Office of Public Sector Information
PART I continued
(1)Where—
(a)an appeal under section 21 of this Act, other than an appeal against the grant of a justices’ licence, is allowed, or
(b)quarter sessions have, . . . F1, awarded costs against the appellant and are satisfied that the licensing justices cannot recover those costs from him,
the court shall order payment out of [F2central funds] of such sums as appear to the court sufficient to indemnify the licensing justices from all costs and charges whatever to which they have been put in consequence of the appellant’s notice of appeal.
(2)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
F1Words repealed by S.I. 1971/1292, Sch. 3
F2Words substituted by Courts Act 1971 (c. 23, SIF 37), Sch. 6 para. 7
F3S. 25(2)—(4) repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. III
(1)Subject to the following provisions of this section and to sections 27, 133(3) and 142(3) of this Act, a justices’ licence—
[F1(a)if granted before 5th January 1989, shall be granted to have effect from the time of the grant until 4th April 1989;
(b)if granted after 4th January and before 5th April 1989, shall be granted to have effect from the time of the grant until 4th April 1992; and
(c)if granted after 4th April 1989, shall be granted to have effect from the time of the grant until the expiry of the current licensing period or, if granted in the last three months of that period, until the end of the next licensing period;
but shall be superseded on the coming into force of a licence granted by way of renewal, transfer or removal of it.]
(2)A justices’ licence granted by way of transfer or removal may be granted to have effect from a time specified in the grant (not being earlier, where it is granted before the coming into force of the licence transferred or removed, than the time of the coming into force of that licence).
(3)In the case of a licence granted provisionally, subsection (1) of this section shall apply as if the licence were granted at the time when it is declared final, but a transfer of such a licence may be granted so as to have effect for the purpose of superseding that licence from a date before it is declared final, and, if so granted, shall as regards its duration and coming into force be subject to the same provisions as if it were the licence transferred.
(4)Where on the renewal or transfer of a licence the licensing justices attach new conditions (whether in addition to or in substitution for any conditions previously attached) the justices may, on such terms as they think just, suspend the operation of those conditions in whole or in part pending the determination of any appeal against the decision to attach them or pending the consideration of the question of bringing such an appeal.
[F2(5)In this Act “licensing period" means a period of three years beginning with 5th April 1989 or any triennial of that date.]
F1S. 26(1) paras. (a)(b)(c) and words substituted for paras. (a)(b) by Licensing Act 1988 (c. 17, SIF 68A:1), s. 11(1)
F2S. 26(5) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 11(1)(b)
(1)The provisions of this section shall have effect where on an application to licensing justices for the grant of a new justices’ licence, or for the grant of a licence by way of ordinary removal of a justices’ licence, a person appears before the licensing justices and opposes the grant, but the justices grant the licence.
(2)Until the expiry of the time for bringing an appeal against the grant and, if such an appeal is brought, until the appeal has been disposed of,—
(a)the licence granted shall not come into force;
(b)where the grant is by way of ordinary removal and the licence which it is sought to remove is in force at the time of the grant, the licence shall not expire unless the licensing justices otherwise direct.
(3)If on appeal the grant is confirmed or if the appeal is abandoned, the time when the appeal is disposed of shall be substituted for the time of the grant for the purpose of determining the period for which the licence is to have effect, and [F1the Crown Court] shall (if need be) amend the licence accordingly.
(4)If there is an appeal against the grant of an ordinary removal, and the licence which it is sought to remove is in force on the day when notice of appeal is given to the applicant for the removal, then—
(a)he may within seven days of that day give notice in writing to [F2the appropriate officer of the Crown Court] of his desire that the expiry of that licence shall be postponed for a specified period (not exceeding three weeks) after the appeal is disposed of, and if he does so, subsection (2) of this section shall apply until the expiry of that period;
(b)whether or not he gives such a notice, [F1the Crown Court], if they confirm the grant and if he so requests, may by their order direct that that subsection shall continue to apply for such further period as they think fit;
(c)if [F1the Crown Court] refuse to confirm the grant, and at the time of their decision it is too late to renew that licence at the general annual licensing meeting at which it was due for renewal, then—
(i)the holder of the licence shall be treated as having had reasonable cause for not applying for renewal at that meeting, and the licence may be renewed at transfer sessions accordingly; and
(ii)if notice has been given under paragraph (a) of this subsection, and within the period for which the licence is continued in force by that paragraph notice is given to the [F3chief executive] to the licensing justices of an application for the renewal of the licence at the first licensing sessions held not less than twenty-one days after the notice is given, the licence shall not expire until the application is disposed of or those sessions end without its being made.
F1Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I
F2Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. I
F3Words in s. 27(4)(c)(ii) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 41 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F1Words in the heading inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 42(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
(1)The clerk to the justices acting for a petty sessions area shall be clerk to the licensing justices for the licensing district consisting of that area.
