Office of Public Sector Information
PART III continued
(1)Subject to the following provisions of this section, justices of the peace may—
(a)on an application by the holder of a justices’ on-licence for premises situated in the immediate neighbourhood of a public market or place where people follow a lawful trade or calling, or
(b)on an application by the secretary of a club registered in respect of any premises so situated,
make an order (in this Act referred to as a general order of exemption) adding, either generally or for such days as may be specified in the order, such hours as may be so specified to the permitted hours in those premises.
(2)Justices of the peace shall not make a general order of exemption unless satisfied, after hearing evidence, that it is desirable to do so for the accommodation of any considerable number of persons attending the public market, or following the trade or calling.
(3)Justices of the peace may revoke or vary a general order of exemption; but, unless it is proved that the holder of the justices’ on-licence or, as the case may be, the secretary of the club had notice of the revocation or variation, a person shall not be guilty of an offence under section 59 of this Act in doing anything that would have been lawful had the revocation or variation not been made.
(4)Justices of the peace may—
(a)on an application by the holder of a justices’ on-licence for any premises, or
(b)on an application by the secretary of a club registered in respect of any premises,
make an order (in this Act referred to as a special order of exemption) adding such hours as may be specified in the order to the permitted hours in those premises on such special occasion or occasions as may be so specified.
(5)Any power conferred by this section to add to the permitted hours in any premises may be exercised in either or both of the following manners, that is to say, by adding to them any hour not comprised in them or by adding to them for all purposes any hour comprised in them for limited purposes by virtue of section 68 or section 70 of this Act.
(6)In its application to premises in the City of London or the metropolitan police district [F1subsection (4) of] this section shall have effect as if for [F2the reference] to justices of the peace there were substituted—
(a)if the premises are in the City of London, [F2a reference] to the Commissioner of Police for the City of London acting with the approval of the Lord Mayor;
(b)if the premises are in the metropolitan police district, [F2a reference] to the Commissioner of Police for the Metropolis acting with the approval of the Secretary of State
[F3and the Commissioner of Police for the City of London and the Commissioner of Police for the Metropolis shall have the same power as justices’ clerks to charge fees in respect of matters arising under this section.]
F1Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 7(a)
F2Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 7(b)
F3Words added by Licensing Act 1988 (c. 17, SIF 68A:1), s. 6(1)
(1)Any power of justices of the peace under section 74 of this Act shall be exercisable by justices acting for the petty sessions area in which the premises are situated, and by the number of justices, and in the place, required by [F1the M1Magistrates’ Courts Act 1980] for the hearing of a complaint.
(2)Subject to subsection (3) of this section, the justices may, if they see fit, make a special order of exemption without a hearing, if written application for the order is made by lodging two copies of the application with the [F2chief executive] to the justices not less than one month before the day or earliest day for which application is made.
(3)Where such an application is made—
(a)the [chief executive] on receipt of the application shall serve notice of it on the chief officer of police by sending him a copy of the application; and
(b)if, not later than seven days after the day he sends it, written notice of objection is given by or on behalf of the chief officer to the [chief executive] by lodging two copies with him, the application shall not be granted without a hearing, unless the objection is afterwards withdrawn by a further notice given in the same way; and
(c)the [chief executive], on receipt of any such notice of objection or notice withdrawing an objection, shall send a copy to the applicant.
F1Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5
F2Words in s. 75(2)(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 50; S.I. 2001/916, art. 2 (with Sch. 2 para. 2)
M11980 c. 43 (82).
(1)This section applies to licensed premises or premises in respect of which a club is registered, or part of any such premises, during the time that—
(a)there is in force for the premises or part a special hours certificate granted under the following provisions of this Part of this Act; and
(b)the section is applied, under subsection (7) of this section, to the premises or part, by the holder of the licence or, as the case may be, the secretary of the club.
(2)Subject to the following provisions of this section, the permitted hours on weekdays . . . F1 in any premises or part of premises to which this section applies shall [F2extend until] two o’clock in the morning following, except that—
(a)the permitted hours shall end at midnight . . . F3 on any day on which music and dancing is not [F4or, in the case of casino premises, gaming facilities are not] provided after midnight; and
(b)on any day that music and dancing end [F5or, in the case of casino premises, gaming ends] between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing end [F6or, as the case may be, when the gaming ends][F7; and
[F8(c)in any premises or part for which a certificate is in force subject to a limitation imposed in pursuance of section 78A or 81A of this Act, the permitted hours on any day to which the limitation relates shall not extend beyond the time specified in the certificate.]]
