Licensing Act 1964 (repealed)

201 Interpretation of other expressions. E+W

(1) In this Act, unless the context otherwise requires—

• “bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor;

• “canteen”, except in Part X of this Act and in the expressions “canteen licence" and “licensed canteen", means a canteen in which the sale or supply of intoxicating liquor is carried on under the authority of the Secretary of State;

• “canteen licence” has the meaning assigned to it by section 148(1) of this Act;

• [F1 “cider” includes perry;]

• “club premises” has the meaning assigned to it by section 39(6) of this Act;

• “the Commissioners” means the Commissioners of Customs and Excise;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• “development corporation” has the same meaning as in [F3 the M1 New Towns Act 1981];

• “early-closing licence” has the meaning assigned to it by section 65(2) of this Act;

• “enactment” includes an enactment contained in any order, regulation or other instrument having effect by virtue of an Act;

• “the general licensing hours” has the meaning assigned to it by section 60(5) of this Act;

• “general order of exemption” has the meaning assigned to it by section 74(1) of this Act;

• “grant” in relation to a justices’ licence includes a grant by way of renewal, transfer or removal and “application” shall be construed accordingly;

• [F4 “intoxicating liquor” means spirits, wine, beer, cider, and any other fermented, distilled or spirituous liquor [F5 but does not include—

  (a)

  [F6 any liquor which, whether made on the premises of a brewer for sale or elsewhere, is found on analysis of a sample thereof at any time to be of an original gravity not exceeding 10165 and of a strength not exceeding 1·2 per cent;]

  (a)

  [F6 any liquor which is of a strength not exceeding 0.5 per cent at the time of the sale or other conduct in question;]

  (b)

  perfumes;

  (c)

  flavouring essences recognised by the Commissioners as not being intended for consumption as or with dutiable alcoholic liquor:

  (d)

  spirits, wine or made-wine so medicated as to be, in the opinion of the Commissioners, intended for use as a medicine and not as a beverage;

• and expressions used in paragraphs (a) and (d) above shall have the same meaning as in the M2 Alcoholic Liquor Duties Act 1979.]

• “licensed canteen” means a canteen within the meaning of Part X of this Act in respect of which a canteen licence is in force;

• [F7 “licensing period” has the meaning assigned to it by section 26(5) of this Act;]

• “mess” means an authorised mess of members of Her Majesty’s naval, military or air forces;

• [F8 “the metropolis” means an area consisting of the inner London area within the meaning of the [F9 Justices of the M3 Peace Act 1979] and the City of London];

• “the Minister” means [F10 the Secretary of State];

• [F11 “occasional licence” means a licence granted under section 180 of this Act;]

• “old on-licence” has the meaning assigned to it by section 12(1) of this Act;

• “ordinary removal” has the meaning assigned to it by section 5(6) of this Act;

• “Part IV licence” has the meaning assigned to it by section 93 of this Act;

• “planning removal” has the meaning assigned to it by section 121(2) of this Act;

• “registered”, in relation to a club, has the meaning assigned to it by section 40(1) of this Act;

• “registered owner” has the meaning assigned to it by section 32(3) of this Act;

• “residential licence”, “residential and restaurant licence” and “restaurant licence” have the meanings assigned to them by section 94 of this Act;

• [F12 “restriction order” has the meaning assigned to it by section 67A(2) of this Act;]

• [F13 “sale by retail”, in relation to any intoxicating liquor, means a sale of any liquor at any one time to any one person, except where the sale is—

(a) to a trader for the purposes of his trade;

(b) to a registered club for the purposes of the club;

(c) to any canteen or mess;

(d) to the holder of an occasional permission within the meaning of the Licensing (Occasional Permissions) Act M4 1983 for the purposes of sales authorised by that permission; or

(e) of not less than the following quantities—

(i) in the case of spirits, wine or made-wine, 9 litres or 1 case; or

(ii) in the case of beer or cider, 20 litres or 2 cases.

• and is made from premises owned by the vendor, or occupied by him under a lease to which the provisions of Part 2 of the Landlord and Tenant Act 1954 apply.]

