Licensing Act 1964

Section 203.

SCHEDULE 14 Transitional Provisions

1 Any reference in any enactment or document, whether expressed or implied, to any enactment repealed by this Act or to any provision contained in any such enactment, or having effect as such a reference, shall be construed as a reference to this Act or, as the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 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given, or other thing done, or having effect as being made, given or done under any provision contained in an enactment repealed by this Act shall have effect as if it had been made, given or done under the corresponding provision of this Act.

3 A conviction of an offence under an enactment repealed by this Act or by an enactment so repealed shall be treated, for the purposes of this Act and of sections 9, 18 and 32 of the Refreshment Houses Act 1860, as a conviction of an offence under the corresponding provision of this Act.

4 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 Licensing Act 1961, section 128 or subsection (1), (4) or (5) of section 129 of the Licensing Act 1953 (or under any of those enactments as applied by the Licensing (Seamen's Canteens) Act 1954 or by the 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.

5 Any disqualification order made before 1st November 1961 under section 26 of the Licensing Act 1949 shall have effect in relation to Part IV licences as it is expressed to have effect in relation to licences under the Refreshment Houses Act 1860; and subsections (3) to (5) of section 101 of this Act shall apply to any such order as they apply to disqualification orders under section 100 of this Act.

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.

(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).

7 (1) Until 1st April 1965 this Act shall have effect subject to the following provisions of this paragraph.

(2) In section 58(1), in paragraph (a), there shall be substituted for the words " London borough " the words " metropolitan borough'' and, in paragraph (b) after the words " borough " there shall be inserted the words " or metropolitan borough ".

(3) In section 98(5)(a), for the words " London borough" there shall be substituted the words " metropolitan borough ".

(4) In section 201, in the definition of "statutory regulations for music and dancing, for paragraph (iii) there shall be substituted the following paragraph:—

“(iii)

section 2 of the Disorderly Houses Act 1751 ; or”

(5) In Schedule 11—

(a) in paragraph 12(c) for the words from " one each " to the end of the paragraph there shall be substituted the words " by the London County Council ";

(b) in paragraph 12(d) for the words " by the Common Council of the City of London " there shall be substituted the words " after consultation with the Common Council of the City of London, by the London County Council ";

(c) in paragraph 13(1) for the words "the councils of the inner London boroughs" there shall be substituted the words " the London County Council ";

(d) paragraph 13(2) shall be omitted.

8 The mention of particular matters in this Schedule shall be without prejudice to the general application of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).