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Licensing Act 1964

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This is the original version (as it was originally enacted).

100Power of court to disqualify for Part IV licences on conviction of certain offences

(1)Where a person is convicted of an offence committed in respect of any premises, and—

(a)the offence is one to which this paragraph applies; or

(b)the offence is one to which this paragraph applies, and the premises are premises for which, at the time of the offence, he held a Part IV licence;

the court by or before which he is convicted may make a disqualification order under this section.

(2)A disqualification order may, at the discretion of the court, be either—

(a)an order disqualifying the person convicted, for such period as may be specified in the order (but not exceeding five years from the date the order comes into force), from holding or obtaining Part IV licences or licences under the Refreshment Houses Act 1860; or

(b)an order prohibiting such licences from being held or granted within such period as aforesaid by or to any person in respect of the premises at which the offence in question was committed; or

(c)an order imposing both such a disqualification and such a prohibition;

and, if such an order is made, any licence within the disqualification or prohibition, if previously obtained, shall be forfeited or, if subsequently obtained, shall be null and void.

(3)Paragraph (a) of subsection (1) of this section applies to the following offences, that is to say:—

(a)offences under sections 9, 18 and 32 of the Refreshment Houses Act 1860;

(b)offences under section 160 of this Act committed by the keeper of a refreshment house ;

(c)offences under section 84 (2) of this Act committed by the keeper of a refreshment house in connection with parties at the refreshment house.

(4)Paragraph (b) of subsection (1) of this section applies to the following offences, that is to say.—

(a)offences under sections 161, 172 and 177 of this Act;

(b)offences under sections 175 and 176 of this Act and any other offence of permitting the premises to be a brothel;

(c)offences under section 1(1) of the Betting, Gaming and Lotteries Act 1963;

(d)offences under section 10 of the Prevention of Crimes Act 1871.

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