Licensing Act 1964

5 Removals

(1) Subject to the following provisions of this Act, licensing justices shall have the same power to grant a removal of a justices' licence as they have to grant a new licence.

(2) Licensing justices may grant an ordinary removal to premises in their licensing district from any other premises, whether in that district or not.

(3) An application for a removal shall be made by the person wishing to hold the licence after the removal.

(4) Subject to sections 113, 122 and 126 of this Act, licensing justices shall not grant the removal of a justices' on-licence to any premises unless in their opinion the premises are structurally adapted to the licence.

(5) Licensing justices shall not grant an ordinary removal unless they are satisfied that no objection to the removal is made—

(a) where the licence is a justices' on-licence, by the owner of the premises from which it is sought to remove the licence or by the holder of the licence,

(b) where the licence is a justices' off-licence, by the holder of the licence,

or by any person other than the owner of the said premises and the holder of the licence or, as the case may be, other than the holder of the licence, whom the justices consider to have a right to object to the removal.

(6) In this Act, " ordinary removal" means a removal which is neither a special removal (as defined in section 15(2) of this Act) nor a planning removal or temporary premises removal (as defined in sections 121(2) and 126(2) of this Act respectively).