Licensing Act 1964 (repealed)

27 Effect on duration of opposition to grant of licence. E+W

(1) The provisions of this section shall have effect where on an application to licensing justices for the grant of a new justices’ licence, or for the grant of a licence by way of ordinary removal of a justices’ licence, a person appears before the licensing justices and opposes the grant, but the justices grant the licence.

(2) Until the expiry of the time for bringing an appeal against the grant and, if such an appeal is brought, until the appeal has been disposed of,—

(a) the licence granted shall not come into force;

(b) where the grant is by way of ordinary removal and the licence which it is sought to remove is in force at the time of the grant, the licence shall not expire unless the licensing justices otherwise direct.

(3) If on appeal the grant is confirmed or if the appeal is abandoned, the time when the appeal is disposed of shall be substituted for the time of the grant for the purpose of determining the period for which the licence is to have effect, and [F1 the Crown Court] shall (if need be) amend the licence accordingly.

(4) If there is an appeal against the grant of an ordinary removal, and the licence which it is sought to remove is in force on the day when notice of appeal is given to the applicant for the removal, then—

(a) he may within seven days of that day give notice in writing to [F2 the appropriate officer of the Crown Court] of his desire that the expiry of that licence shall be postponed for a specified period (not exceeding three weeks) after the appeal is disposed of, and if he does so, subsection (2) of this section shall apply until the expiry of that period;

(b) whether or not he gives such a notice, [F1 the Crown Court], if they confirm the grant and if he so requests, may by their order direct that that subsection shall continue to apply for such further period as they think fit;

(c) if [F1 the Crown Court] refuse to confirm the grant, and at the time of their decision it is too late to renew that licence at the general annual licensing meeting at which it was due for renewal, then—

(i) the holder of the licence shall be treated as having had reasonable cause for not applying for renewal at that meeting, and the licence may be renewed at transfer sessions accordingly; and

(ii) if notice has been given under paragraph (a) of this subsection, and within the period for which the licence is continued in force by that paragraph notice is given to the clerk to the licensing justices of an application for the renewal of the licence at the first licensing sessions held not less than twenty-one days after the notice is given, the licence shall not expire until the application is disposed of or those sessions end without its being made.

Textual Amendments

F1 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I

F2 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. I