Licensing Act 1988

5 Discretion with respect to grant, and limitation, of special hours certificates.

(1) In sections 77 and 78 of the principal Act (duty, subject to specified conditions, to grant special hours certificates for licensed premises and clubs respectively)—

(a) for the word “shall” there shall be substituted the word “may”; and

(b) after the word “grant” there shall be inserted the words “, with or without limitations,”.

(2) The following section shall be inserted after section 78 of that Act—

“78A Limitations on special hours certificates

(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.”

(3) In section 80 of that Act (certificates limited to particular days or periods)—

(a) subsection (2) shall cease to have effect; and

(b) in subsection (3), for the words “subsection (2) of this section” there shall be substituted the words “section 78A of this Act”.

(4) For section 81A of that Act (special hours certificates: restriction of hours) there shall be substituted the following section—

“81A Special hours certificates: further powers to impose limitations as to hours

(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.”

(5) In section 81B(1) of that Act (special hours certificates: appeals) after the words “magistrates' court” there shall be inserted the following—

“(a) not to grant a special hours certificate under section 77 or 78 of this Act;”

and paragraph (a) shall become paragraph (aa) of that subsection.