Licensing Act 1988 (repealed)

SCHEDULES

Section 1.

SCHEDULE 1 E+W Amendments of the Principal Act Consequential on Section 1

F1 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 1 repealed (6.8.1995) by 1995 c. 33, s. 4(2), Sch.2; S.I. 1995/1930, art.2

2 E+W In section 60(5) (definition of “general licensing hours”) for the words “subsections (2) to” there shall be substituted the word “ subsection ”.

3 E+W In section 61 (orders varying permitted hours)—

(a) in subsection (1), for the words “subsections (3) and” there shall be substituted the word “ subsection ”; and

(b) for the words “either of those subsections”, in each place where they occur, there shall be substituted the words “ that subsection ”.

F2 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 para. 4 repealed (6.8.1995) by 1995 c. 33, s. 4(2), Sch.2; S.I. 1995/1930, art.2

5 E+W In section 68(1)(a) (extension of permitted hours in restaurants etc. to include the afternoon break), for the words after “period” there shall be substituted the words “ , on Sundays, Christmas Day and Good Friday, between the first and second parts of the general licensing hours; ”.

Section 3.

SCHEDULE 2 E+W Restriction Orders: Procedure

Schedule Inserted after Schedule 8 to the Principal Act

Sections 67A and 67C.

“SCHEDULE 8A E+W Procedure for Making, Varying or Revoking Restriction Orders

Part I E+W Applications to Licensing Justices

Notice of application E+W

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 clerk to the licensing justices and—

(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 officer 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.

Objections to applications for variation or revocation E+W

2 (1) A person intending to oppose an application to licensing justices for the variation or revocation of a restriction order shall give notice of his intention to the applicant.

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

(3) Notice under this paragraph shall be given not later than 7 days before the commencement of the licensing sessions at which the application is to be made.

(4) Except as provided by sub-paragraph (5) below, licensing justices shall not entertain an objection unless notice under this paragraph has been duly given.

(5) Where an objection of which notice under this paragraph has not been duly given is made to an application, the justices may adjourn consideration of the application to a day which they shall notify to the applicant and the objector and on that day the justices shall hear the application and the objection as if notice under this paragraph had been duly given.

Evidence E+W

3 Evidence given on an application to licensing justices for the making, variation or revocation of a restriction order shall be given on oath.

Part II E+W Applications to Magistrates’ Courts

Notice of application E+W

4 (1) A magistrates’ court shall not hear an application for the making, variation or revocation of a restriction order with respect to any premises unless satisfied that the applicant has given at least 21 days’ notice of his intention to the following persons in accordance with this paragraph.

(2) The persons referred to are the clerk to the justices and—

(a) in the case of an application for the making of an order, the secretary of the club which is registered in respect of the premises to which the application relates; and

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

(i) the chief officer of police ; and

(ii) subject to sub-paragraph (4) below, the person or, if more than one, each of the persons on whose application the order was made.

(3) The reference in sub-paragraph (2) 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.

(4) 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.

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

Objections to applications for variation or revocation E+W

5 (1) A person intending to oppose an application to a magistrates’ court for the variation or revocation of a restriction order shall give at least 7 days’ notice of his intention to the applicant.

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

(3) Except as provided by sub-paragraph (4) below, a magistrates’ court shall not entertain an objection unless notice under this paragraph has been duly given.

(4) Where an objection of which notice under this paragraph has not been duly given is made to an application, the magistrates’ court may adjourn consideration of the application to a day which it shall notify to the applicant and the objector and shall on that day hear the application and the objection as if notice of the objection had been duly given.”

Section 19.

SCHEDULE 3 E+W Minor Amendments of the Principal Act

1 E+W In section 7 (renewal of justices’ licences)—

(a) in subsection (2) (person intending to oppose application for renewal to give written notice of his intention to the applicant), after the word “applicant” there shall be inserted the words “ and the clerk to the licensing justices ”; and

(b) subsection (3) (power to hear objection without notice) shall cease to have effect.

2 E+W In section 9(5) (saving for disqualification under other enactments of premises for receiving a justices’ licence), the words “of subsections (2) and (3)” shall be omitted.

3 E+W In section 21 (appeals)—

(a) in subsection (1) (decisions of licensing justices which may be appealed against), for the word “or” at the end of paragraph (e) there shall be substituted—

“(ee) the revocation of a justices’ licence; or”; and

(b) in subsection (4) (power to extend justices’ licence beyond expiry date), after the word “licence”, in the second place where it occurs, there shall be inserted the words “ or a decision by the licensing justices to revoke it ”.

4 E+W In section 22 (procedural provisions as to appeals), the following subsection shall be inserted after subsection (3)—

“(3A) On an appeal against a decision to revoke a justices’ licence, any person on whose application the licence was revoked shall be respondent in addition to the licensing justices.”

5 E+W In section 23 (powers of Crown Court on appeals), the following subsection shall be inserted after subsection (3)—

“(4) Where the Crown Court allows an appeal against the revocation of a justices’ licence which has been continued in force under section 21(4) of this Act, it may order that the licence shall further continue in force until the date of the next licensing sessions for the district in which the licence is granted.”

6 E+W In section 43(3) (grounds for refusing an application for the issue or renewal of a registration certificate), after the word “forfeiture” there shall be inserted the words “ or revocation ”.

