Licensing Act 1964 (repealed)

SCHEDULE 1 E+W Constitution and Procedure of Licensing Justices

Part I E+W Licensing Committees

1 E+W A licensing committee shall be appointed in the month of October, November or December for the year beginning with the following 1st January.

2 E+W A licensing committee shall consist of such number of members as the justices appointing the committee may determine, not being less than five nor more than [F1 twenty or such larger number as is for the time being authorised under para. 2A below.]

Textual Amendments

F1 Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 14(3)(a)

[F2 2A E+W The Secretary of State may direct that such number greater than twenty as is specified in the direction shall be the maximum number of members of licensing committees and a direction under this paragraph may apply to the committees for licensing districts specified in the direction and, where it does so apply, may specify different numbers for the committees for different districts.]

Textual Amendments

F2 Sch. 1 para. 2A inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 14(3)(6)

3 E+W A casual vacancy arising in a licensing committee from death, resignation or otherwise may be filled by the justices by whom the committee is appointed.

4 E+W The quorum of a licensing committee shall be three.

5 E+W The members of the committee retiring at the end of a year may be re-appointed; and, if members are not appointed in any year to succeed the retiring members, the retiring members may continue to act until their successors are appointed.

6 E+W Notwithstanding anything in section 2(2) of this Act, where, in the case of any licensing district F3 ..., the total number of justices [F4 acting in the local justice area] forming the district (excluding any who are disqualified under subsections (1) to (3) of section 193 of this Act) is less than ten, the committee for that district may, if the justices so determine, consist of all of them.

Textual Amendments

F3 Words in Sch. 1 para. 6 omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 30(a)

F4 Words in Sch. 1 para. 6 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 30(a)

Part II E+W Licensing Sessions

7 E+W The licensing sessions of each twelve months beginning with February shall be held at as nearly regular intervals as may be, and the general annual licensing meeting shall be held in the first fortnight of February.

8 E+W The licensing justices shall appoint the day, time and place for holding the licensing sessions of each twelve months at a meeting held not less than twenty-one days before the day appointed for the general annual licensing meeting or, in the case of the transfer sessions, either at that meeting or at the general annual licensing meeting.

9 E+W The licensing justices may for the general annual licensing meeting appoint different days for different parts of the licensing district, and, if they do, may appoint different places also.

10 E+W A licensing sessions may, for the purpose of dealing with business not disposed of, be from time to time continued by adjournment beyond the day appointed for the holding of the sessions; but no new application may be made at any adjourned sessions and references in this Act or any other enactment (in whatever terms) to the day or first day of a licensing sessions and to the conclusion of a licensing sessions shall be taken as referring to the day appointed for holding the sessions and to the conclusion of the proceedings on that day (and, in the case of a general annual licensing meeting for which different days are appointed for different parts of the licensing district, as having reference to the one appointed for the relevant part of the district).

11 E+W When licensing justices have appointed the time and place for the holding of any licensing sessions, [F5 the [F6 designated officer for] the licensing justices shall] advertise notice of it in a newspaper circulating in the licensing district, and shall send notice of it—

(a) to every member of the licensing committee;

(b) to every holder of a justices’ licence or canteen licence in the licensing district;

(c) to every person who gives or has previously [F7 given the chief executive]notice of his intention to apply for such a licence at those sessions;

(d) to the chief officer of police for the police area or each of the police areas in which the licensing district or any part of it is situated.

Textual Amendments

F5 Words in Sch. 1 para. 11 substituted (1.4.2001) by S.I. 2001/618, art. 2(3)(a)

F6 Words in Sch. 1 para. 11 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 30(b)

F7 Words in Sch. 1 para. 11(c) substituted (1.4.2001) by S.I. 2001/618, art. 2(3)(b)