Licensing Act 1964 (repealed)

Special hours certificates E+W

76 Permitted hours where special hours certificate in force. E+W

(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 [F2 extend 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 provided after midnight; and

(b) on any day that music and dancing end between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing end [F4 ; and

[F5 (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.]]

(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 with the substitution of references to three o’clock in the morning for the references to two o’clock in the morning.

(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 [F6 twenty] minutes and paragraph (b) thereof were omitted.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(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.

(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.

Textual Amendments

F1 Words repealed by Licensing (Amendment) Act 1985 (c. 40, SIF 68A:1), s. 1(3)

F2 Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 1(6)

F3 Words repealed by Licensing (Amendment) Act 1985 (c. 40, SIF 68A:1), s. 1(3)

F4 Word inserted by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1), s. 2

F5 S. 76(2)(c) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 8

F6 Word substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 8(b)

F7 S. 76(5) repealed by Licensing (Amendment) Act 1976 (c. 18, SIF 68A:1), s. 1

77 Special hours certificates for licensed premises. E+W

If, on an application made to the licensing justices with respect to licensed premises . . . F8 the justices are satisfied—

(a) that a music and dancing licence 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 persons resorting to the premises music and dancing and substantial refreshment to which the sale of intoxicating liquor is ancillary,

the licensing justices [F9 may] grant [F10 , 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.

Textual Amendments

F8 Words repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 7 Pt. I

F9 Word substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(1)(a)

F10 Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(1)(b)

Yn ddilys o 01/05/1996

[F11 77A Provisional grant of special hours certificates by licensing justices E+W

(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—

(a) that a music and dancing licence 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 licensing justices, will be structurally adapted, for the purpose of providing for persons resorting to the 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;

(d) that they are, or are part of, premises for which a music and dancing licence is in force; and

(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 F12 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.]

Textual Amendments

F11 S. 77A inserted (1.5.1996) by S.I. 1996/977, art. 3

F12 Inserted by the Licensing Act 1988 (c.17).

78 Special hours certificates for clubs. E+W

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, . . . F13 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 [F14 may] grant [F15 , 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.

Textual Amendments

F13 Words repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 7 Pt. I

F14 Word substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(1)(a)

F15 Words inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(1)(b)

Yn ddilys o 01/05/1996

[F16 78ZA Provisional grant of Special Hours Certificates by Magistrates’ Court E+W

(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.]

Textual Amendments

F16 S. 78ZA inserted (1.5.1996) by 1996/977, art. 4

[F17 78A Limitations on special hours certificates. E+W

(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 or 78 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.]

Textual Amendments

F17 S. 78A inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(2)

79 Licensing authority’s certificate of suitability of club premises for music and dancing. E+W

(1) If, on an application by the secretary of a club with regard to any premises in respect of which the club is or proposes to be registered [F18 , the licensing authority under the statutory regulations for music and dancing] are satisfied that the premises (whether or not they are kept or intended to be kept for dancing, music or other public entertainment of the like kind) in all other respects fulfil the authority’s requirements for the grant of a music and dancing licence, the authority may grant a certificate for the premises under this section.

(2) The authority may grant a certificate under this section on such terms, and subject to such conditions or restrictions, as they think fit; and, subject to the following provisions of this section, the certificate shall remain in force for such period as may be specified therein.

(3) The authority may, on the application of the secretary of the club, from time to time renew a certificate granted under this section; and subsections (1) and (2) of this section shall apply to the renewal as they apply to the grant of a certificate.

(4) The authority may, on the application of the secretary of the club, waive or modify any condition or restriction subject to which a certificate has been granted or renewed under this section.

(5) If, while a certificate under this section is in force, it appears to the authority—

(a) that any condition or restriction subject to which the certificate was granted or last renewed, as the case may be, has not been complied with or, in the case of a condition or restriction that has been modified under subsection (4) of this section, that the condition or restriction as so modified has not been complied with, and

(b) that the condition or restriction has not been waived under that subsection,

the authority may give the secretary of the club notice in writing that they propose to revoke the certificate, specifying the ground upon which they propose to revoke it, and shall give him an opportunity of being heard by a person appointed by the authority for the purpose.

(6) The authority may, not less than seven days after the giving of a notice under subsection (5) of this section and, if the secretary avails himself of the opportunity of being heard, after considering the report of the person appointed to hear the secretary, revoke the certificate.

