73 Supplementary provisions as to orders under s. 70.E+W
(1)An order under section 70 of this Act shall not be made unless it is shown that the condition of subsection (1) of that section as to the use or intended use of the premises is satisfied in relation to the premises or part of the premises, to the periods, to the [F1days] and to the times for which the order is to have effect, and that the premises or part of the premises is structurally adapted for the purpose; but in making an order by way of variation . . . F2 of a previous order licensing justices or the magistrates’ court may assume, unless they see reason to the contrary, that the conditions for the making of the previous order were and still are satisfied.
(2)Licensing justices or the magistrates’ court may refuse to make an order under the said section 70, or may in such an order limit the operation of that section to a particular part of the premises or to particular periods of the year or to particular [F3days] or to a time earlier than one o’clock in the morning [F4or, in the case of the morning following Sunday, half an hour past midnight] (and may impose different limitations in relation to different parts of the premises, different periods or different [F3days]), if it appears to them reasonable to do so having regard to all the circumstances and in particular to the comfort and convenience of the occupiers and inmates of premises in the neighbourhood.
(3)Where the use of any premises or part of premises for the purpose specified in subsection (1) of section 70 of this Act is, or is intended to be, limited to a particular period or periods of the year, an order under that section may be made to have effect for the whole or part of the period or periods in question, but excluding any period of less than four weeks.
(4)Licensing justices or, as the case may be, the magistrates’ court shall revoke an order under section 70 of this Act if they are satisfied on an application made by or on behalf of the chief officer of police for the police area in which the premises are situated, either—
(a)that use has not been made for the purpose specified in subsection (1) of that section of the premises or part of the premises for which the order has effect; or
(b)that it is expedient to revoke the order either by reason of the occurrence of disorderly or indecent conduct in the premises or part, or by reason of the conduct of persons resorting to the premises and any annoyance resulting or likely to result from it to the occupiers or inmates of premises in the neighbourhood, or by reason of the premises having been in any way ill-conducted.
Textual Amendments
F1Word in s. 73(1) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 5(2)
F2Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4
F3Words in s. 73(2) substituted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 5(3)(a)
F4Words in s. 73(2) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 5(3)(b)