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C1Pt. III (ss. 59–92) restricted by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), ss. 3(1)(a), 9(6)
(1)Subject to the provisions of this Act, no person shall, except during the permitted hours—
(a)himself or by his servant or agent sell or supply to any person in licensed premises or in premises in respect of which a club is registered any intoxicating liquor, whether to be consumed on or off the premises; or
(b)consume in or take from such premises any intoxicating liquor.
(2)If any person contravenes this section he shall be liable to a fine not exceeding [F1level 3 on the standard scale].
(3)This section does not apply in relation to intoxicating liquor sold under an occasional licence.
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
C1S. 59 excluded (14.10.1994) by S.I. 1994/2478, art. 4
C2S. 59(1)(a) excluded by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), ss. 3(10), 9(6)
C3S. 59(1)(b) excluded by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), ss. 3(11), 9(6)
(1)Subject to the following provisions of this Part of this Act [F1and the Regulatory Reform (Special Occasions Licensing) Order 2001], the permitted hours in licensed premises shall be—
(a)on weekdays, other than Christmas Day [F2, Good Friday or New Year’s Eve, or 3rd June 2002], the hours from eleven in the morning to [F3eleven] in the evening, . . . F4; and
[F5(b)on Sundays, other than Christmas Day [F6or New Year’s Eve], and on Good Friday, the hours from twelve noon to half past ten in the evening; F7. . .
(c)on Christmas Day, the hours from twelve noon to half past ten in the evening, with a break of four hours beginning at three in the afternoon.][F8and
(d)on any New Year’s Eve and on 3rd June 2002, the hours set out in article 3 of the Regulatory Reform (Special Occasions Licensing) Order 2001]
(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(4)The licensing justices for any licensing district, if satisfied that the requirements of the district make it desirable, may by order modify for the district the hours specified in subsection (1)(a) of this section, [F10so that the permitted hours begin at a time earlier than eleven, but not earlier than ten, in the morning].
(5)In this Act “the general licensing hours" means, in relation to any licensing district, the hours specified in paragraphs [F11(a) to (c)] of subsection (1) of this section, with any modification applying in the district by virtue of [F12subsection] (4) of this section.
(6)In premises licensed for the sale of intoxicating liquor for consumption off the premises only the permitted hours on weekdays, other than Christmas Day F13. . ., shall begin at . . . F14 eight in the morning . . . [F16F15and the permitted hours on Sundays, other than Christmas Day, shall begin at ten in the morning]
(7)References in this Act to the permitted hours shall, except in so far as the context otherwise requires, be construed in relation to any licensed premises where the permitted hours are restricted by any conditions attached to the licence, as referring to the hours as so restricted.
F1Words in s. 60(1) inserted (7.12.2001) by S.I. 2001/3937, art. 2(2)
F2Words in s. 60(1)(a) substituted (7.12.2001) by S.I. 2001/3937, art. 2(3)
F3Word substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 1(1)(a)
F4Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), ss. 1(1)(b), 19, Sch. 4
F5S. 60(1)(b)(c) substituted for s. 60(1)(b) (6.8.1995) by 1995 c. 33, s. 1(2);S.I. 1995/1930, art. 2
F6Words in s. 60(1)(b) inserted (7.12.2001) by S.I. 2001/3937, art. 2(4)(a)
F7Word in s. 60(1)(b) omitted (7.12.2001) by virtue of S.I. 2001/3937, art. 2(4)(b)
F8S. 60(1)(d) and the prededing word inserted (7.12.2001) by S.I. 2001/3937, art. 2(5)
F9S. 60(2)(3) repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4
F10Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 1(3)
F11Words in s. 60(5) substituted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 3; S.I. 1995/1930, art. 2
F12Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 1(7), Sch. 1 para. 2
F13Words in s. 60(6) repealed (6.8.1995) by 1995 c. 33, ss. 1(3), 4(2), Sch. 2; S.I. 1995/1930, art. 2
F14Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), ss. 1(4), 19, Sch. 4
F15Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4
F16Words in s. 60(6) inserted (6.8.1995) by 1995 c. 33, s. 1(3); S.I. 1995/1930, art. 2
C1S. 60(4)(5) applied (with modifications) (7.12.2001) by S.I. 2001/3937, art. 3(2)
(1)The power of licensing justices to make orders under [F1subsection] (4) of section 60 of this Act shall be exercised by them at their general annual licensing meeting in accordance with such procedure as may be prescribed by rules made by the Secretary of State.
(2)An order under [F2that subsection] may make different provisions for different periods of the year or for different weekdays in every week of the year or of any such period, or may make provision to take effect for particular periods only, or for particular weekdays in every week of the year or of any such period, but no alteration of the general licensing hours shall take effect within eight weeks of another.
(3)The power of licensing justices to make an order under [F2that subsection] shall include power to vary or revoke an order so made by a subsequent order.
(4)An order made under [F2that subsection] shall be published in such manner as the Secretary of State may direct.
