Licensing Act 1964 (repealed)

SCHEDULE 14 E+W Transitional Provisions

1 E+W Any reference in any enactment or document, whether expressed or implied, to any enactment repealed by this Act or to any provision contained in any such enactment, or having effect as such a reference, shall be construed as a reference to this Act or, as the case may be, to the corresponding provision of this Act.

2 E+W Any regulation, order, rule, licence, appointment, direction, certificate or notice made or given, or other thing done, or having effect as being made, given or done under any provision contained in an enactment repealed by this Act shall have effect as if it had been made, given or done under the corresponding provision of this Act.

3 E+W A conviction of an offence under an enactment repealed by this Act or by an enactment so repealed shall be treated, for the purposes of this Act . . . F1 , as a conviction of an offence under the corresponding provision of this Act.

Textual Amendments

F1 Words repealed by Refreshment Houses Act 1964 (c. 88, SIF 69A:1), Sch. para. 2(2)

4 E+W Without prejudice to paragraph 3 of this Schedule, for the purposes of section 169(8) of this Act a conviction of an offence under section 21 of the M1 Licensing Act 1961, section 128 or subsection (1), (4) or (5) of section 129 of the M2 Licensing Act 1953 (or under any of those enactments as applied by the M3 Licensing (Seamen’s Canteens) Act 1954 or by the M4 Occasional Licences and Young Persons Act 1956) shall be taken into account in the same way as a conviction of an offence under section 169 of this Act other than an offence under subsection (2) of that section.

Marginal Citations

M1 1961 c. 61.

M2 1953 c. 46.

M3 1954 c. 11.

M4 1956 c. 42.

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Textual Amendments

F2 Sch. 14 paras. 5, 7 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XVII

6 (1) Where at the commencement of this Act a justices’ licence granted for a term other than twelve months is in force or in suspense, the following provisions of this paragraph shall apply. E+W

(2) Any licence granted by way of transfer (directly or indirectly) of the licence shall be granted to have effect for a period ending with the term for which the licence was granted.

(3) An application for the regrant of the licence shall be treated as an application for a new licence and not as an application for the renewal of the licence, but section 123(1) of this Act shall not apply to the regrant.

(4) The circumstances in which the licence may be forfeited shall include the following, that is to say, it may be forfeited—

(a) by an order of a magistrates’ court made on complaint, where the court is satisfied that a condition attached, under a previous enactment corresponding to section 4(1) of this Act, to the grant of the licence has not been complied with;

(b) by order of any court by or before which the holder of the licence is convicted of any offence committed by him as such.

(5) A person aggrieved by an order of a magistrates’ court under sub-paragraph (4) of this paragraph may appeal to a court of quarter sessions.

(6) Section 10(3) of this Act shall have effect, in relation to the licence, as if the cases mentioned therein as enabling justices of the peace to grant a protection order included any forfeiture of the licence under this Act.

(7) In relation to the licence sections 133(3) and 142(3) of this Act shall have effect as if the 5th April mentioned therein were the 5th April next following the first day of the general licensing meeting after a period beginning on the last day of the term for which the licence was granted and equal to the time during which the licence was in suspense (whether by virtue of section 132 of this Act or a corresponding enactment previously in force or by virtue of section 141 of this Act or a corresponding enactment previously in force or partly by virtue of the one and partly by virtue of the other).

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Textual Amendments

F3 Sch. 14 paras. 5, 7 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XVII

8 E+W The mention of particular matters in this Schedule shall be without prejudice to the general application of [F4 sections 16(1) and 17(2)(a) of the M5 Interpretation Act 1978] (which relates to the effect of repeals).

Textual Amendments

F4 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(2)

Marginal Citations

M5 1978 c. 30 (115:1).