The Deregulation (Licence Transfers) Order 1998

Interim authorities

3.—(1) After section 9 of the Licensing Act 1964 there shall be inserted—

“Interim authorities

Interim authorities.

9A.— (1) This section applies where the power of licensing justices to transfer a justices' licence for any premises is exercisable by virtue of section 8(1) of this Act.

(2) If the licensing justices are satisfied, on application made by notice in writing to the clerk to the licensing justices and to the chief officer of police, that the applicant—

(a) is a fit and proper person, and

(b) is not disqualified under this or any other Act for holding a justices' licence,

the justices may grant him an authority (in this Act referred to as an “interim authority”) conferring in respect of the premises the same authority as that conferred by the justices' licence.

(3) An interim authority shall be granted for a period of 28 days beginning with such date as may be specified in it.

(4) If during the period for which an interim authority granted to any person is in force, an application for the transfer of the justices' licence is made (whether by him or by any other person), the interim authority shall continue in force until the application is disposed of.

(5) While an interim authority in respect of any premises is in force, the enactments relating to the sale of intoxicating liquor and to licensed premises (other than those relating to the renewal or transfer of licences or to protection orders) shall apply to the person granted the authority as if he were the holder of the justices' licence.

(6) The power conferred on licensing justices by subsection (2) of this section—

(a) shall not be exercisable in relation to premises which are already the subject of an interim authority, and

(b) shall not be exercisable more than twice in relation to each occasion on which the power to transfer a justices' licence becomes exercisable as mentioned in subsection (1) of this section.

Supplementary provisions relating to interim authorities.

9B.— (1) Where an application for an interim authority is made under section 9A of this Act within seven days of the power of the licensing justices to transfer a justices' licence becoming exercisable by virtue of section 8(1) of this Act—

(a) an interim authority shall be deemed to have been granted in respect of the premises; and

(b) subject to subsection (2) of this section, that authority shall remain in force for a period of 14 days beginning with the date of the application.

(2) An interim authority deemed to have been granted by virtue of subsection (1) of this section shall cease to have effect if, within the period of 14 days mentioned in that subsection—

(a) the chief officer of police, or

(b) an officer of police designated by him,

by notice in writing served on the applicant and the licensing justices, objects to the granting of an interim authority under section 9A of this Act.

(3) The power conferred on licensing justices by section 9A of this Act—

(a) may be exercised by a single justice, and

(b) may be exercised otherwise than at licensing sessions.

(4) A justice to whom application is made under section 9A of this Act for an interim authority may examine the applicant on oath.”.

(2) In section 201(1) of that Act (interpretation of other expressions), after the definition of “grant” there shall be inserted the following definition—

• ““interim authority” has the meaning assigned to it by section 9A(2) of this Act;”.