Licensing Act 1964 (repealed)

112 Restriction on grant or variation of justices’ licence for premises in new towns. E+W

(1) The provisions of subsection (2) or subsection (3) of this section have effect with respect to the grant of new justices’ licences, other than Part IV licences, for premises in new towns, and the removal of justices’ licences to such premises, as follows:—

(a) subsection (2) applies where—

(i) the licence is a justices’ on-licence and the premises are not on-licensed premises, . . . F1

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(b) subsection (3) applies where—

(i) the licence is a justices’ on-licence and the premises are on-licensed premises; . . . F1

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

but the effect of the grant or removal would be to add to the descriptions of intoxicating liquor authorised to be sold in the premises or to abolish a limitation that intoxicating liquor should only be sold for consumption with a meal in a restaurant.

(2) Where this subsection applies the new licence or removal shall not be granted unless—

(a) the premises are situated in a place specified in that behalf by proposals under section 109 of this Act that have been confirmed; and

(b) the effect of the grant would be that the premises would be licensed in accordance with the proposals; and

(c) the licensing justices are satisfied that effect has been or will be given to any supplementary provisions contained in the proposals.

(3) Where this subsection applies the new licence or removal shall not be granted unless the committee constituted under section 108 of this Act for the new town notifies the licensing justices that it has no objection to the grant.

(4) A justices’ licence for premises in a new town shall not be varied under section 37 of this Act so as to add to the descriptions of intoxicating liquor authorised to be sold in the premises unless the licensing justices are satisfied that the committee constituted for the new town under section 108 of this Act has no objection to the variation.

(5) In this section “on-licensed premises” means premises for which a justices’ on-licence is in force; and in determining for the purposes of this section whether any premises are on-licensed premises . . . F4 a justices’ licence for the premises shall be treated as being in force if it would be in force but for the fact that its grant for or removal to the premises was provisional and has not been declared final.

Textual Amendments

F1 Word repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), Sch. 34 Pt. XV

F2 S. 112(1)(a)(ii) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1) Sch. 34 Pt. XV

F3 S. 112(1)(b)(ii) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), Sch. 34 Pt. XV

F4 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), Sch. 34 Pt. XV