Part IIIE+W Permitted Hours

Supplementary provisionsE+W

89 Duty of licensee to post notice where permitted hours modified.E+W

(1)Where the permitted hours in any licensed premises or part of licensed premises depend to any extent on a general order of exemption [F1, an order under section 87A of this Act] or on any provision of section 68, 70 or 76 of this Act, the holder of the licence shall keep posted in some conspicuous place there a notice stating the effect of the order or provision applying and, if it applies on certain days only, stating the days on which it applies.

(2)A person contravening this section shall be liable to a fine not exceeding [F2level 1 on the standard scale].

Textual Amendments

90 Opening during permitted hours not obligatory.E+W

Nothing in this Act shall be taken to require licensed premises to be open for the sale of intoxicating liquor or for any other purpose during the permitted hours, except in so far as they are so required by any conditions attached to the licence.

91 Procedure of licensing justices.E+W

The Secretary of State may make rules prescribing the procedure on applications to licensing justices under section 77 [F3, [F477A,] 78A, 81 [F5, 81A or 81AA]] of this Act and the procedure for the exercise of the powers of licensing justices under sections 68 and 70 to 73 of this Act.

Textual Amendments

F4Words in s. 91 inserted (1.5.1996) by S.I. 1996/977, art. 5(6)

F5Words in s. 91 substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 14

92 Meaning of the magistrates’ court in relation to clubs, and procedure on applications to magistrates’ courts.E+W

(1)In this Part of this Act “the magistrates’ court” means, in relation to any club premises, a magistrates’ court having jurisdiction in relation to the issue and renewal of the club’s registration certificate for the premises.

(2)The following applications to a magistrates’ court under this Part of this Act shall be made by way of complaint against the club, that is to say,—

(a)an application for a declaration under section 69(1)(b) of this Act;

(b)an application for the revocation of an order under section 70 of this Act made by a magistrates’ court;

(c)an application for the revocation of a special hours certificate granted under section 78 [F6or 78ZA] of this Act.

[F7(d)an application under section 81AA of this Act for the variation of a special hours certificate .]

(3)Subject to paragraph 18 of Schedule 6 to this Act, paragraphs 13 and 14 of that Schedule shall apply in relation to any complaint made by virtue of subsection (2) of this section as they apply in relation to a complaint for the cancellation or variation of a registration certificate.

(4)In relation to any application relating to club premises made to a magistrates’ court under this Part of this Act, other than an application mentioned in subsection (2) of this section, section 46(2) of this Act and paragraphs 1 to 10, 11(1) and 16 of Schedule 6 to this Act shall (subject to paragraph 18 of that Schedule) apply with any necessary modifications as they apply in relation to applications for the issue of a registration certificate, . . . F8

Textual Amendments

F6Words in s. 92(2)(c) inserted (1.5.1996) by S.I. 1996/977, art. 5(7)