Licensing Act 1964 (repealed)

101 Supplementary provisions as to disqualification orders. E+W

(1) The court making a disqualification order under section 100 of this Act may, on such conditions as it thinks just, suspend the operation of the order with a view to enabling a licence to remain in force pending an appeal against the conviction or against the making of the disqualification order, or pending the consideration of the question of bringing such an appeal; but, unless so suspended, a disqualification order under that section shall come into force on the day on which it is made.

(2) A court shall not make such a disqualification order containing a prohibition on the holding or grant of licences in respect of premises specified in the order, unless an opportunity has been given to any person interested in the premises and applying to be heard by the court to show cause why the order should not be made.

(3) At any time while such a disqualification order is in force, a magistrates’ court, on complaint made by any person affected by the order, may revoke the order or vary it by reducing any period of disqualification or prohibition specified in the order; and any person who has made a complaint under this section and is aggrieved by the decision of the court on that complaint may appeal to quarter sessions.

(4) Where on complaint made under subsection (3) of this section the relief asked for is or includes the revocation or variation of a prohibition imposed by the order on the holding or grant of licences in respect of any premises, any summons granted on the complaint shall be served on the chief officer of police for the police area in which the premises are.

(5) References in any enactment, including this Act, to a person disqualified for holding a justices’ licence, or to premises disqualified for receiving a justices’ licence, shall for the purposes of Part IV licences apply, but for other purposes shall not apply, to persons or premises disqualified only by a disqualification order under section 100 of this Act.

(6) The powers of the court under section 100 of this Act may be exercised on a conviction in addition to any other powers which the court is required to or does exercise on the conviction.

Modifications etc. (not altering text)

C1 S. 101 extended by Late Night Refreshment Houses Act 1969 (c. 53, SIF 60A), s. 11(4)