(2)[F2Section 141(2) of the M1Magistrates’ Courts Act 1980] (which provides for the case where there is more than one clerk to the justices for a petty sessions area) shall apply for the purposes of subsection (1) of this section as it applies for the purposes of that Act.
(3)A clerk to licensing justices shall not himself or by his partner or clerk act as solicitor to, or agent for, any person—
(a)at any licensing sessions; or
(b)before justices of the peace [F3or the Crown Court] in proceedings under this Act, the M2Licensing Act 1872, or the M3Licensing Act 1902;
and any person who contravenes this subsection shall be liable to a fine not exceeding [F4level 3 on the standard scale].
(4)Where the clerk to licensing justices for any district was appointed before 1st April 1953, nothing in the preceding subsection shall prohibit him from acting at a licensing sessions for another licensing district or before justices acting for a petty sessions area other than that licensing district, or from preparing notices or forms.
[(5)The justices’ chief executive for a petty sessions area shall be chief executive to the licensing justices for the licensing district consisting of that area.]
F1Words in the sidenote and s. 28(5) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 42 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F2Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 46
F3Words inserted by Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. II para. 42(1)
F4Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
C1S. 28(3) amended (01.01.1992) by S.I. 1991/2684, arts. 2, 4, Sch. 1
M11980 c. 43 (82).
M21872 c. 94 (68A:1).
M31902 c. 28 (68A:1).
(1)Subject to subsection (3) of this section, there may be charged by justices’ [F1chief executives] in respect of matters arising under this Act such fees as may be provided for by order of the Secretary of State and no others.
(2)This section shall apply to the fees chargeable in any [F2court of a District Judge (Magistrates’ Courts)], and to those chargeable by a justices’ [F3chief executive] acting as [F3chief executive] to licensing justices or in any other capacity, as it applies to fees chargeable by a justices’ [F3chief executive] acting as such.
(3)This section shall not affect the court fees chargeable (under [F4the Magistrate’s Courts]M1Act 1980 or otherwise) in connection with prosecutions or with the enforcement of orders of a magistrates’ court, nor the fees chargeable by a justices’ [F5chief executive] acting as secretary to a licensing planning committee.
(4)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F1Words in s. 29(1) substituted (1.4.2001) by S.I. 2001/618, art. 2(2)(a)
F2Words in s. 29(2) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 17 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)
F3Words in s. 29(2) substituted (1.4.2001) by S.I. 2001/618, art. 2(2)(b)
F4Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5
F5Words in s. 29(3) substituted (1.4.2001) by S.I. 2001/618, art. 2(2)(c)
C1S. 29 extended by Licensing (Occasional Permissions) Act 1983 (c. 24, SIF 68A:1), s. 4(2)(b)
M11980 c. 43 (82).
(1)The [F1chief executive] to the licensing justices for a licensing district shall keep a register of licences in such form as the justices may prescribe, containing particulars of all justices’ licences granted in the district, the premises for which they were granted, the names of the owners of those premises, and the names of the holders of the licences.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Licensing justices may cause a register of licences to be divided into parts and assign a part of the register to any part of their licensing district.
(4)A register of licences shall be received in evidence of the matters required by this or any other Act to be entered in it, and any document purporting to be certified by a [F1chief executive] to licensing justices to be a true copy of an entry in the register of licences kept by him shall be received in evidence of any such matters contained in the entry.
(5) . . . F3
F1Words in s. 30(1)(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 43 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F2S. 30(2) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V (7) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F3S. 30(5) repealed by Finance Act 1983 (c. 28, SIF 40), s. 9(1), Sch. 10 Pt. I
(1)The [F1chief executive] to the licensing justices shall enter in the register of licences, in such form as may be prescribed by the Secretary of State, notice of any conviction of the holder of a justices’ licence of an offence committed by him as such, including an offence against the provisions of any Act relating to the adulteration of drink; and the [F1justices’ chief executive for] the court before whom the holder of a justices’ licence is so convicted shall, if he is not the [F1chief executive] to the licensing justices, forthwith send notice of the conviction to [F1him].
(2)The [F1chief executive] to the licensing justices shall enter in the register of licences any forfeiture of a justices’ licence granted in the licensing district, any disqualification of premises under any enactment [F2, any closure order under section 179A of this Act in relation to premises, any order under section 179B(3)(b) of this Act in relation to premises] and any other matter relating to the licences in the register.
(3)The provisions of this and the preceding section shall be in addition to those of any other enactment requiring entries to be made in the register of licences.
F1Words in s. 31(1)(2) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 44 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F2Words in s. 31(2) inserted (1.12.2001) by 2001 c. 16, s. 18(1); S.I. 2001/3736, art. 2
(1)Every person applying for a new justices’ licence, or the renewal of a justices’ licence, shall state the name of the person for the time being entitled to receive, either on his own account or as mortgagee or other incumbrancer in possession, the rack-rent of the premises for which the licence is granted; and the [F1chief executive] to the licensing justices shall enter that name in the register of licences as the name of an owner of the premises, and endorse the name on the licence.
