Licensing Act 1964 (repealed)

71 Orders of licensing justices under s. 70. E+W

(1) Licensing justices may make an order under section 70 of this Act with respect to any premises on the application of a person applying for or holding a justices’ licence for the premises.

(2) Any such order

[F1 (a) shall lapse when the licence ceases to be in force otherwise than on its being superseded on renewal or transfer; and

(b) may be varied by a further such order.]

(3) Before making an application for an order under section 70 of this Act . . . F2 , a person shall give notice of the application to the persons, in the manner and at the times required by Schedule 2 to this Act on an application for a new justices’ licence for the premises; but if through inadvertence or misadventure he fails to do so paragraph 7 of that Schedule shall apply.

[F3 (3A) In the case of an order under section 70 of this Act which would extend the permitted hours on a Sunday, subsections (3B) to (3D) apply.

(3B) Before making an application at a licensing sessions for such an order in respect of premises in Greater London, a person shall, not less than twenty-one days before the day of the licensing sessions, give to the relevant local authority notice in writing of the application.

(3C) In considering whether to make such an order the licensing justices shall take account of—

(a) the special nature of Sunday, and

(b) any guidance on that special nature issued by the Secretary of State.

(3D) Where the licensing justices make such an order with respect to any premises in spite of an objection from a relevant local authority which is based on the residential character of the area in which the premises are situated, they shall state their reasons for doing so.]

(4) Where licensing justices make an order under section 70 of this Act with respect to any premises, the holder of the justices’ licence for the premises shall within fourteen days give notice of the making of the order to the chief officer of police, and shall send with the notice a copy of the order; and if he fails to do so he shall be liable to a fine not exceeding [F4 level 1 on the standard scale].

[F5 (5) In this section “relevant local authority"—

(a) if the premises are in England outside Greater London, means the district council;

(b) if the premises are in Wales, means the county or county borough council;

(c) if the premises are in the City of London, means the Common Council of the City of London; and

(d) if the premises are in a London borough, means the council of that borough.]

Textual Amendments

F1 S. 71(2)(a)(b) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 4(1)(a)

F2 Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), ss. 4(1)(b), 19, Sch. 4

F3 S. 71(3A)-(3D) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 3(2)

F4 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F5 S. 71(5) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 3(3)