Licensing Act 1964 (repealed)

[F1 4 (1) A magistrates’ court shall not hear an application for the making, variation or revocation of a restriction order with respect to any premises unless satisfied that the applicant has given at least 21 days’ notice of his intention to the following persons in accordance with this paragraph. E+W

(2) The persons referred to are the [F2 designated officer for] the justices and—

(a) in the case of an application for the making of an order, the secretary of the club which is registered in respect of the premises to which the application relates; and

(b) in the case of an application for the variation or revocation of an order—

(i) the chief officer of police; and

(ii) subject to sub-paragraph (4) below, the person or, if more than one, each of the persons on whose application the order was made.

(3) The reference in sub-paragraph (2) above to the person or persons on whose application a restriction order was made is, in relation to any person who applied by virtue of a position held by him, a reference to the holder for the time being of that position.

(4) Notice under this paragraph in the case of an application for the variation or revocation of a restriction order is not required to be given to a person on whose application the order was made if that person is no longer entitled to apply for the making of a restriction order with respect to the premises or, if he applied by virtue of a position held by him, it is not a position which is any longer held in the neighbourhood; and the obligation to give a person notice is discharged by giving it to him at his last known address.

(5) Notice under this paragraph shall be in writing and specify in general terms the grounds of the application.]

Textual Amendments

F1 Sch. 8A inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 3(4)

F2 Words in Sch. 8A para. 4(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 33