Licensing Act 1964 (repealed)

Justices’ licences and provisions as to licensing justices E+W

1 Justices’ licenses. E+W

(1) In this Act . . . F1 “justices’ licence” means a licence under this Part of this Act authorising . . . F1 the sale by retail of intoxicating liquor (and also, in the case of a licence granted to a club for club premises, for its supply to or to the order of members otherwise than by way of sale).

(2) In this Act “justices’ on-licence” and “justices’ off-licence” mean respectively—

(a) a justices’ licence . . . F1 authorising sale for consumption either on or off the premises for which the licence is granted; and

(b) a justices’ licence . . . F1 authorising sale for consumption off those premises only.

(3) A justices’ licence shall be in such form as the Secretary of State may prescribe [F2 and—

(a) in the case of a justices’ on-licence may authorise the sale—

(i) of intoxicating liquor of all descriptions; or

(ii) of beer, cider and wine only; or

(iii) of beer and cider only; or

(iv) of cider only; or

(v) of wine only;

(b) in the case of a justices’ off-licence, may authorise the sale—

(i) of intoxicating liquor of all descriptions; or

(ii) of beer, cider and wine only.]

Textual Amendments

F1 Words repealed by Finance Act 1967 (c. 54, SIF 63:2), Sch. 16 Pt. I

F2 Words substituted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 1

2 Licensing justices and districts. E+W

[F3 (1) The licensing districts for the purposes of this Act shall be the petty sessions areas, within the meaning of [F4 the M1 Magistrates’ Courts Act 1980]].

(2) The licensing justices shall be—

(a) for the City of London, a committee of the justices for the City;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(c) for any other petty sessions area, a committee (which shall be known as the divisional licensing committee) of the county justices acting for that area . . . F6

[F7 (2A) In paragraph (c) of subsection (2) above, the reference to the county justices acting for a petty sessions area includes a reference to the justices of a London commission area (within the meaning of [F8 the Justices of the Peace Act 1997]) who act for a petty sessions area in that area.]

(3) For the purpose of carrying out their functions under this Act the licensing justices for each district shall hold licensing sessions as follows, that is to say,—

(a) a general annual licensing meeting, and

(b) not less than four . . . F9 transfer sessions,

in the twelve months beginning with February in every year.

(4) Except where this Act otherwise provides, all powers exercisable by licensing justices under this Act may be exercised at any licensing sessions, but this subsection shall not affect the operation of any enactment in so far as it expressly authorises licensing justices to act otherwise than at a licensing sessions.

(5) Part I of Schedule 1 to this Act shall have effect with respect to the constitution and procedure of licensing committees and Part II thereof with respect to the holding of licensing sessions.

Textual Amendments

F3 S. 2(1) substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 25 para. 1

F4 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5

F5 S. 2(2)(b) repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

F6 Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

F7 S. 2(2A) inserted by S.I. 1985/1383, art. 8, Sch.

F8 Words in s. 2(2A) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 7(2)

F9 Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), ss. 14(1), 19, Sch. 4

Modifications etc. (not altering text)

C1 S. 2 modified by S.I. 1985/1383, art. 4(4)

C2 S. 2 extended by Licensing (Occasional Permissions) Act 1983 (c.24, SIF 68A:1), s. 4(2)(a)

C3 S. 2(2) modified (E.) (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. II para. 5(2)(m)

S. 2(2) modified (W.) (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. II. para. 7(2)(m)

Marginal Citations

M1 1980 c. 43(82).