Licensing Act 1964 (repealed)

SCHEDULE 11 E+W Licensing Planning Committees

Modifications etc. (not altering text)

C1 References to administrative county of London to be construed as references to Metropolis and references to county of London or London as references to inner London area: Administration of Justice Act 1964 (c. 42), Sch. 3 Pt. II para. 31(5)

C2 Sch. 11: functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

General provisions E+W

1 E+W A licensing planning committee shall consist of—

(a) a chairman appointed by the Secretary of State;

(b) members appointed from among their number by the licensing justices having jurisdiction in the area;

(c) members appointed by the local planning authorities having jurisdiction in the area.

2 (1) The members of a licensing planning committee appointed under sub-paragraphs (b) and (c) of paragraph 1 of this Schedule shall be equal in number; but subject thereto the number of members of any such committee shall be determined by the order constituting the area. E+W

(2) Where there is more than one body of licensing justices or more than one local planning authority having jurisdiction in a licensing planning area, the order constituting the area shall specify how many members are to be appointed by each body of justices or local planning authority.

3 E+W The appointment of a member of a licensing planning committee shall be for a term of three years, and shall be subject to such conditions as the Secretary of State may determine, except that a member appointed to fill a casual vacancy shall hold office only until the end of the term of office of the person in whose place he was appointed.

4 E+W The provisions of paragraph 3 of this Schedule shall be subject to the termination of the appointment . . . F1 , by the variation under section 120 of this Act of the licensing planning area or by the revocation under that section of the order constituting the area.

Textual Amendments

F1 Words repealed by Expiring Laws Continuance Act 1970 (c. 58), s. 1(2)

5 E+W If the votes are equal on any question the chairman shall have a casting vote; but subject thereto the chairman shall not vote.

6 E+W The proceedings of a licensing planning committee shall not be invalidated by reason of any vacancy in the committee or any defect in the appointment of a member of the committee.

7 E+W The [F2 chief executive] to the licensing justices for the licensing district constituting or including the area, or, where the area includes the whole or part of two or more licensing [F2 districts for which there are different chief executives, the chief executive] for such one of those licensing districts as may be specified in the order, shall, by virtue of his office, be the secretary of the committee.

Textual Amendments

F2 Words in Sch. 11 para. 7 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 54 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

8 E+W An order constituting a licensing planning area may provide—

(a) for the appointment of sub-committees of the licensing planning committee for the area;

(b) for authorising or requiring such matters as the order may specify to be referred by the committee to those sub-committees.

9 E+W Where an order under section 120 of this Act adds a licensing district or part of a licensing district to a licensing planning area, and the order provides for the appointment of additional members of the licensing planning committee by the licensing justices or a local planning authority having jurisdiction in the added district or part, the order may vary the provisions of the original order constituting the district so as to limit the right of the additional members to vote as members of the licensing planning committee to such matters relating to the added district or part of a district as the order may specify.

10 E+W So far as any order makes any provision authorised by paragraph 8 or 9 of this Schedule, it may be varied or revoked by a subsequent order of the Secretary of State made after consultation with the licensing planning committee for the area in question.

11—16. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 11 paras. 11–16 repealed by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 42, Sch. 4 Pt. I