Part XIII Miscellaneous
F1 Other
180 Consent to grant of occasional licence.
F21
Justices of the peace may, on the application of the holder of a justices’ on-licence, grant him a licence (in this Act referred to as an “occasional licence") authorising the sale by him of any intoxicating liquor to which his justices’ on-licence extends at such place other than the premises in respect of which his justices’ on-licence was granted, during such period not exceeding three weeks at one time, and between such hours, as may be specified in the occasional licence, but an occasional licence shall not authorise the sale of intoxicating liquor thereunder—
a
in F3any areain Wales and Monmouthshire in which section 66(1) of this Act for the time being applies, on any Sunday; or
b
on Christmas Day, Good Friday, or any day appointed for public fast or thanksgiving.
2
Subject to the following provisions of this section, the justices shall not hear an application for F4an occasional licence unless satisfied that the applicant has served on the chief officer of police at least twenty-four hours’ notice of his intention to apply for F4it, stating the name and address of the applicant, the place and occasion for which F4it is required, the period for which he requires it to be in force, and the hours to be specified in F4it.
3
Subject to subsection (4) of this section, the justices may, if they see fit, grant F5an occasional licence without a hearing if written application for the grant is made by lodging two copies of the application with the clerk to the justices not less than one month before the day or earliest day for which application is made, and the application gives the particulars required for a notice under subsection (2) of this section.
4
Where written application is made in accordance with subsection (3) of this section—
a
the clerk on receipt of the application shall serve notice of it on the chief officer of police by sending him a copy of the application; and
b
if, not later than seven days after the day he sends it, written notice of objection is given by or on behalf of the chief officer to the clerk by lodging two copies with him, the application shall not be granted without a hearing, unless the objection is afterwards withdrawn by a further notice given in the same way; and
c
the clerk, on receipt of any such notice of objection or notice withdrawing objection, shall send a copy to the applicant.
5
Where written application is made in accordance with subsection (3) of this section but the application is not granted without a hearing, the application may be heard without the applicant having served notice on the chief officer of police under subsection (2) of this section.
6
Justices shall not grant F6an occasional licence to an applicant who holds only a residential licence; and, if he holds only a restaurant licence or residential and restaurant licence, they shall not grant the occasional licence unless satisfied that the sale of intoxicating liquor under the authority of the occasional licence is to be ancillary to the provision of substantial refreshment.
7
The power of justices of the peace to grant F7an occasional licence shall be exercisable by justices acting for the petty sessions area in which the place to which the application relates is situated, and by the number of justices and in the place required by F8the M1Magistrates’ Courts Act 1980 for the hearing of a complaint.
F98
An occasional licence granted to the holder of a justices’ on-licence in respect of any premises shall have effect as if granted to any person who is for the time being the holder of a justices’ on-licence in respect of those premises and shall be of no effect at any time when no justices’ licence is for the time being held in respect of those premises.
Ss. 179A-179K and cross-headings inserted (1.12.2001) by 2001 c. 16, s. 17; S.I. 2001/3736, art. 2