• “seasonal licence” has the meaning assigned to it by section 64(2) of this Act;

• “secretary”, in relation to a club, includes any officer of the club or other person performing the duties of a secretary and, in relation to a proprietary club where there is no secretary, the proprietor of the club;

• “six-day licence” has the meaning assigned to it by section 65(2) of this Act;

• “special hours certificate” means a certificate granted under section 77 or section 78 of this Act;

• “special order of exemption” has the meaning assigned to it by section 74(4) of this Act;

• “special removal” has the meaning assigned to it by section 15(2) of this Act;

• “statutory regulations for music and dancing” means—

  (i)

  [F14 Schedule 12 to the London Government Act 1963; or

  (ii)

  Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982;]

• “table meal” means a meal eaten by a person seated at a table, or at a counter or other structure which serves the purpose of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table;

• “temporary premises removal” has the meaning assigned to it by section 126(2) of this Act;

• F15 “wine” means wine or made-wine as defined by section 1 of the Alcoholic Liquor Duties Act 1979.]

(2) For the purposes of this Act a person shal be treated as residing in any premises, notwithstanding that he occupies sleeping accommodation in a separate building, if he is provided with that accommodation in the course of a business of providing board and lodging for reward at those premises and the building is habitually used for the purpose by way of annexe or overflow in connection with those premises and is occupied and managed with those premises.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(4) Any provision in the Act requiring or authorising notice to be given to the chief officer of police shall be construed as requiring or authorising the notice to be given—

(a) if the premises to which the notice relates (that is to say, in the case of an application for a licence, the premises to be licensed) are in the City of London, to the Commissioner of Police for for the City;

(b) if the premises are in the metropolitan police district, to the Commissioner of Police of the Metropolis;

(c) if the premises are in any other police area to the chief constable for that area.

(5) Except where the context otherwise requires, references in this Act to any enactment are references to that enactment as amended, and include references thereto as extended or applied, by any other enactment, including this Act.

Textual Amendments

F1 Definition inserted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 22(a)

F2 Definition repealed by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I

F3 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

F4 Definition substituted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 22(b)

F5 Words substituted by Finance Act 1981 (c. 35, SIF 40:1), s. 11(2)(c), Sch. 8 para. 25

F6 In the definition of “intoxicating liquor" para. (a) commencing “ any liquor which is of a strength" substituted (prosp. or 1.1.1994) for para. (a) commencing “any liquor which, whether made" by Licensing (Low Alcohol Drinks) Act 1990 (c. 21, SIF 68A:1, 2), ss. 1, 3(2)

F7 Definition inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 11(4)

F8 Definition substituted by Administration of Justice Act 1964 (c. 42, SIF 82), Sch. 3 Pt. II para. 31(4)

F9 Words substituted by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 2 para. 11

F10 Words substituted by virtue of (W.) S.I. 1965/319, arts. 2, 10, Sch. 1 and (E.) 1970/1681, arts. 2(1), 6(3)

F11 Definition substituted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 22(c)

F12 Definition inserted by Licensing Act 1988 (c. 17, SIF 68A:1), ss. 3(3), 20(3)

F13 Definition substituted by Licensing (Retail Sales) Act 1988 (c. 25, SIF 68A:1) ss. 1(1), 4(2)

F14 Words substituted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 2 para. 6

F15 Definition inserted by Alcoholic Liquor Duties Act 1979 (c. 4, SIF 40:1), Sch. 3 para. 5(1)(3)(b)

F16 S. 201(3) repealed by Administration of Justice Act 1964 (c. 42, SIF 82), Sch. 5

Modifications etc. (not altering text)

C1 S. 201 extended by Licensing (Occasional Permissions) Act 1983 (c. 24, SIF 63A:1), s. 4(2)(e)

C2 Para. (e) of definition of “sale by retail" explained by Licensing (Retail Sales) Act 1988 (c. 25, SIF 68A:1), ss. 1(2), 4(2)

Marginal Citations

M1 1981 c. 64 (123:3).

M2 1979 c. 4 (40:1).

M3 1979 c. 55 (82).

M4 1983 c.24(68A:1).