[F19 (7) On any application for the grant or renewal of a certificate, or the waiver or modification of a condition or restriction in a certificate, under this section, the applicant shall pay a reasonable fee determined by the authority.]

Textual Amendments

F18 Words substituted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 2, para. 5

F19 S. 79(7) added by Licensing Act 1988 (c. 17, SIF 68A:1), s. 6(2) (the original s. 79(7) having been repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 7 Pt. I)

Modifications etc. (not altering text)

C1 S. 79: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 para. B14

80 Special hours certificates limited to particular days or parts of the year. E+W

(1) Where a special hours certificate is granted for any premises or part of premises which are used or intended to be used only on particular weekdays for the provision of music and dancing and substantial refreshment the certificate shall be limited to those days in the week on which it is shown to the satisfaction of the licensing justices or magistrates’ court granting it that music and dancing and refreshment are, or are intended to be, provided as required by section 77 or 78 of this Act.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(3) So long as the justices’ licence in force for any premises is a seasonal licence, any special hours certificate for those premises or any part of them shall be taken, except in so far as it is granted for a more restricted period under [F21 section 78A of this Act], to extend, but only to extend, to the season during which there are permitted hours in the premises under the condition attached to the licence under section 64 of this Act.

(4) On the variation or revocation of the condition referred to in subsection (3) of this section, the licensing justices shall, if need be, vary the special hours certificate so as to secure that it does not operate except as respects any period or periods during which it is shown to their satisfaction that it is intended to use the premises or part in question as mentioned in section 77 of this Act.

Textual Amendments

F20 S. 80(2) repealed by Licensing Act 1988 (c. 17, SIF 68A:1), ss. 5(3)(a), 19, Sch. 4

F21 Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(3)(b)

81 Revocation of special hours certificates. E+W

(1) If at any time while a special hours certificate is in force no music and dancing licence or, as the case may be, no certificate under section 79 of this Act is in force for the premises to which or part of which the special hours certificate relates that certificate shall thereby be revoked.

(2) At any time while a special hours certificate for any premises or part of premises is in force, the chief officer of police may apply to the licensing justices or, if it was granted under section 78 of this Act, to the magistrates’ court, for the revocation of the certificate on the ground that, while the certificate has been in force—

(a) the premises have not, or the part has not, been used as mentioned in section 77 or, as the case may be, section 78 of this Act; or

(b) a person has been convicted of having at those premises or that part contravened section 59 of this Act;

or that on the whole the persons resorting to the premises or part are there, at times when the sale or supply of intoxicating liquor there is lawful by virtue only of the certificate, for the purpose of obtaining intoxicating liquor rather than for the purpose of dancing or of obtaining refreshments other than intoxicating liquor; and if the licensing justices or magistrates’ court are satisfied that the ground of the application is made out they may revoke the certificate.

(3) Where a special hours certificate is revoked under subsection (2) of this section in consequence of a contravention of section 59 of this Act, no special hours certificate shall be valid in relation to the premises or part in question, if it is issued on an application made earlier than two months after the date of the revocation or made earlier than such later time, if any (not being more than twelve months after that date) as may be specified in the order revoking the certificate.

[F22 (4) At any time while a special hours certificate for any premises or for part of any premises is in force, the chief officer of police may apply to the licensing justices or, if it was granted under section 78 of this Act, to the magistrates’ court, for the revocation of the certificate on the ground that the revocation is expedient by reason of the occurrence of disorderly or indecent conduct in the premises or part to which the certificate relates; and if the licensing justices or the magistrates’ court, as the case may be, are satisfied that the ground of the application is made out, they shall revoke the certificate.]

Textual Amendments

F22 S. 81(4) substituted by Licensing (Amendment) Act 1981 (c. 40, SIF 68A:1), s. 1

[F23 81A Special hours certificates: further powers to impose limitations as to hours. E+W

(1) Limitations to particular times of the day may also be attached to special hours certificates by licensing justices or, as the case may be, a magistrates’ court as provided by subsections (2) and (3) below; and different limitations may be imposed under this section for different days.

(2) On an application for revocation of such a certificate under section 81(2) of this Act, the justices or court may, instead of revoking the certificate, attach any limitation authorised by subsection (1) above or vary any such limitation to which the certificate is subject under section 78A of this Act.

