Licensing Act 1964 (repealed)

[F1 Notice of application E+W

Textual Amendments

F1 Sch. 8A inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 3(4)

1 (1) A person intending to apply to licensing justices for the making, variation or revocation of a restriction order with respect to any premises or part of any premises shall give notice of his intention to the [F2 chief executive] to the licensing justices and— E+W

(a) in the case of an application for the making of an order, to the appropriate person in relation to the premises; and

(b) in the case of an application for the variation or revocation of an order—

(i) to the chief office of police; and

(ii) subject to sub-paragraph (3) below, to the person or, if more than one, each of the persons on whose application the order was made.

(2) The reference in sub-paragraph (1) above to the person or persons on whose application a restriction order was made is, in relation to any person who applied by virtue of a position held by him, a reference to the holder for the time being of that position.

(3) Notice under this paragraph in the case of an application for the variation or revocation of a restriction order is not required to be given to a person on whose application the order was made if that person is no longer entitled to apply for the making of a restriction order with respect to the premises or, if he applied by virtue of a position held by him, it is not a position which is any longer held in the neighbourhood; and the obligation to give a person notice is discharged by giving it to him at his last known address.

(4) Notice under this paragraph shall be in writing and specify in general terms the grounds of the application.

(5) Notice under this paragraph shall be given not later than 21 days before the commencement of the licensing sessions at which the application is to be made.

(6) Licensing justices shall not hear an application for the making, variation or revocation of a restriction order unless notice under this paragraph has been duly given.

(7) For the purposes of this paragraph, the following person is the appropriate person in relation to the following premises—

(a) in the case of a theatre, the proprietor;

(b) in the case of any other licensed premises, the holder of the justices’ licence; and

(c) in the case of premises for which a canteen licence is in force, the holder of the canteen licence.]

Textual Amendments

F2 Words in Sch. 8A para. 1(1) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 53(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)