Licensing Act 1964 (repealed)

Miscellaneous E+W

86 Permitted hours in off-sales department of on-licensed premises. E+W

(1) If licensing justices are of opinion, in the case of any premises for which a justices’ on-licence is to be or has been granted, that a specified part of the premises is structurally adapted for the sale of intoxicating liquor for consumption off the premises, they shall at the request of the person applying for the licence or on an application by the holder insert in the licence a condition that the specified part shall not be used for the sale or supply of intoxicating liquor for consumption on the premises; and while—

(a) the licence is subject to the condition; and

(b) the specified part is not connected by any internal communication open to customers with a part of the licensed premises used for the sale or supply of intoxicating liquor for consumption on the premises;

the permitted hours in the specified part shall be the same as in premises licensed for sales for consumption off the premises only, whatever the permitted hours in any other part of the licensed premises may be.

(2) Licensing justices may vary or revoke any such condition either on an application by the holder of the licence or on the renewal or transfer of the licence and at the request of the person applying for the renewal or transfer.

[F1 86A International ports. E+W

(1) At a port where this section is in operation section 59 of this Act shall not apply to licensed premises within an approved wharf.

(2) The Secretary of State may by order bring this section into operation at any port which appears to him to be one at which there is a substantial amount of international passenger traffic.

(3) Before the Secretary of State makes an order bringing this section into operation at a port, he shall satisfy himself that arrangements have been made for affording reasonable facilities on licensed premises within any approved wharf at that port for obtaining hot and cold beverages other than intoxicating liquor at all times when intoxicating liquor is obtainable on those premises.

(4) If it appears to the Secretary of State that at any port where this section is in operation such arrangements as are mentioned in subsection (3) of this section are not being maintained, he shall revoke the order bringing this section into operation at that port, but without prejudice to his power of making a further order with respect to that port.

(5) In this section, “approved wharf” has the same meaning as in the Customs and M1 Excise Management Act 1979.]

Textual Amendments

F1 S. 86A inserted (3.11.1994) by 1994 c. 40, ss. 18(1), 82(3)

Marginal Citations

M1 1979 c. 2.

87 International airports. E+W

(1) At an airport where this section is in operation section 59 of this Act shall not apply to licensed premises which are within the examination station approved for the airport under [F2 section 22 of the M2 Customs and Excise Management Act 1979].

(2) This section is, at the commencement of this Act, in operation at any airport at which, immediately before that commencement, the M3 Licensing (Airports) Act 1956 was in operation, and the Minister of Aviation may by order bring this section into operation at any airport which appears to him to be one at which there is a substantial amount of international passenger traffic; and may revoke any such order, and any order under the said Act of 1956, by a subsequent order under this section.

(3) Before the Minister makes an order bringing this section into operation at an airport, he shall satisfy himself that arrangements have been made for affording reasonable facilities on licensed premises within the said examination station at the airport for obtaining hot and cold beverages other than intoxicating liquor at all times when intoxicating liquor is obtainable on those premises, and if it appears to him that at any airport where this section is in operation such arrangements are not being maintained, he shall revoke the order with respect to that airport, but without prejudice to his power of making a further order with respect to that airport.

Textual Amendments

F2 Words substituted by Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 12 Table Pt. I

Modifications etc. (not altering text)

C1 S. 87 brought into operation at certain additional airports by S.I.s 1985/653, 1730, 1986/525, 971, 1987/1982, 1990/1043

C2 S. 87 extended with modifications by S.I. 1972/971, art. 5, Sch. 2; brought into operation at certain airports by S.I. 1983/1217, art. 2, Sch. 1

Marginal Citations

M2 1979 c. 2 (40:1).

M3 1956 c. 37.

[F3 87A Power to vary permitted hours in on-licensed vineyard premises. E+W

(1) Licensing justices, on an application by the holder of a justices’ on-licence for any premises which form part of a vineyard, may make an order varying the permitted hours in those premises if, after hearing evidence, they are satisfied—

(a) that the sale of intoxicating liquor on the premises is ancillary to the carrying on of a business of producing wine from grapes grown in the vineyard; and

(b) that it is desirable to make an order under this section for the accommodation of persons visiting the vineyard.

(2) An order under this section may vary the permitted hours either generally or for such days or part or parts of the year as the licensing justices think fit.

(3) In making an order under this section with respect to permitted hours on weekdays, other than Christmas Day or Good Friday, licensing justices may not so vary the hours as to make them exceed in total more than twelve hours on any day.

(4) In making an order under this section with respect to permitted hours on Sundays [F4 , other than Christmas Day, or on] Good Friday, licensing justices may not so vary the hours as to make them—

(a) begin before twelve noon; or

(b) exceed in total more than [F5 nine] and a half hours on any day.

[F6 (4A) In making an order under this section with respect to the permitted hours on Christmas Day, licensing justices may not so vary the hours as to make them—

(a) begin before twelve noon; or

(b) exceed in total more than five and a half hours.]

(5) A person intending to apply for an order under this section shall give notice in writing of his intention to the clerk to the licensing justices and the chief officer of police at least 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 an order under this section unless notice under subsection (5) of this section has been duly given.

(7) Licensing justices may revoke or vary an order under this section; but, unless it is proved that the holder of the justices’ on-licence had notice of the revocation or variation, a person shall not be guilty of an offence under section 59 of this Act in doing anything that would have been lawful had the revocation or variation not been made.]

Textual Amendments

F3 S. 87A inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 8

F4 Words in s. 87A(4) substituted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 5(a)(i); S.I. 1995/1930, art. 2

F5 Word in s. 87A(4)(b) substituted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 5(a)(ii); S.I. 1995/1930, art. 2

F6 S. 87A(4A) inserted (6.8.1995) by 1995 c. 33, s. 4(1), Sch. 1 para. 5(b); S.I. 1995/1930, art. 2

88 Saving as to Sunday observance. E+W

Where, by virtue of section 70 of this Act or under a special hours certificate, the permitted hours on a Saturday in any licensed premises or part of licensed premises extend beyond midnight, nothing in the M4 Sunday Observance Act 1780 shall apply—

(a) where section 70 of this Act applies to the premises or part, by reason of the provision there of entertainment (in addition to substantial refreshment),

(b) where a special hours certificate is in force for the premises or part, by reason of the provision there of music and dancing,

before the end of those permitted hours.

Marginal Citations

M4 1780 c. 49 (45A).