(6)If, with intent to influence persons to give or refrain from giving their votes at the poll, any person, after the end of the period allowed for delivering requisition papers, publishes an advertisement in a newspaper or other periodical or procures an advertisement to be so published, he shall be guilty of an illegal practice, and [F7sections 169 and 173 of the Representation of the M2People Act 1983] shall apply so far as they relate to offences prosecuted in a magistrates’ court; but the court before whom a person is convicted under this subsection may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of [F7section 173].

[F1 Restriction orders with respect to licensed premises and clubs]

[ F167A Restriction orders

(1)An order under this section may be made with respect to—

(a)any licensed premises or part of licensed premises, other than premises licensed for the sale of intoxicating liquor for consumption off the premises only and any premises for which an occasional licence is in force; and

(b)any premises in respect of which a club is registered.

(2)An order under this section is referred to in this section and sections 67B, 67C and 67D of this Act as a “restriction order" and in those sections (and Schedule 8A to this Act) “theatre" means any premises in respect of which a notice under section 199 (c) of this Act is for the time being in force.

(3)Where a restriction order is in force with respect to any premises or part of any premises, the permitted hours in those premises or that part shall not include any time specified in the order.

(4)A restriction order may

[F2(a)specify any time between half past two and half past five in the afternoon on weekdays other than Good Friday, and between three and seven in the afternoon on Sundays and Good Friday, and

(b)]apply in relation to particular days of the week specified in the order and in relation to particular periods of the year so specified.

(5)The power to make a restriction order shall be exercisable—

(a)with respect to licensed premises, by licensing justices, and

(b)with respect to premises in respect of which a club is registered, by a magistrates’ court,

on application being made to them under this section.

(6)An application for a restriction order may be made by—

(a)the chief officer of police;

(b)any person living in the neighbourhood, or any body representing persons who do;

(c)any person carrying on a business in the neighbourhood or managing or otherwise in charge of it in the neighbourhood; or

(d)the head teacher or other person in charge of any educational establishment in the neighbourhood.

(7)A restriction order may be made—

(a)on the ground that it is desirable to avoid or reduce any disturbance of or annoyance to—

(i)persons living or working in the neighbourhood,

(ii)customers or clients of any business in the neighbourhood, or

(iii)persons attending, or in charge of persons attending, any educational establishment in the neighbourhood,

due to the use of the premises or part of the premises; or

(b)on the ground that it is desirable to avoid or reduce the occurrence of disorderly conduct in the premises or part of the premises or the occurrence in the vicinity of the premises of disorderly conduct on the part of persons resorting to the premises or part of the premises.

(8)The terms of a restriction order shall be such as the licensing justices or, as the case may be, the magistrates’ court think fit.

(9)A restriction order shall have effect as from the date specified in it and (unless revoked or varied or the licence or registration ceases to be in force) for the period specified in it, which shall not exceed twelve months.

(10)Schedule 8A to this Act shall have effect as respects the procedure for the making of restriction orders.]

[F167B Restriction orders: appeals

(1)Any holder of a justices’ licence, any club or any proprietor of a theatre aggrieved by a decision of licensing justices or a magistrates’ court—

(a)granting a restriction order, or

(b)as to the terms of a restriction order,

may appeal to the Crown Court against the decision.

(2)On an appeal under this section against a restriction order the applicant for the order shall be respondent in addition to the licensing justices or justices, as the case may be.

(3)Where an appeal is brought under this section against a restriction order, the operation of the order shall be suspended until the disposal of the appeal, unless the licensing justices or magistrates’ court, as the case may be, or the Crown Court otherwise order.

(4)The judgment of the Crown Court on any appeal under this section shall be final.]

[F167C Revocation or variation of restriction orders

(1)Subject to subsection (2) below, where a restriction order is in force in respect of any premises or part of any premises the holder of the justices’ licence, the club or the proprietor of the theatre, as the case may be, may apply to the licensing justices or magistrates’ court who made the order to have it revoked or its terms varied.

(2)No application for the revocation or variation of a restriction order shall be made within the period of six months beginning with the date on which the order came into force nor where a previous application has been made under this section with respect to the order.

(3)On an application under this section in relation to a restriction order, the licensing justices or the magistrates’ court may, if they think fit—

(a)where revocation of the order is sought, either revoke it or make such an order varying its terms as they think fit; and

(b)where variation of the terms of the order is sought, make such an order varying its terms as they think fit.

(4)Schedule 8A to this Act shall have effect as respects the procedure for the revocation or variation of restriction orders.]

[F167D Duty to post notice of restriction order on premises

(1)Where a restriction order is in force with respect to any licensed premises, the holder of the licence or the theatre proprietor, as the case may be, shall keep posted in some conspicuous place there a notice stating the effect of the order on the permitted hours.

(2)Where a restriction order has effect with respect to a part only of licensed premises, subsection (1) above requires the notice to be posted in that part of the premises.

(3)A person contravening this section shall be liable to a fine not exceeding level 1 on the standard scale.]