[F9(2A)In relation to the morning on which summer time begins, subsection (2) of this section shall have effect—
(a)with the substitution of references to three o’clock in the morning for references to two o’clock in the morning; and
(b)where the permitted hours in any premises or part of premises extend to a time between one o’clock and two o’clock in the morning by virtue of a limitation in the special hours certificate imposed pursuant to section 78A or 81A of this Act, as if the permitted hours extended to one hour after that specified in the certificate.]
(3)In relation to premises which are situated in any part of the metropolis outside the City of London which is specified for the purposes of this subsection by an order of the Secretary of State, subsection (2) of this section shall have effect
[F10(a)except in relation to the morning on which summer time begins,]
with the substitution of references to three o’clock in the morning for the references to two o’clock in the morning [F11, and
(b)in relation to that morning, with the substitution of references to four o’clock in the morning for the references to two o’clock in the morning.]
[F12(3A)Subject to the following provisions of this section, the permitted hours on Sundays in any premises or part of premises to which this section applies shall extend until thirty minutes past midnight in the morning following, except that—
(a)the permitted hours shall end at midnight on any Sunday on which music and dancing is not or, in the case of casino premises, gaming facilities are not provided after midnight;
(b)where music and dancing end or, in the case of casino premises, gaming ends between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends; and
(c)in any premises or part for which a certificate is in force subject to a limitation imposed in relation to Sundays in pursuance of section 78A or 81A of this Act, the permitted hours shall not extend beyond the time specified in the certificate.
(3B)In relation to any Sunday which falls immediately before a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 F13, other than Easter Sunday, subsection (3A) shall have effect—
(a)in the case of premises which are situated as mentioned in subsection (3), with the substitution for the references to thirty minutes past midnight in the morning following of references to three o’clock in the morning following; and
(b)in the case of any other premises, with the substitution for the references to thirty minutes past midnight in the morning following of references to two o’clock in the morning following.]
(4)Where the permitted hours are fixed by this section, section 63(1) of this Act shall apply to the consumption of liquor on the premises as if in paragraph (a) thereof half an hour were substituted for [F14twenty] minutes and paragraph (b) thereof were omitted.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
(6)Where a special hours certificate for any premises or part of premises is limited to particular days in every week, this section does not affect the permitted hours in the premises on days on which the certificate does not apply.
[F16(6A)Subsections (3A) and (3B) shall not apply to a certificate granted before the coming into force of those subsections or to a certificate granted after that time that does not extend to Sundays; but any such certificate may be varied by the licensing justices or, as the case may be, magistrates’ court on the application of the licensee or club.]
(7)The holder of the licence or, as the case may be, the secretary of the club, may apply this section, or terminate its application, from such day as he may fix by notice in writing to the chief officer of police served not less than fourteen days before that day.
[F17(8)In this section, references to summer time are to the period of summer time for the purposes of the M1Summer Time Act 1972.]
F1Words repealed by Licensing (Amendment) Act 1985 (c. 40, SIF 68A:1), s. 1(3)
F2Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 1(6)
F3Words repealed by Licensing (Amendment) Act 1985 (c. 40, SIF 68A:1), s. 1(3)
F4Words in s. 76(2)(a) inserted (3.4.1997) by S.I. 1997/950, art. 4(2)(a)
F5Words in s. 76(2)(b) inserted (3.4.1997) by S.I. 1997/950, art. 4(2)(b)
F6Words in s. 76(2)(b) inserted (3.4.1997) by S.I. 1997/950, art. 4(2)(c)
F7Word inserted by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1), s. 2
F8S. 76(2)(c) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 8
F9S. 76(2A) inserted (1.5.1996) by S.I. 1996/977, art. 2(2)
F10Words in s. 76(3) inserted (1.5.1996) by S.I. 1996/977, art. 2(3)(a)
F11Words in s. 76(3) inserted (1.5.1996) by S.I. 1996/977, art. 2(3)(b)
F12S. 76(3A)(3B) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 6(2)
F131971 c. 80.
