Part IIIE+W Permitted Hours

Modifications etc. (not altering text)

[F1 Restriction orders with respect to licensed premises and clubs]E+W

Textual Amendments

[67A[F2 Restriction orders.E+W

(1)An order under this section may be made with respect to—

(a)any licensed premises or part of licensed premises, other than premises licensed for the sale of intoxicating liquor for consumption off the premises only and any premises for which an occasional licence is in force; and

(b)any premises in respect of which a club is registered.

(2)An order under this section is referred to in this section and sections 67B, 67C and 67D of this Act as a “restriction order” and in those sections (and Schedule 8A to this Act) “theatre” means any premises in respect of which a notice under section 199 (c) of this Act is for the time being in force.

(3)Where a restriction order is in force with respect to any premises or part of any premises, the permitted hours in those premises or that part shall not include any time specified in the order.

(4)A restriction order may specify any time between half past two and half past five in the afternoon and may apply in relation to particular days of the week specified in the order and in relation to particular periods of the year so specified.

(5)The power to make a restriction order shall be exercisable—

(a)with respect to licensed premises, by licensing justices, and

(b)with respect to premises in respect of which a club is registered, by a magistrates’ court,

on application being made to them under this section.

(6)An application for a restriction order may be made by—

(a)the chief officer of police;

(b)any person living in the neighbourhood, or any body representing persons who do;

(c)any person carrying on a business in the neighbourhood or managing or otherwise in charge of it in the neighbourhood; or

(d)the head teacher or other person in charge of any educational establishment in the neighbourhood.

(7)A restriction order may be made—

(a)on the ground that it is desirable to avoid or reduce any disturbance of or annoyance to—

(i)persons living or working in the neighbourhood,

(ii)customers or clients of any business in the neighbourhood, or

(iii)persons attending, or in charge of persons attending, any educational establishment in the neighbourhood,

due to the use of the premises or part of the premises; or

(b)on the ground that it is desirable to avoid or reduce the occurrence of disorderly conduct in the premises or part of the premises or the occurrence in the vicinity of the premises of disorderly conduct on the part of persons resorting to the premises or part of the premises.

(8)The terms of a restriction order shall be such as the licensing justices or, as the case may be, the magistrates’ court think fit.

(9)A restriction order shall have effect as from the date specified in it and (unless revoked or varied or the licence or registration ceases to be in force) for the period specified in it, which shall not exceed twelve months.

(10)Schedule 8A to this Act shall have effect as respects the procedure for the making of restriction orders.]

Textual Amendments