Extension of permitted hours in licensed premises and clubs

68 Extension of permitted hours in restaurants, etc

(1)In any premises to which either of the following paragraphs applies there shall be added to the permitted hours (so far as not otherwise comprised in them) for the purpose and in the part of the premises mentioned in subsection (2) of this section—

(a)where this paragraph applies, the period [F1, on [F2Christmas Day,] between the first and second parts of the general licensing hours;]

(b)where this paragraph applies, the hour following the general licensing hours;

but for other purposes, or in other parts of the premises, the permitted hours shall be the same as if that paragraph did not apply to the premises.

(2)The addition shall be for the purpose of the sale or supply to persons taking table meals in the premises, and the consumption, of intoxicating liquor which is supplied—

(a)in a part of the premises usually set apart for the service of such persons; and

(b)for consumption by such a person in that part of the premises as an ancillary to his meal.

(3)Either or both paragraphs of subsection (1) of this section may be applied, in accordance with section 69 of this Act, to licensed premises or to premises in respect of which a club is registered, if the licensing justices for the district in which the licensed premises are situated are satisfied or, in the case of premises in respect of which a club is registered, the magistrates’ court is satisfied, that the premises are structurally adapted and bona fide used, or intended to be used for the purpose of habitually providing, for the accommodation of persons frequenting the premises, substantial refreshment to which the sale and supply of intoxicating liquor is ancillary.

69 Application of paragraph (a) or (b) of s. 68(1)

(1)Each paragraph of section 68(1) of this Act may be applied by the holder of the licence or, as the case may be, the secretary of the club, as from such day as he may fix by notice to the chief officer of police served not less than fourteen days before that day and, if so applied, shall continue to apply until its application is terminated under subsection (2) of this section or—

(a)in the case of licensed premises, the licensing justices cease to be satisfied as mentioned in subsection (3) of the said section 68;

(b)in the case of premises in respect of which a club is registered, the magistrates’ court declares that it is no longer so satisfied.

(2)The holder of the licence or, as the case may be, the secretary of the club may terminate the application of either or both of the said paragraphs on 4th April in any year by notice to the chief officer of police served not less than fourteen days before that day.

70 Extended hours in restaurants, etc. providing entertainment

(1)Subject to the provisions of this section, where any licensed premises or premises in respect of which a club is registered are structurally adapted and bona fide used, or intended to be used, for the purpose of habitually providing, for the accommodation of persons frequenting them, musical or other entertainment as well as substantial refreshment, and the sale and supply of intoxicating liquor is ancillary to that refreshment and entertainment, then if—

(a)paragraph (b) of section 68(1) of this Act applies to the premises, and

(b)an order under this section is in force with respect to them,

the time added by the said section 68(1) to the permitted hours on [F1days] on which the entertainment is provided and the purpose for which the time is added shall, in any part of the premises habitually set apart for the provision of the refreshment and entertainment, be as mentioned in subsection (2) [F2or (2A)] of this section.

(2)[F3Subject to subsection (2A),]in any such part of the premises the time so added shall, . . . F4, extend until one o’clock in the morning following, . . . F4; and the purpose for which it is added shall be—

(a)the sale and supply, before the provision of the entertainment or the provision of substantial refreshment has ended, of intoxicating liquor for consumption in any such part of the premises; and

(b)the consumption of intoxicating liquor so supplied;

but this section does not authorise any sale or supply to a person admitted to the premises either after midnight or less than half an hour before the entertainment is due to end, except in accordance with subsection (2) of section 68 of this Act.

[F5(2A)If the order under this section applies to the permitted hours on a Sunday, subsection (2) has effect in relation to those permitted hours as if—

(a)for “one o’clock" there were substituted “half an hour past midnight", and

(b)for “midnight" there were substituted “half past eleven in the evening".]

(3)Where in any premises or part of premises the time added to the permitted hours by section 68(1) of this Act is so added for the purpose mentioned in subsection (2) of this section, section 59 of this Act does not restrict the consumption in the premises or part, during the first half hour after the entertainment ends, of intoxicating liquor supplied before it ends.

(4)In this section “entertainment" does not include any form of entertainment given otherwise than by persons actually present and performing; and, subject to the provisions of this Act, no premises or part shall be treated for the purposes of this section as used or intended to be used for the purpose of habitually providing refreshment and entertainment or as habitually set apart for that purpose, unless it is used or intended to be used, or is set apart, for the purpose of providing them after, and for a substantial period preceding, the end of the general licensing hours on every [F6day] or on particular [F6days]in every week, subject to any break for a period or periods not exceeding two weeks in any twelve successive months or on any special occasion or by reason of any emergency.

(5)The power to make an order under this section shall be exercisable—

(a)with respect to licensed premises, by licensing justices in accordance with section 71 of this Act; and

(b)with respect to premises in respect of which a club is registered, by the magistrates’ court in accordance with section 72 of this Act.

71 Orders of licensing justices under s. 70

(1)Licensing justices may make an order under section 70 of this Act with respect to any premises on the application of a person applying for or holding a justices’ licence for the premises.

