Part VIII Suspension of Licences by reason of War Circumstances

132 Suspension of licence where business discontinued owing to war circumstances.

(1)

Where the Commissioners are satisfied, on application made to them for a certificate under this section, that a business for the purposes of which or in connection with which a justices’ licence was granted has been temporarily discontinued by reason of war circumstances, they shall certify accordingly, and shall state in the certificate whether or not those circumstances include the destruction of the premises or serious damage to them.

(2)

As from the date of a certificate under this section, the justices’ licence for the premises shall be in suspense by virtue of this section until it is again in force for all purposes by virtue of this Part of this Act or until it is extinguished either by virtue of this Part of this Act or of section 107 or section 124(2) of this Act.

(3)

While a justices’ licence is in suspense by virtue of this section—

(a)

it may be transferred or removed in accordance with the provisions in that behalf of Parts I and VII of this Act;

(b)

it may be extinguished under section 107 or section 124(2) of this Act;

but, except so far as is requisite for giving effect to those provisions and the other provisions of this Part of this Act, and except as provided by section 104(4) of this Act, it shall not be in force for any purpose.

(4)

Notwithstanding the grant of a certificate under this section, a licence shall not be in suspense by virtue of this section if an event has occurred before the grant which would have brought the suspension to an end.

(5)

For the purposes of this Part of this Act—

(a)

“war circumstances” means circumstances directly or indirectly attributable to any war in which Her Majesty may be or has been engaged;

(b)

the destruction of the premises or serious damage to them, though not caused by enemy action or other causes arising from war, shall be deemed, in relation to a business carried on in those premises, to be war circumstances if the execution of works necessary to enable the business to be carried on is prevented by war circumstances;

and any reference in this Part of this Act to a licence in suspense is a reference to a licence in suspense by virtue of this section.