection (4) of this section;
and, in either case, the ground that there has been entered in the register of licences a conviction of bribery or treating made in pursuance of [F2section 168(7) of the Representation of the M2People Act 1983].
(3)The renewal of an old beerhouse licence may be refused on the ground—
(a)that the applicant has failed to produce satisfactory evidence of good character; or
(b)that the house or shop to which the application relates, or any adjacent house or shop owned or occupied by him, is of a disorderly character, or frequented by thieves, prostitutes or persons of bad character; or
(c)that a licence previously held by the applicant for the sale of wine, spirits, beer or cider has been forfeited for his misconduct, or that he has previously been adjudged for his misconduct disqualified for receiving such a licence or for selling wine, spirits, beer or cider.
(4)The renewal of an old on-licence other than an old beerhouse licence may be refused on the ground—
(a)that the applicant is not a fit and proper person to hold the licence; or
(b)that the licensed premises have been ill-conducted or are structurally deficient or structurally unsuitable,
and for the purposes of paragraph (b) of this subsection, premises shall be deemed to have been ill-conducted if, among other things, the holder of the licence has persistently and unreasonably refused to supply suitable refreshment, other than intoxicating liquor, at a reasonable price, or has failed to fulfil any reasonable undertaking given to the justices on the grant of the licence.
(5)Where an application is made for the renewal of an old on-licence and the licensing justices ask the applicant to give an undertaking, they shall adjourn the hearing of the application and cause notice of the undertaking for which they ask to be served on the registered owner of the premises and shall give him an opportunity of being heard.
(6)Licensing justices refusing to renew an old on-licence shall specify to the applicant in writing the grounds of their refusal.
(7)Subsections (2) to (6) of this section shall apply to the transfer of an old on-licence as they apply to the renewal of such a licence, except that the transfer of an old beerhouse licence may also be refused on the ground that the applicant is not a fit and proper person to hold the licence.
F1Words repealed by Finance Act 1967 (c. 54, SIF 63:2), Sch. 16 Pt. I
F2Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 7
M11874 c. 49.
M21983 c. 2 (42).
F1Ss. 13, 14, 15(4), 16–18 repealed with saving by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I
(1)Where application is made for the special removal of an old on-licence from any premises in a licensing district to premises in the same district on the ground—
(a)that the premises for which the licence was granted are or are about to be pulled down or occupied under any Act for the improvement of highways, or for any other public purpose; or
(b)that the premises for which the licence was granted have been rendered unfit for use for the business carried on there under the licence by fire, tempest or other unforeseen and unavoidable calamity;
the provisions of sections 12 . . . F1 of this Act shall apply as they apply to a renewal, subject to the restrictions on removals imposed by Parts VI and VII of this Act and subject to subsections (3) and (4) of this section.
(2)A removal to which those provisions apply as aforesaid is in this Act referred to as a special removal.
(3)In the application of those provisions to the special removal of a licence section 12 of this Act shall have effect as if the words “that the premises to be licensed" were inserted in subsection (4)(b) before the words “are structurally deficient or structurally unsuitable".
(4) . . . F2
(5)Notwithstanding anything in section 6 of this Act, no provisional grant shall be made of a special removal.
(6)Section 8(4) of this Act shall apply in relation to applications for special removals as it applies in relation to applications for transfers.
F1Words repealed with saving by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I
F2Ss. 13, 14, 15(4), 16–18 repealed with saving by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I
F1Ss. 13, 14, 15(4), 16–18 repealed with saving by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I
(1)On an application for the renewal of a justices’ on-licence the licensing justices may require a plan of the premises to be produced to them and deposited with their [F1chief executive], and on renewing such a licence the licensing justices may order that, within a time fixed by the order, such structural alterations shall be made in the part of the premises where intoxicating liquor is sold or consumed as they think reasonably necessary to secure the proper conduct of the business.
(2)The [chief executive] to the licensing justices shall serve on the registered owner of the premises notice of any order made under this section.
(3)Where an order under this section is complied with, licensing justices shall not make a further order under this section within the five years following the first-mentioned order.
(4)If the holder of the licence makes default in complying with an order under this section he shall be guilty of an offence; and he shall be guilty of a further offence for every day on which the default continues after the expiration of the time fixed by the order.
(5)A person guilty of an offence under this section shall be liable to a fine not exceeding [F2level 1 on the standard scale].
(6)The preceding provisions of this section shall apply in relation to a transfer whereby the duration of the licence is extended as they apply in relation to a renewal.
F1Words in s. 19(1)(2) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 37(c) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F2Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
(1)No alteration shall be made to premises for which a justices’ on-licence is in force if the alteration—
(a)gives increased facilities for drinking in a public or common part of the premises; or
(b)conceals from observation a public or common part of the premises used for drinking; or
(c)affects the communication between the public part of the premises where intoxicating liquor is sold and the remainder of the premises or any street or other public way;
unless the licensing justices have consented to the alteration or the alteration is required by order of some lawful authority.
(2)Before considering an application for their consent under this section, the licensing justices may require plans of the proposed alteration to be deposited with their [F1chief executive] at such time as they may determine.
(3)If subsection (1) of this section is contravened, a magistrates’ court may by order on complaint declare the licence to be forfeited or direct that within a time fixed by the order the premises shall be restored to their original condition.
(4)The [F1justices’ chief executive for] the court that makes an order under subsection (3) of this section shall, if he is not the [F1chief executive to] the licensing justices, serve notice of the order on the [chief executive to] the licensing justices; and the [F1chief executive to] the licensing justices shall serve notice of the order on the registered owner of the premises.
(5)A person aggrieved by an order under subsection (3) of this section may appeal to [F2the Crown Court].
