70 Extended hours in restaurants, etc. providing entertainment.E+W
(1)Subject to the provisions of this section, where any licensed premises or premises in respect of which a club is registered are structurally adapted and bona fide used, or intended to be used, for the purpose of habitually providing, for the accommodation of persons frequenting them, musical or other entertainment as well as substantial refreshment, and the sale and supply of intoxicating liquor is ancillary to that refreshment and entertainment, then if—
(a)paragraph (b) of section 68(1) of this Act applies to the premises, and
(b)an order under this section is in force with respect to them,
the time added by the said section 68(1) to the permitted hours on [F1days] on which the entertainment is provided and the purpose for which the time is added shall, in any part of the premises habitually set apart for the provision of the refreshment and entertainment, be as mentioned in subsection (2) [F2or (2A)] of this section.
(2)[F3Subject to subsection (2A),]in any such part of the premises the time so added shall, . . . F4, extend until one o’clock in the morning following, . . . F4; and the purpose for which it is added shall be—
(a)the sale and supply, before the provision of the entertainment or the provision of substantial refreshment has ended, of intoxicating liquor for consumption in any such part of the premises; and
(b)the consumption of intoxicating liquor so supplied;
but this section does not authorise any sale or supply to a person admitted to the premises either after midnight or less than half an hour before the entertainment is due to end, except in accordance with subsection (2) of section 68 of this Act.
[F5(2A)If the order under this section applies to the permitted hours on a Sunday, subsection (2) has effect in relation to those permitted hours as if—
(a)for “one o’clock" there were substituted “half an hour past midnight", and
(b)for “midnight" there were substituted “half past eleven in the evening".]
(3)Where in any premises or part of premises the time added to the permitted hours by section 68(1) of this Act is so added for the purpose mentioned in subsection (2) of this section, section 59 of this Act does not restrict the consumption in the premises or part, during the first half hour after the entertainment ends, of intoxicating liquor supplied before it ends.
(4)In this section “entertainment” does not include any form of entertainment given otherwise than by persons actually present and performing; and, subject to the provisions of this Act, no premises or part shall be treated for the purposes of this section as used or intended to be used for the purpose of habitually providing refreshment and entertainment or as habitually set apart for that purpose, unless it is used or intended to be used, or is set apart, for the purpose of providing them after, and for a substantial period preceding, the end of the general licensing hours on every [F6day] or on particular [F6days]in every week, subject to any break for a period or periods not exceeding two weeks in any twelve successive months or on any special occasion or by reason of any emergency.
(5)The power to make an order under this section shall be exercisable—
(a)with respect to licensed premises, by licensing justices in accordance with section 71 of this Act; and
(b)with respect to premises in respect of which a club is registered, by the magistrates’ court in accordance with section 72 of this Act.
Textual Amendments
F1Word in s. 70(1) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 2(2)(a)
F2Words in s. 70(1) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 2(2)(b)
F3Words in s. 70(2) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 2(3)
F4Words repealed by Licensing (Amendment) Act 1985 (c. 40, SIF 68A:1), s. 1(2)
F5S. 70(2A) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 2(4)
F6Words in s. 70(4) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 2(5)