Valid from 01/12/2001
[F1179E Revocation of justices’ licence etc. after closure orderE+W
(1)Where a closure order has come into force in relation to relevant licensed premises, licensing justices for the licensing district in which the premises are situated shall of their own motion consider, at the next licensing sessions, whether to exercise their powers under subsection (2) of this section.
(2)The licensing justices may—
(a)revoke the justices’ licence for the premises concerned; or
(b)attach to it such conditions as they think fit (whether in substitution for any conditions previously attached or otherwise);
but no payment may be required in pursuance of a condition attached under paragraph (b) of this subsection.
(3)The power under subsection (2) of this section to revoke a justices’ licence is exercisable on any ground on which licensing justices might refuse to renew a justices’ licence or a justices’ licence of that description.
(4)Licensing justices may only exercise their powers under subsection (2) of this section if, at least seven days before the commencement of the licensing sessions concerned, notice of the proposed exercise of the powers has been given to the holder of the licence specifying in general terms—
(a)the grounds on which it is proposed that the licence should be revoked; or
(b)(as the case may be) the conditions which are proposed to be attached to the licence and the reasons for them.
(5)Where licensing justices have decided at the next licensing sessions whether to exercise their powers under subsection (2) of this section, they may also make such order as they think fit in relation to the closure order and any extension of it or any order under section 179B of this Act.
(6)Where licensing justices have decided to revoke a justices’ licence under subsection (2) of this section, the revocation shall, subject to subsection (7) of this section, not have effect—
(a)until the expiry of the time given for appealing against the decision; or
(b)if the decision is appealed against, until the appeal is disposed of.
(7)Where the premises to which the licence relates have been closed until the making of the decision to revoke the licence by virtue of an order under section 179B(3)(b) of this Act, the premises shall, subject to section 179G(5) of this Act, remain closed (but the licence otherwise in force)—
(a)until the expiry of the time given for appealing against the decision to revoke; or
(b)if the decision is appealed against, until the appeal is disposed of.
(8)A person who, without reasonable excuse, permits premises to be open in contravention of subsection (7) of this section shall be guilty of an offence and shall be liable to a fine not exceeding £20,000 or to imprisonment for a term not exceeding three months or to both.
(9)Where licensing justices have decided to attach conditions to a licence under subsection (2) of this section, the licensing justices may, on such terms as they think fit, suspend the operation of those conditions in whole or in part pending the determination of any appeal against the decision to attach them or pending the consideration of the question of bringing such an appeal.]
Textual Amendments
F1Ss. 179A-179K and cross-headings inserted (1.12.2001) by 2001 c. 16, s. 17; S.I. 2001/3736, art. 2