F14Word substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 8(b)
F15S. 76(5) repealed by Licensing (Amendment) Act 1976 (c. 18, SIF 68A:1), s. 1
F16S. 76(6A) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 6(3)
F17S. 76(8) inserted (1.5.1996) by S.I. 1996/977, art. 2(4)
M11972 c.6
If, on an application made to the licensing justices with respect to licensed premises . . . F1 the justices are satisfied—
[F2(a)that the premises are—
(i)casino premises, or
(ii)premises for which a music and dancing licence is in force, and
(b)that the whole or any part of the premises is structurally adapted, and bona fide used, or intended to be used, for the purpose of providing for persons resorting to the premises—
(i)in the case of casino premises, gaming facilities and substantial refreshment, and
(ii)in the case of any other premises, music and dancing and substantial refreshment,
to which the sale of intoxicating liquor is ancillary,]
the licensing justices [F3may] grant [F4, with or without limitations,] a special hours certificate for the premises or, if they are satisfied that part only of the premises is adapted or used or intended to be used as mentioned in paragraph (b) of this section, for that part.
F1Words repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 7 Pt. I
F2S. 77(a)(b) substituted (3.4.1997) by S.I. 1997/950, art. 2
F3Word substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(1)(a)
F4Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(1)(b)
(1)Where, on an application made by a person interested in any premises of in respect of which a grant or provisional grant of a justices’ licence has been made and which are to be, or are in the course of being, constructed, altered or extended, the licensing justices are satisfied—
[F2(a)that the premises are—
(i)casino premises, or
(ii)premises for which a music and dancing licence is in force,]
(b)that the whole or any part of the premises is intended to be used, and, if completed in accordance with plans deposited with the licensing justices, will be structurally adapted, for the purpose of providing for persons resorting to the premises,
[F3(i)in the case of casino premises, gaming facilities and substantial refreshment, and
(ii)in the case of any other premises, music and dancing and substantial refreshment,
to which the sale of intoxicating liquor is ancillary,] the licensing justices may make a provisional grant, with or without limitations, of a special hours certificate for the premises or, if they are satisfied that part only of the premises is intended to be used or will be adapted as mentioned in paragraph (b) of this subsection, for that part.
(2)Where a special hours certificate has been granted under subsection (1) of this section, the licensing justices may, on application by the person who applied for the certificate, consent to any modification of the deposited plans if, in their opinion, the premises to which the certificate relates will, if completed in accordance with the modified plans, be structurally adapted for the purpose mentioned in paragraph (b) of that subsection.
(3)Where a special hours certificate has been granted under subsection (1) of this section, the licensing justices shall, after such notice has been given as they may require, declare the provisional grant final on being satisfied, in relation to the premises to which the certificate relates—
(c)that they are, or are part of, licensed premises;
[F4(b)that they are, or are part of—
(i)casino premises, or
(ii)premises for which a music and dancing licence is in force;]
(e)that they have been completed in accordance with the deposited plans.
(4)Until a provisional grant under subsection (1) of this section has been declared final under subsection (3) of this section, the certificate to which the provisional grant relates shall not be valid.
(5)Where licensing justices—
(a)refuse to make a provisional grant of a special hours certificate;
(b)make a provisional grant of such a certificate with limitations;
(c)refuse to declare a provisional grant of such a certificate final; or
(d)refuse to give consent, on the application of the person who applied for the certificate, to any modification of the deposited plans,
they shall specify in writing to the applicant their reasons for doing so.
(6)In subsection (1) of this section, references to premises for which a music and dancing licence is in force include premises for which a person holds a music and dancing licence which is subject to a condition that it shall be of no effect until confirmed.
(7)In this section and sections 78ZA and 81B F5 of this Act—
(a)“deposited plans", in relation to a special hours certificate, means the plans deposited in connection with the application for the certificate; and
(b)references to completion in accordance with the deposited plans are, where any modification of those plans has been consented to under subsection (2) of this section or section 78ZA(2) of this Act, to completion in accordance with those plans with that modification.]