(2)The [F1chief executive] to the licensing justices shall also, on the application of any person whose name is not entered under the preceding subsection, and who has an estate or interest in the premises, whether as owner, lessee or mortgagee, prior or paramount to that of the occupier, enter that person’s name in the register of licences as an owner of the premises.
Where any such estate or interest is vested in two or more persons jointly, one only of those persons shall be registered as representing that estate or interest.
(3)Any reference in this Act to the registered owner of premises shall be construed as a reference to any person whose name is for the time being entered in the register of licences under this section.
F1Words in s. 32(1)(2) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 45 (with Sch. 7 para.7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
(1)Where the conviction of the holder of a justices’ licence is entered in the register of licences under section 31(1) of this Act, the [F1chief executive] to the licensing justices shall serve notice of the conviction on the registered owner of the premises.
(2)A notice served under subsection (1) of this section shall, if served by post, be served by registered post or recorded delivery service; and for the purposes of [F2section 7 of the M1Interpretation Act 1978] a letter containing the notice shall be deemed to be properly addressed if it is addressed to any place that the owner has specified to the [F1chief executive] as his address, or, if the owner has not specified any place, to any place that the [F1chief executive] believes to be the owner’s address.
(3)Where the conviction of the holder of a justices’ licence involves the disqualification of the licensed premises, the court before which the conviction takes place shall cause notice of the disqualification to be served on any registered owner of the premises who is not the occupier.
F1Words in s. 33(1)(2) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 46 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F2Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(2)
M11978 c. 30(115:1).
(1)The following persons shall be entitled at any reasonable time to inspect the register of licences for a licensing district on payment of the fee chargeable, that is to say—
(a)any person rated in respect of a hereditament in the district;
(b)any owner of licensed premises situated in the district;
(c)any holder of a justices’ licence granted in the district.
(2)Any constable or any officer of Customs and Excise shall, without payment, be entitled at any reasonable time to inspect the register of licences.
(3)If the [F1chief executive] to the licensing justices or any other person refuses inspection of the register of licences under this section or obstructs any person attempting to inspect the register under this section or receives or demands any unauthorised charge for permitting the register to be inspected under this section, he shall be liable to a fine not exceeding [F2level 1 on the standard scale].
F1Words in s. 34(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 47 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
On an application for the grant of a justices’ licence the licensing justices shall have regard to any entries in the register of licences relating to the person by whom, or the premises for which, the licence is to be held.
(1)Any document purporting to be a justices’ licence and—
(a)to be signed by the majority of the justices present when the licence was granted, or
(b)to be sealed or stamped with an official seal or stamp affixed or impressed under the authority of the licensing justices and to contain a certificate signed by the clerk to the licensing justices verifying that authority,
shall be received in evidence.
(2)Any document purporting to be a copy of a justices’ licence certified under the hand of the clerk to the licensing justices by whom the licence was granted to be a true copy shall be received in evidence—
(a)by licensing justices on an application for the renewal, transfer or removal of the licence, and
(b)by justices of the peace on an application for a protection order,
if the justices are satisfied by evidence that the original has been lost or unlawfully withheld.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1S. 36(3) repealed by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), Sch. Pt. I
F2S. 36(4) repealed by Finance Act 1967 (c. 54), Sch. 16 Pt. I
(1)Subject to sections 112(4) and 123(3) of this Act, on an application by the holder of a justices’ on-licence [F1to which this section applies], or on the renewal or transfer of [F2such a licence] and at the request of the person applying for the renewal or transfer, the licensing justices, if satisfied that the application or request is made with the consent of the registered owner, shall vary the licence so as to add to the descriptions of intoxicating liquor authorised to be sold on the licensed premises.
(2)On the variation of a licence under this section the licensing justices shall have the like power to attach conditions as they would have if they were granting the licence (with the variation) as a new justices’ on-licence, and any conditions attached may be in addition to or in substitution for any conditions previously attached to the licence.
[F3(3)This section applies to any justices’ on-licence granted by way of renewal from time to time of a licence in force on or before 3rd August 1961, no account being taken of any transfer or removal.]
F1Words inserted by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1) s. 1(1)(3) except in relation to any application made under section 37 before the end of the period of one month beginning with 17.7.1980
F2Words substituted by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1) s. 1(1)(3) except in relation to any application made under section 37 before the end of the period of one month beginning with 17.7.1980
F3S. 37(3) added by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1) s. 1(2)(3) except in relation to any application made under section 37 before the end of the period of one month beginning with 17.7.1980
F1S. 38 repealed with saving by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I
Licensing Act 1964