Licensing Act 1964 (repealed)

SCHEDULE 2 E+W Applications for Justices’ Licences

1 E+W A person proposing to apply at a licensing sessions for the grant of a new justices’ licence, or for the ordinary or special removal or the transfer of a justices’ licence, shall give the following notices:—

(a) not less than twenty-one days before the day of the licensing sessions he shall give notice in writing to the [F1 chief executive] to the licensing justices, the chief officer of police and the proper local authority;

(b) in the case of a transfer he shall give the like notice to the holder of the licence (if any), and in the case of a removal he shall give the like notice to the registered owner of the premises from which it is sought to remove the licence and the holder of the licence (if any) unless he is also the applicant;

(c) except in the case of a transfer, he shall—

(i) not more than twenty-eight days before the day of the licensing sessions display notice of the application for a period of seven days in a place where it can conveniently be read by the public on or near the premises to be licensed (or, in the case of an application for a provisional grant, on or near the proposed site of those premises); and

(ii) not more than twenty-eight days nor less than fourteen days before the day of the licensing sessions (and, if the licensing justices so require, on some day or days outside that period but within such other period as they may require) advertise notice of the application in a newspaper circulating in the place where the premises to be licensed are situated.

Textual Amendments

F1 Words in Sch. 2 para. 1(a) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 51(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

2 E+W A person proposing to apply at transfer sessions for the renewal of a justices’ licence shall give notice in accordance with sub-paragraph (a) of paragraph 1 of this Schedule.

3 E+W With the notice given under sub-paragraph (a) of paragraph 1 of this Schedule to the [F2 chief executive] to the licensing justices there shall be deposited a plan of the premises to be licensed, if the application is—

(a) for the grant of a new justices’ on-licence or of an ordinary removal of a justices’ on-licence; or

(b) for the provisional grant of a new justices’ off-licence or of an ordinary removal of a justices’ off-licence;

and is not an application made in accordance with section 6(5) of this Act.

Textual Amendments

F2 Words in Sch. 2 para. 3 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 51(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

4 E+W A notice under this Schedule—

(a) shall be signed by the applicant or his authorised agent;

(b) shall state the name and address of the applicant and, except in the case of a removal of a licence held by him or of a renewal, his trade or calling during the six months preceding the giving of the notice;

(c) shall state the situation of the premises to be licensed and, in the case of a removal, the premises from which it is sought to remove the licence;

(d) in the case of a new licence, shall state the kind of licence for which application is to be made.

5 E+W The notice required by sub-paragraph (a) of paragraph 1 of this Schedule to be given to the proper local authority shall be given—

[F3 (a) if the premises to be licensed are [F4 in England but] outside Greater London, to the proper officer of the district council, and

[F5 (aa) if the premises to be licensed are in Wales, to the proper officer of the county council or county borough council; and]

(b) if the premises to be licensed are in a parish, to the proper officer of the parish council or, where there is no parish council, to the chairman of the parish meeting; and

(c) if the premises are in a community where there is a community council, to the proper officer of that council.]and, in the case of a new licence or a removal, shall also be given to the authority discharging in the area where those premises are situated the functions of fire authority under the M1 Fire Services Act 1947.

Textual Amendments

F3 Para. 5(a)–(c) substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 25 para. 6

F4 Words in Sch. 2 para. 5(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(6)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

F5 Sch. 2 para. 5(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(6)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

Marginal Citations

M1 1947 c. 41 (50).

6 E+W The [F6 chief executive] to the licensing justices shall for each licensing sessions keep a list of the persons giving notice under this Schedule of their intention to apply for the grant of a justices’ licence; and the list shall show the name and address of the applicant, the nature of the application and the situation of the premises to be licensed and for the fourteen days preceding the sessions shall at all reasonable times be open to inspection, by any person on payment of the appropriate fee (if any) and, without payment, by any officer of Customs and Excise.

Textual Amendments

F6 Words in Sch. 2 para. 6 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 51(c) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

7 E+W Where the applicant for the grant of a justices’ licence has, through inadvertence or misadventure, failed to comply with the requirements of the preceding paragraphs of this Schedule, the licensing justices may, upon such terms as they think fit, postpone consideration of his application; and, if on the postponed consideration they are satisfied that any terms so imposed have been complied with, they may deal with the application as if the applicant had complied with those requirements.

8 E+W On the consideration of an application for a justices’ licence the applicant shall, if so required by the licensing justices, attend in person, and licensing justices may postpone consideration of an application until the applicant does so attend; but he shall not be required to attend in the case of a renewal unless objection is made to the renewal.

9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 2 para. 9 repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4