F1S. 77A inserted (1.5.1996) by S.I. 1996/977, art. 3
F2S. 77A(1)(a) substituted (3.4.1997) by S.I. 1997/950, art. 3(2)
F3Words in s. 77A(1)(b) substituted (3.4.1997) by S.I. 1997/950, art. 3(3)
F4S. 77A(3)(b) substituted (3.4.1997) by S.I. 1997/950, art. 3(4)
F5Inserted by the Licensing Act 1988 (c.17).
If, on an application made to the magistrates’ court with respect to premises in respect of which a club is or is to be registered, . . . F1 the court is satisfied—
(a)that a certificate granted under section 79 of this Act is in force for the premises, and
(b)that the whole or any part of the premises is structurally adapted, and bona fide used, or intended to be used, for the purpose of providing for the members of the club music and dancing and substantial refreshment to which the supply of intoxicating liquor is ancillary,
the court [F2may] grant [F3, with or without limitations,] a special hours certificate for the premises or, if the court is satisfied that part only of the premises is adapted or used or intended to be used as mentioned in paragraph (b) of this section, for that part.
F1Words repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 7 Pt. I
F2Word substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(1)(a)
F3Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(1)(b)
(1)Where, on an application made to the magistrates’ court with respect to premises in respect of which a club is or is to be registered and which are to be, or are in the course of being altered or extended, the court is satisfied—
(a)that a certificate granted under section 79 of this Act is in force for the premises; and
(b)that the whole or any part of the premises is intended to be used, and, if completed in accordance with plans deposited with the court, will be structurally adapted, for the purpose of providing for the members of the club music and dancing and substantial refreshment to which the supply of intoxicating liquor is ancillary,
the court may make a provisional grant, with or without limitations, of a special hours certificate for the premises or, if the court is satisfied that part only of the premises is intended to be used or will be adapted as mentioned in paragraph (b) of this subsection, for that part.
(2)Where a special hours certificate has been granted under subsection (1) of this section, the magistrates’ court may, on application by the person who applied for the certificate, consent to any modification of the deposited plans if, in its opinion, the premises to which the certificate relates will, if completed in accordance with the modified plans, be structurally adapted for the purpose mentioned in paragraph (b) of that subsection.
(3)Where a special hours certificate has been granted under subsection (1) of this section, the magistrates’ court shall, after such notice has been given as it may require, declare the provisional grant final on being satisfied, in relation to the premises to which the certificate relates—
(a)that they are, or are part of, premises in respect of which a club is or is to be registered;
(b)that they are, or are part of, premises for which a certificate granted under section 79 of this Act is in force; and
(c)that the premises have been completed in accordance with the deposited plans.
(4)Until a provisional grant under subsection (1) of this section has been declared final under subsection (3) of this section, the certificate to which the provisional grant relates shall not be valid.
(5)Where a magistrates’ court—
(a)refuses to make a provisional grant of a special hours certificate;
(b)makes a provisional grant of such a certificate with limitations;
(c)refuses to declare a provisional grant of such a certificate final; or
(d)refuses to give consent, on the application of the person who applied for the certificate, to any modification of the deposited plans,
it shall specify in writing to the applicant its reasons for doing so.]
(1)On an application for a special hours certificate the licensing justices or, as the case may be, the magistrates’ court may grant a certificate under section 77 [F2, 77A, 78 or 78ZA] of this Act limited in any of the following respects.
(2)The limitations referred to are limitations—
(a)to particular times of the day;
(b)to particular days of the week;
(c)to particular periods of the year.
(3)Different limitations may be imposed by virtue of subsection (2)(a) above for different days.
(4)Where a special hours certificate is subject to limitations under this section the licensing justices or, as the case may be, the magistrates’ court may, on the application of the licensee or the club, vary any limitation to which it is so subject.]
[F3(5)Subsections (6) to (9) apply to an application to the licensing justices or, as the case may be, the magistrates’ court for the grant of a special hours certificate which extends to Sundays or for the variation of a limitation so as to affect the operation of a special hours certificate in relation to Sundays.
(6)Not less than twenty-one days before making such an application to licensing justices, a person shall give notice to the relevant local authority.
(7)In considering whether to grant or vary a certificate in the manner described in subsection (5), the licensing justices or, as the case may be, the magistrates’ court shall (without prejudice to other functions in relation to the grant or variation) consider the exercise of the power to limit the certificate—
(a)to days not including Sunday, or
(b)to different times of the day on Sundays and on other days.
Licensing Act 1964