(1)On an application for the renewal of a justices’ on-licence the licensing justices may require a plan of the premises to be produced to them and deposited with their clerk, and on renewing such a licence the licensing justices may order that, within a time fixed by the order, such structural alterations shall be made in the part of the premises where intoxicating liquor is sold or consumed as they think reasonably necessary to secure the proper conduct of the business.
(2)The clerk to the licensing justices shall serve on the registered owner of the premises notice of any order made under this section.
(3)Where an order under this section is complied with, licensing justices shall not make a further order under this section within the five years following the first-mentioned order.
(4)If the holder of the licence makes default in complying with an order under this section he shall be guilty of an offence; and he shall be guilty of a further offence for every day on which the default continues after the expiration of the time fixed by the order.
(5)A person guilty of an offence under this section shall be liable to a fine not exceeding [F1level 1 on the standard scale].
(6)The preceding provisions of this section shall apply in relation to a transfer whereby the duration of the licence is extended as they apply in relation to a renewal.
Textual Amendments
F1Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
(1)No alteration shall be made to premises for which a justices’ on-licence is in force if the alteration—
(a)gives increased facilities for drinking in a public or common part of the premises; or
(b)conceals from observation a public or common part of the premises used for drinking; or
(c)affects the communication between the public part of the premises where intoxicating liquor is sold and the remainder of the premises or any street or other public way;
unless the licensing justices have consented to the alteration or the alteration is required by order of some lawful authority.
(2)Before considering an application for their consent under this section, the licensing justices may require plans of the proposed alteration to be deposited with their clerk at such time as they may determine.
(3)If subsection (1) of this section is contravened, a magistrates’ court may by order on complaint declare the licence to be forfeited or direct that within a time fixed by the order the premises shall be restored to their original condition.
(4)The clerk of the court that makes an order under subsection (3) of this section shall, if he is not the clerk to the licensing justices, serve notice of the order on the clerk to the licensing justices; and the clerk to the licensing justices shall serve notice of the order on the registered owner of the premises.
(5)A person aggrieved by an order under subsection (3) of this section may appeal to [F2the Crown Court].
(6)In this section—
(a)“public part” means a part open to customers who are not residents or guests of residents; and
(b)“common part” means a part open generally to all residents or to a particular class of them.
Textual Amendments
F2Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I