Licensing Act 1964 (repealed)

Clerk to licensing justices and fees E+W

28 Clerk to licensing justices. E+W

(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) [F1 Section 141(2) of the M1 Magistrates’ 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 [F2 or the Crown Court] in proceedings under this Act, the M2 Licensing Act 1872, or the M3 Licensing Act 1902;

and any person who contravenes this subsection shall be liable to a fine not exceeding [F3 level 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.

Textual Amendments

F1 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 46

F2 Words inserted by Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. II para. 42(1)

F3 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C1 S. 28(3) amended (01.01.1992) by S.I. 1991/2684, arts. 2, 4, Sch.1

Marginal Citations

M1 1980 c. 43 (82).

M2 1872 c. 94 (68A:1).

M3 1902 c. 28 (68A:1).

29 Fees chargeable in licensing matters. E+W

(1) Subject to subsection (3) of this section, there may be charged by justices’ clerks 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 stipendiary magistrate’s court, and to those chargeable by a justices’ clerk acting as clerk to licensing justices or in any other capacity, as it applies to fees chargeable by a justices’ clerk acting as such.

(3) This section shall not affect the court fees chargeable (under [F4 the Magistrate’s Courts]Act 1980 or otherwise) in connection with prosecutions or with the enforcement of orders of a magistrates’ court, nor the fees chargeable by a justices’ clerk 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.

Textual Amendments

F4 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5

Modifications etc. (not altering text)

C2 S. 29 extended by Licensing (Occasional Permissions) Act 1983 (c. 24, SIF 68A:1), s. 4(2)(b)