(5)A document purporting to be an order made by licensing justices under [F2that subsection] and to be issued by them shall be received in evidence.
F1Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), ss. 1(7), Sch. 1 para. 3(a)
F2Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 1(7), Sch. 1 para. 3(b)
[F1(1)The permitted hours in premises in respect of which a club is registered shall be—
[F2(a)on days other than Christmas Day, the general licensing hours;]
(b)on [F3Christmas Day,], the hours fixed by or under the rules of the club in accordance with the following conditions—
(i)the hours fixed shall not be longer than [F4six] and a half hours and shall not begin earlier than twelve noon nor end later than half past ten in the evening;
(ii)there shall be a break in the afternoon of not less than two hours which shall include the hours from three to five; and
(iii)there shall not be more than three and a half hours after five.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(3)Written notice (signed by the chairman or secretary of the club) of the hours [F6on Christmas Day] fixed as the permitted hours for any club premises by or under the rules of the club shall be given to the [F7chief executive] to the justices for the petty sessions area in which the premises are; and no decision fixing those hours shall be effective until notice is so given, but the hours previously fixed and notified, if any, shall continue to apply.
F1S. 62(1) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 1(5)
F2S. 62(1)(a) substituted (6.8.1995) by 1995 c. 33, s. 2(1)(a); S.I. 1995/1930, art. 2
F3Words in s. 62(1)(b) substituted (6.8.1995) by 1995 c. 33, s. 2(1)(b); S.I. 1995/1930, art. 2
F4Word substituted by Licensing (Amendment) Act 1989 (c. 20, SIF 68A:1), s. 1
F5S. 62(2) repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4
F6Words in s. 62(3) substituted (6.8.1995) by 1995 c. 33, s. 2(2); S.I. 1995/1930, art. 2
F7Words in s. 62(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 50 (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
(1)Where any intoxicating liquor is supplied in any premises during the permitted hours, section 59 of this Act does not prohibit or restrict—
(a)during the first [F1twenty minutes] after the end of any period forming part of those hours, the consumption of the liquor on the premises, nor, unless the liquor was supplied or is taken away in an open vessel, the taking of the liquor from the premises;
(b)during the first half hour after the end of such a period, the consumption of the liquor on the premises by persons taking meals there, if the liqour was supplied for consumption as an ancillary to their meals.
(2)Section 59 of this Act does not prohibit or restrict—
(a)the sale or supply to, or consumption by, any person of intoxicating liquor in any premises where he is residing;
(b)the ordering of intoxicating liquor to be consumed off the premises, or the despatch by the vendor of liquor so ordered;
(c)the sale of intoxicating liquor to a trader for the purposes of his trade, or to a registered club for the purposes of the club; or
(d)the sale or supply of intoxicating liquor to any canteen or mess.
(3)Section 59 of this Act does not prohibit or restrict as regards licensed premises—
(a)the taking of intoxicating liquor from the premises by a person residing there; or
(b)the supply of intoxicating liquor for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of intoxicating liquor by persons so supplied; or
(c)the supply of intoxicating liquor for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
(4)In subsection (2) of this section, as it applies to licensed premises, and in subsection (3) of this section, references to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
F1Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 2
C1S. 63(2)(b) excluded by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), ss. 3(1)(b), 9(6)
(1)The licensing justices for any licensing district, if satisfied that the requirements of the district make it desirable, may at the request of the person applying for the grant of a justices’ on-licence, or on an application by the holder of such a licence, insert in the licence a condition that, during such part or parts of the year as may be specified in the condition, there shall be no permitted hours in the premises.
(2)A licence in which such a condition is inserted is in this Act referred to as a seasonal licence.
(3)Licensing justices may vary or revoke such a condition either on an application by the holder of the licence or on the renewal, transfer or removal of the licence and at the request of the person applying for the renewal, transfer or removal.
(1)Licensing justices shall, at the request of the person applying for the grant of a justices’ on-licence [F1, or on an application by the holder of such a licence,], insert in the licence—
(a)a condition that on Sundays there shall be no permitted hours in the premises; or
(b)a condition that the permitted hours shall end one hour earlier in the evening than the general licensing hours.
(2)A licence in which a condition is inserted under subsection (1) of this section is in this Act referred to as a six-day licence if the condition is as mentioned in paragraph (a), and as an early-closing licence if the condition is as mentioned in paragraph (b) of that subsection.
[F2(3)Licensing justices shall revoke a condition inserted under subsection (1) of this section in an application by the holder of the licence requesting them to do so.]
F1Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 7(a)
F2S. 65(3) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 7(b)
(1)There shall be no permitted hours on any Sunday in licensed premises in Wales and Monmouthshire, except in a [F1county or county borough] in which this subsection does not apply.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)If the local government electors for a [F3county or county borough] in which subsection (1) of this section applies determine by a majority, on a poll held in accordance with this and the next following section, that that subsection shall not apply, it shall not apply in that [F3county or, as the case may be, county borough]; and if the local government electors for a [F3county or county borough] in which that subsection does not apply determine by a majority on a poll so held that that subsection shall apply, it shall apply in that [F3county or, as the case may be, county borough].