(2)Any such order

[F1(a)shall lapse when the licence ceases to be in force otherwise than on its being superseded on renewal or transfer; and

(b)may be varied by a further such order.]

(3)Before making an application for an order under section 70 of this Act . . . F2, a person shall give notice of the application to the persons, in the manner and at the times required by Schedule 2 to this Act on an application for a new justices’ licence for the premises; but if through inadvertence or misadventure he fails to do so paragraph 7 of that Schedule shall apply.

[F3(3A)In the case of an order under section 70 of this Act which would extend the permitted hours on a Sunday, subsections (3B) to (3D) apply.

(3B)Before making an application at a licensing sessions for such an order in respect of premises in Greater London, a person shall, not less than twenty-one days before the day of the licensing sessions, give to the relevant local authority notice in writing of the application.

(3C)In considering whether to make such an order the licensing justices shall take account of—

(a)the special nature of Sunday, and

(b)any guidance on that special nature issued by the Secretary of State.

(3D)Where the licensing justices make such an order with respect to any premises in spite of an objection from a relevant local authority which is based on the residential character of the area in which the premises are situated, they shall state their reasons for doing so.]

(4)Where licensing justices make an order under section 70 of this Act with respect to any premises, the holder of the justices’ licence for the premises shall within fourteen days give notice of the making of the order to the chief officer of police, and shall send with the notice a copy of the order; and if he fails to do so he shall be liable to a fine not exceeding [F4level 1 on the standard scale].

[F5(5)In this section “relevant local authority"—

(a)if the premises are in England outside Greater London, means the district council;

(b)if the premises are in Wales, means the county or county borough council;

(c)if the premises are in the City of London, means the Common Council of the City of London; and

(d)if the premises are in a London borough, means the council of that borough.]

72 Orders of magistrates’ court under s. 70

(1)The magistrates’ court may make an order under section 70 of this Act with respect to any premises on the application of the club which is registered in respect of the premises.

(2)Any such order shall lapse on the club’s registration certificate ceasing to be in force [F1without being renewed], but may be . . . F2 varied by a further such order.

[F3(2A)In the case of an order under section 70 of this Act which would extend the permitted hours on a Sunday, subsections (2B) to (2C) apply.

(2B)In considering whether to make such an order the magistrates’ court shall take account of—

(a)the special nature of Sunday, and

(b)any guidance on that special nature issued by the Secretary of State.

(2C)Where the magistrates’ court makes such an order with respect to any premises in spite of an objection from a relevant local authority which is based on the residential character of the area in which the premises are situated, they shall state their reasons for doing so.]

(3)Where the magistrates’ court makes an order under section 70 of this Act with respect to any premises the secretary of the club which is registered in respect of the premises shall within fourteen days give written notice of the making of the order to the chief officer of police, and shall send with the notice a copy of the order; and if he fails to do so he shall be liable to a fine not exceeding [F4level 1 on the standard scale].

[F5(4)In this section “relevant local authority" has the same meaning as in section 71(5) of this Act.]

73 Supplementary provisions as to orders under s. 70

(1)An order under section 70 of this Act shall not be made unless it is shown that the condition of subsection (1) of that section as to the use or intended use of the premises is satisfied in relation to the premises or part of the premises, to the periods, to the [F1days] and to the times for which the order is to have effect, and that the premises or part of the premises is structurally adapted for the purpose; but in making an order by way of variation . . . F2 of a previous order licensing justices or the magistrates’ court may assume, unless they see reason to the contrary, that the conditions for the making of the previous order were and still are satisfied.

(2)Licensing justices or the magistrates’ court may refuse to make an order under the said section 70, or may in such an order limit the operation of that section to a particular part of the premises or to particular periods of the year or to particular [F3days] or to a time earlier than one o’clock in the morning [F4or, in the case of the morning following Sunday, half an hour past midnight] (and may impose different limitations in relation to different parts of the premises, different periods or different [F3days]), if it appears to them reasonable to do so having regard to all the circumstances and in particular to the comfort and convenience of the occupiers and inmates of premises in the neighbourhood.

(3)Where the use of any premises or part of premises for the purpose specified in subsection (1) of section 70 of this Act is, or is intended to be, limited to a particular period or periods of the year, an order under that section may be made to have effect for the whole or part of the period or periods in question, but excluding any period of less than four weeks.

(4)Licensing justices or, as the case may be, the magistrates’ court shall revoke an order under section 70 of this Act if they are satisfied on an application made by or on behalf of the chief officer of police for the police area in which the premises are situated, either—

(a)that use has not been made for the purpose specified in subsection (1) of that section of the premises or part of the premises for which the order has effect; or

(b)that it is expedient to revoke the order either by reason of the occurrence of disorderly or indecent conduct in the premises or part, or by reason of the conduct of persons resorting to the premises and any annoyance resulting or likely to result from it to the occupiers or inmates of premises in the neighbourhood, or by reason of the premises having been in any way ill-conducted.