(3) At any time while such a certificate is in force (other than for any premises situated as mentioned in section 76(3) of this Act) the justices or court may, on the application of the chief officer of police, attach any limitation authorised by subsection (1) above or vary any such limitation to which the certificate is subject under section 78A of this Act.

(4) Where a special hours certificate is subject to limitations under subsection (2) or (3) above, 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.]

Textual Amendments

F23 S. 81A substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(4)

Yn ddilys o 19/03/2001

[F24 81AA Special hours certificates: exclusion of Sundays in case of disturbance etc. E+W

(1) At any time while there is in force for any premises or for part of any premises a special hours certificate which extends to Sundays, a person or authority mentioned in subsection (3) may apply to the licensing justices or, if it was granted under section 78 or 78ZA of this Act F25 , to the magistrates’ court, for the imposition of a limitation excluding Sundays on the following grounds.

(2) The grounds referred to are that such a limitation is desirable to avoid or reduce on Sundays—

(a) any disturbance of or annoyance to—

(i) persons living or working in the neighbourhood, or

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

(b) 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.

(3) The persons and authorities referred to in subsection (1) are—

(a) a person falling within sub-paragraph (i) of subsection (2)(a);

(b) the chief officer of police; or

(c) a relevant local authority within the meaning of section 71(5) of this Act.

(4) If on an application under this section the licensing justices or, as the case may be, the magistrates’ court are satisfied that the grounds of the application are made out, they shall attach a limitation to the special hours certificate which has the effect of excluding Sundays.]

Textual Amendments

F24 S. 81AA inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 10

F25 Section 78ZA was inserted by S.I. 1996/977.

[F26 81B Special hours certificates: appeals E+W

(1) Subject to subsection (2) of this section, any person aggrieved by a decision of licensing justices or a magistrates’ court—

[F27 (a) not to grant a special hours certificate under section 77 or 78 of this Act;]

[F28 (aa) to revoke or not to revoke a special hours certificate on an application under subsection (2) or (4) of section 81 of this Act,]

[F29 (b) to attach or not to attach limitations under section 78A of this Act, or

(c) to attach or not to attach limitations under section 81A of this Act,]

may appeal to the Crown Court against that decision.

[F30 (2) Only the chief officer of police may appeal against a decision not to revoke a certificate as mentioned in paragraph (aa) of subsection (1) of this section or not to attach a limitation under section 81A(3) of this Act; and a person may appeal against a decision not to attach a limitation under section 81A(2) of this Act only if he has appeared before the licensing justices or magistrates’ court and made representations that the limitation be attached.]

(3) A person other than the appellant shall be a party to an appeal under this section if, and only if, he has appeared before the licensing justices or magistrates’ court and made representations on the application to which the decision appealed against relates.

(4) Licensing justices shall have the same power to make an order for the payment of costs on the abandonment of an appeal under this section as a magistrates’ court has by virtue of [F31 section 109 of the M1 Magistrates’ Courts Act 1980] on the abandonment of an appeal to which that section relates.]

Textual Amendments

F26 S. 81B inserted by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1), s. 3

F27 S. 81B(1)(a) inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(5)

F28 S. 81B(1) para. (a) renumbered as para. (aa) as provided by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(5)

F29 S. 81B(1)(b)(c) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 9(b)

F30 S. 81B(2) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 9(b)

F31 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5

Marginal Citations

M1 1980 c. 43(82)

82 Special hours certificate and extension or exemption orders in respect of same premises. E+W

(1) Where section 76 of this Act applies to part only of any premises the part to which it applies and the part to which it does not apply shall be treated as separate premises for the purposes of section 68(1)(b) of this Act and for the purpose of general and special orders of exemption.

(2) Section 68(1)(b) and section 76 of this Act may both be applied to the same premises or part of premises, so that section 68(1)(b) has effect on days on which the permitted hours are not affected by section 76.

83 Supplementary provisions as to special hours certificates. E+W

(1) In sections 76 to 81 of this Act “music and dancing licence” means a licence granted by the licensing authority under the statutory regulations for music and dancing and authorising the keeping or using of any premises for public dancing, singing, music or other public entertainment.

(2) References in those sections to providing music and dancing and refreshment shall be construed as references to providing them on every weekday or on particular weekdays 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; and references in those sections to providing dancing shall be construed as references to providing facilities for dancing that are adequate having regard to the number of persons for whose reception in the premises or part of premises in question provision is made.