(6)In this section—
(a)“public part" means a part open to customers who are not residents or guests of residents; and
(b)“common part" means a part open generally to all residents or to a particular class of them.
F1Words in s. 20(2)(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 38 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F2Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I
(1)Licensing justices may revoke a justices’ licence at any licensing sessions, other than licensing sessions at which an application for renewal of the licence falls to be considered, either of their own motion or on the application of any person.
(2)The power to revoke a justices’ licence under this section is exercisable on any ground on which licensing justices might refuse to renew a justices’ licence or a justices’ licence of that description.
(3)Licensing justices may only exercise the power conferred by this section if, at least twenty-one days before the commencement of the licensing sessions in question, notice in writing of the proposal to exercise the power or, as the case may be, to make the application has been given to the holder of the licence and, in the case of a proposed application, to the [F2chief executive] to the licensing justices, specifying in general terms the grounds on which it is proposed the licence should be revoked.
(4)Evidence given for the purposes of proceedings under this section shall be given on oath.
(5)A decision under this section to revoke a justices’ licence shall not have effect—
(a)until the expiry of the time for appealing against the decison; or
(b)if the decision is appealed against, until the appeal is disposed of.]
F1S. 20A inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s.12(1)
F2Words in s. 20A(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 39 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
(1)Subject to subsection (2) of this section, any person aggrieved by any of the following decisions of licensing justices, that is to say—
(a)a decision granting or refusing to grant a new justices’ licence or an ordinary removal of a justices’ licence;
(b)a decision refusing the renewal, transfer or special removal of a justices’ licence;
(c)a refusal to declare a provisional grant final or to affirm a provisional grant or to give consent, on the application of the holder of a provisional licence, to a modification of plans;
(d)the making of an order under section 19 of this Act;
(e)the refusal of a consent required under section 20 of this Act;
[F1(ee)the revocation of a justices’ licence; or]
(f)any decision as to the conditions of a justices’ on-licence;
may appeal to [F2the Crown Court] against that decision.
(2)A person may not appeal against the grant of a justices’ licence unless he has appeared before the licensing justices and opposed the grant; and no person may appeal against a refusal to attach conditions to a licence or to vary or revoke conditions previously attached, except the person (if any) whose application or request is required for the justices to have jurisdiction to attach or to vary or revoke the conditions.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
[F4(4)Where the holder of a justices’ licence gives notice of appeal against a refusal by the licensing justices to renew that licence [F5or a decision by the licensing justices to revoke it], the licensing justices or [F2the Crown Court] having jurisdiction to hear the appeal may, on such conditions as they think fit, order that the licence shall continue in force until the determination of the appeal notwithstanding that the appeal is not determined until after the date when the licence would otherwise cease to have effect.]
F1S. 21(1) para.(ee) substituted for word “or" by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 3(a)
F2Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I
F3Ss. 21(3), 23(1)(2) repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV
F4S. 21(4) added by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 3
F5Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 3(b)
(1)An appeal under section 21 of this Act shall be commenced by notice of appeal given by the appellant to the [F1chief executive] to the licensing justices within [F2twenty-one days] after the decision appealed against.
(2)On an appeal against the grant of a justices’ licence the applicant for the licence and not the licensing justices shall be respondent, and notice of appeal must be given to him as well as to the [F1chief executive] to the licensing justices.
(3)On an appeal against a refusal to grant a justices’ licence, or against a decision as to conditions given on the grant of a justices’ licence, any person who appeared before the licensing justices and opposed the grant shall be respondent in addition to the licensing justices; . . . F3
[F4(3A)On an appeal against a decision to revoke a justices’ licence, any person on whose application the licence was revoked shall be respondent in addition to the licensing justices.]
(4)On any appeal under section 21 of this Act the [F1chief executive to] the licensing justices shall transmit the notice of appeal to [F5the appropriate officer of the Crown Court], and the appeal shall be entered and notice thereof given by [F5the appropriate officer of the Crown Court], F6. . .; and [F7section 109(1) of the M1Magistrates’ Courts Act 1980] shall apply accordingly with respect to the abandonment of the appeal.
(5)Where a person appears before licensing justices and opposes the grant of a justices’ licence, his name and address shall be recorded by the clerk to the licensing justices and, in the event of an appeal against a refusal of the grant or against a decision as to conditions given on the grant, shall be transmitted to the [F1chief executive] of the peace with the notice of appeal.
(6)Where the same application to licensing justices gives rise to more than one appeal to [F8the Crown Court], [F8the Crown Court] may give such directions as they think fit for the appeals to be heard together or separately, and where two or more appeals are heard together, [F8the Crown Court] may deal with the costs of the appeals, so far as those costs are in their discretion, as if they were a single appeal.
(7)A justice shall not act in the hearing or determination of an appeal under section 21 of this Act from any decision in which he took part.
F1Words in s. 22(1)(2)(4)(5) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 40 (with Sch. 14 para. 36(9)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F2Words substituted by virtue of S.I. 1982/1109, Sch. 3 Pt. II para. 3
F3Words repealed by S.I. 1971/1292, Sch. 3
F4S. 22(3A) inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 4
F5Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. I
F6Words in s. 22(4) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with Sch. 14 para. 36(9)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F7Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 45
F8Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I
M11980 c. 43 (82).
(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)The judgment of [F2the Crown Court] on any such appeal shall be final.
[F3(4)Where the Crown Court allows an appeal against the revocation of a justices’ licence which has been continued in force under section 21(4) of this Act, it may order that the licence shall further continue in force until the date of the next licensing sessions for the district in which the licence is granted.]
Licensing Act 1964