(4)There shall be no poll under this section for a [F4county or county borough], unless it is requisitioned by not less than five hundred local government electors for the [F4county or county borough], and a requisition shall not be effective unless—
(a)it is contained in one or more requisition papers in the form in the appendix to Schedule 8 to this Act, signed by the requisitioning electors and giving the particulars of them required by that form; and
(b)the requisition papers are delivered to the [F5proper officer of the [F6county council or, as the case may be, county borough council]] within the two months following 3rd August [F71996], or within the same period seven or any multiple of seven years thereafter, and each requisition paper is accompanied by a statutory declaration verifying the signatures on it or by two or more statutory declarations between them verifying those signatures.
(5)Subject to subsection (6) of this section, the date for a poll under this section in any year shall be the same for all [F8counties and county boroughs] and shall be such day as the Secretary of State may direct, being not more than six weeks after the end of the period allowed under subsection (4) of this section for delivering requisition papers for the poll.
(6)If polling day at a general election for Parliament falls within the eight weeks after the end of the period allowed under subsection (4) of this section for delivering requisition papers, the date for the poll under this section may be more than six, but not more than twelve, weeks after the end of that period, and if Parliament is dissolved after the date has been fixed by a direction under subsection (5) of this section, the Secretary of State may revoke that direction and give a new direction fixing a later date.
(7)On receipt of a requisition for a poll under this section the [F5proper officer of the [F9county council or county borough council]] shall forthwith notify the Secretary of State, and after satisfying himself that the requisition complies with subsection (4) of this section (for which purpose he shall assume that the papers are signed by the persons by whom they purport to be signed) shall as soon as may be give public notice in the [F9county or county borough] in such manner as he thinks sufficient of the holding of the poll, and if the date for the poll is afterwards altered under subsection (6) of this section shall again give public notice accordingly.
F1Words in s. 66(1) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(a)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
F2S. 66(2) repealed (1.4.1996) by 1994 c. 19, ss. 66(6)(8), Sch. 16 para. 22(2)(b), Sch. 18(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
F3Words in s. 66(3) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(c)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4 Sch. 2
F4Words in s. 66(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(d)(ii)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4 Sch. 2
F5Words substituted by the Local Government ACt 1972 (c. 70, SIF 81:1) Sch. 25, para. 3
F6Words in s. 66(4) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(d)(i)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4 Sch. 2
F7Words in s. 66(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(d)(iii)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
F8Words in s. 66(5) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(e)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4 Sch. 2
F9Words in s. 66(7) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(2)(f)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
(1)The following provisions of this section shall apply in relation to a poll under section 66 of this Act.
(2)Subject to the provisions of Schedule 8 to this Act—
(a)the poll shall be conducted, and the expenses thereof paid, in all respects as if polls were being held throughout the [F1county or county borough] at an ordinary election of [F1councillors of the county or (as the case may be) county borough]; and
(b)all persons having any duties in connection with the conduct of such an election shall have the like duties in connection with the poll.
(3)When the number of votes cast on either side has been ascertained for the whole of any [F2county or county borough], the [F3chairman of the [F2county council or (as the case may be) county borough council]] shall declare the result of the poll, and shall deliver a certificate of the result, signed by him, to the [F3proper officer of the [F2county council or (as the case may be) county borough council]].
(4)If the decision on the poll is that subsection (1) of section 66 of this Act shall not apply where it applied before, or shall apply where it did not apply before, the decision shall take effect with the first Sunday not earlier than the fourth day after the date of the poll; and if the decision is that that subsection shall not apply where it applied before, any condition in a licence previously granted for premises in the [F4county or county borough] under which the licence is a six-day licence shall be void (but without prejudice to the right to have such a condition re-inserted on the next or any subsequent application for a licence).
(5)The following provisions of the [F5Representation of the M1People Act 1983] shall apply as if the poll were a poll at an ordinary election of [F6councillors of the county or county borough], that is to say—
(a)[F5section 60, section 61] except subsections (1) and (4), and in [F5section 65] subsection (1), except paragraph (a), and subsection (5) (which relate to personation, plural voting and other frauds in connection with voting);
(b)[F5section 66] (which contains provision for preventing disclosure of the candidate for whom a person votes and generally for securing the secrecy of the ballot);
(c)[F5sections 113 to 115] (which make bribery, treating and undue influence corrupt practices);
(d)[F5sections 168 to 170 and 173], so far as they relate to offences under any provision mentioned in the foregoing paragraphs prosecuted on indictment or in a magistrates’ court;
but as if—
(i)in [F5section 66] for the words “the candidate for whom" and for the words “the name of the candidate for whom" there were substituted the words “the result for which" and paragraph (b) of subsection (1) (which relates to the obligations of candidates and their agents) were omitted; and
(ii)in [F5section 113] for the references to procuring the return of any person at an election there were substituted references to procuring one or other result of the poll.
Licensing Act 1964