Licensing Act 1964 (repealed)

180 Consent to grant of occasional licence. E+W

[F1 (1) 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 [F2 any area]in 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 [F3 an 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 [F3 it], stating the name and address of the applicant, the place and occasion for which [F3 it] is required, the period for which he requires it to be in force, and the hours to be specified in [F3 it].

(3) Subject to subsection (4) of this section, the justices may, if they see fit, grant [F4 an occasional licence] without a hearing if written application for the grant is made by lodging two copies of the application with the [F5 chief executive] 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 [F5 chief executive] 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 [F5 chief executive] 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lodging two copies with him, the application shall not be granted without a hearing, unless the objection is afterwards withdrawn by a further notice given in the same way; and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 [F5 chief executive], 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 [F6 an 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 [F7 an 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 [F8 the M1 Magistrates’ Courts Act 1980] for the hearing of a complaint.

[F9 (8) 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.]

Textual Amendments

F1 S. 180(1) substituted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 15(1)

F2 Words in s. 180(1)(a) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(5)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

F3 Words substituted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 15(2)

F4 Words substituted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 15(3)

F5 Words in s. 180(3)(4) substituted (1.4.2001) 1999 c. 22, s. 90, Sch. 13 paras. 36, 50(f) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

F6 Words substituted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 15(4)

F7 Words substituted by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 15(5)

F8 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5

F9 S. 180(8) added by Finance Act 1967 (c. 54, SIF 68A:1), Sch. 7 para. 15(6)

Marginal Citations

M1 1980 c. 43 (82).