Licensing Act 1964 (repealed)

141 Suspension of justices’ licence where licensed premises compulsorily acquired or temporary premises cease to be available. E+W

(1) Where the Commissioners are satisfied on an application made to them for a certificate under this subsection—

(a) that a business is temporarily discontinued by reason of the compulsory acquisition, or the proposed compulsory acquisition, of licensed premises in which the business was carried on, other than acquisition or proposed acquisition by the Secretary of State under section 104 of this Act, and

(b) that the removal of the licence to other premises, not being temporary premises, reasonably satisfactory to the person by whom the business was carried on would be prevented by the restriction on removals imposed by section 123(2) of this Act, or by its being otherwise impracticable to provide such other premises as aforesaid,

they shall certify accordingly.

(2) Where the Commissioners are satisfied on an application made to them for a certificate under this subsection—

(a) that a business carried on in licensed premises which are temporary premises has been temporarily discontinued on account of those premises ceasing to be available or on account of the expiry of the period specified in the certificate of the licensing planning committee under section 126 of this Act relating to the premises and of any extension of that period under subsection (4) of that section, and

(b) that the circumstances are as mentioned in paragraph (b) of subsection (1) of this section,

they shall certify accordingly.

(3) Where a licence granted for any premises is in suspense by virtue of section 132 of this Act, and the Commissioners are satisfied on an application made to them for a certificate under this subsection—

(a) that the premises have been compulsorily acquired otherwise than by the Secretary of State under section 104 of this Act, or that it is proposed that they shall be compulsorily acquired otherwise than as aforesaid, and

(b) that the circumstances are as mentioned in paragraph (b) of subsection (1) of this section,

they shall certify accordingly.

(4) As from the date of a certificate under this section, the justices’ licence in force for the premises immediately before the discontinuance mentioned in subsection (1) or (2) of this section or, as the case may be, the licence in suspense as mentioned in subsection (3) of this section, 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; and, if it is such a licence as is mentioned in subsection (3) of this section, shall no longer be in suspense by virtue of section 132 of this Act.

(5) 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, it shall not be in force for any purpose.

(6) Where a certificate has been granted under subsection (2) of this section, the provisions of section 126(4) of this Act avoiding a licence on the expiry of such periods as are mentioned therein—

(a) shall, if the relevant period expired before the granting of the certificate, be deemed not have avoided the licence, and

(b) shall not avoid the licence during the period of its suspension.

(7) In this Part of this Act—

(a) references to compulsory acquisition of premises include references—

(i) to acquisition by agreement by an authority or persons, and for a purpose, such that the authority or persons could be authorised to acquire the premises compulsorily; and(129:5).

(ii) to the taking possession of premises by a local authority by virtue of a lease or authorisation under the M1 War Damaged Sites Act 1949;

(b) references to premises include references to the site of premises; and references to a licence granted for premises in any district or area include references to a licence granted for premises the site of which is in that district or area;

and, unless the context otherwise requires, 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.

Marginal Citations

M1 1949 c. 84