7 E+W In section 65 (six-day and early-closing licences)—

(a) in subsection (1), after the words “on-licence” there shall be inserted the words “ , or on an application by the holder of such a licence, ”; and

(b) for subsection (3) there shall be substituted—

“(3) Licensing justices shall revoke a condition inserted under subsection (1) of this section on an application by the holder of the licence requesting them to do so.”.

8 E+W In section 76 (special hours certificates: permitted hours)—

(a) in subsection (2), for paragraph (c) there shall be substituted—

“(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.”; and

(b) in subsection (4), for the word “ten” there shall be substituted the word “ twenty ”.

9 E+W In section 81B (special hours certificates: appeals)—

(a) in subsection (1), for paragraphs (b) and (c), there shall be substituted the following—

“(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,”; and

(b) the following subsection shall be substituted for subsection (2)—

“(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.”

10 E+W In section 89(1) (duty of licensee to post notice where permitted hours modified), after the words “exemption” there shall be inserted the words “ , an order under section 87A of this Act ”.

11 E+W In section 91 (procedure of licensing justices), for the words “81 or 81A(2)” there shall be substituted the words “ , 78A, 81 or 81A ”.

12 E+W In section 95 (permitted hours in restaurants, etc.), subsection (1) shall cease to have effect.

13 E+W The following section shall be inserted after section 150—

“150A Variation of description of intoxicating liquor authorised to be sold.

If, after giving such notices as the licensing justices may require, the holder of a canteen licence so requests by an application under this section, the licensing justices may vary the description or descriptions of intoxicating liquor authorised to be sold.”

14 E+W In section 151 (renewal of canteen licences)—

(a) in subsection (3), for the words “a general annual licensing meeting” there shall be substituted the words “ the general annual licensing meeting immediately preceding the expiry of the licensing period for which the licence was granted ”; and

(b) in subsection (6), after the word “licence”, in the second place where it occurs, there shall be inserted the words “ and to the clerk to the licensing justices ”.

15 E+W In section 154(1) (appeals in connection with canteen licences)—

(a) in paragraph (d), for the words from “on” to “applicant’s” there shall be substituted the words “ do not comply with a ”; and

(b) the following paragraph shall be inserted after paragraph (e)—

“(ee) revoke a canteen licence under section 153A of this Act; or”.

16 E+W In section 168(3)(a) (due diligence defence), for the word “used” there shall be substituted the words “ exercised all ”.

17 In section 169(1) (selling to persons under 18), for the words “subsections (4) and (10)” there shall be substituted the words “subsection (4)”.

18 E+W In section 185 (duty of holder to produce certain licences and orders on demand) after the words “canteen licence” there shall be inserted the words “ , an order under section 87A of this Act ”.

19 E+W The following section shall be inserted after section 196—

“196A Extension to certain proceedings under this Act of section 97 of the Magistrates’ Courts Act 1980.

(1) For the purposes of section 97 of the Magistrates’ Courts Act 1980 (procuring the attendance of witnesses etc. at the hearing of a complaint) the following proceedings shall be treated as the hearing of a complaint—

(a) proceedings on an application—

(i) for the grant of a justices’ licence;

(ii) for the revocation of a justices’ licence or canteen licence; or

(iii) for the making, variation or revocation of a restriction order; and

(b) proceedings in connection with the excercise by licensing justices of the power to revoke a justices’ licence or canteen licence of their own motion.

(2) Licensing justices before whom any such proceedings as are mentioned in subsection (1) above take place shall be treated for the purposes of section 97 of the Magistrates’ Courts Act 1980 as a magistrates’ court for the petty sessions area constituting the licensing district.”

Section 19.

SCHEDULE 4 E+W Repeals

1964 c. 26.	The Licensing Act 1964.	In section 2(3)(b), the words “nor more than eight”.
		In section 6(4), the words after the end of paragraph (b).
		In section 7—
		in subsection (2), the words “except as provided by subsection (3) of this section”; and
		subsection (3).
		In section 9(5), the words “of subsections (2) and (3)”.
		In section 60—
		in subsection (1)(a), the words “with a break of two and a half hours beginning at three in the afternoon”;
		subsections (2) and (3); and
		in subsection (6), the words “half-past” and “and there shall be no afternoon break”.
		Section 62(2).
		In section 71(3), the words “to be made otherwise than by way of renewal of a previous order (without variation)”.
		In section 72(2), the words “renewed or”.
		In section 73(1), the words “or renewal”.
		Section 80(2).
		In section 92(4), the words from “except” to the end.
		In section 95, the words preceding “paragraph (a) of section 68(1)”.
		Section 151(5).
		In section 169—
		in subsection (1), the word “knowingly”, in the first place where it occurs; and subsection (10).
		In Schedule 2, paragraph 9.
1967 c. 54.	The Finance Act 1967.	In Schedule 7, paragraph 8.
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 6, the entries relating to section 169 of the Licensing Act 1964.
		In Schedule 12, in the entry relating to the Licensing Act 1964, paragraph 2.
1980 c. 43.	The Magistrates’ Courts Act 1980.	In Schedule 7, paragraph 49.
1987 c. 2.	The Licensing (Restaurant Meals) Act 1987.	The whole Act.