Licensing Act 1964 (repealed) (c. 26)

Part III E+W Permitted Hours

Modifications etc. (not altering text)

C1 Pt. III (ss. 59–92) restricted by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), ss. 3(1)(a), 9(6)

Extension of permitted hours in licensed premises and clubs E+W

75 Procedural provisions as to exemption orders outside metropolitan area. E+W

(1) Any power of justices of the peace under section 74 of this Act shall be exercisable by justices acting for the petty sessions area in which the premises are situated, and by the number of justices, and in the place, required by [F1 the M1 Magistrates’ Courts Act 1980] for the hearing of a complaint.

(2) Subject to subsection (3) of this section, the justices may, if they see fit, make a special order of exemption without a hearing, if written application for the order is made by lodging two copies of the application with the clerk to the justices not less than one month before the day or earliest day for which application is made.

(3) Where such an application is made—

(a) the clerk on receipt of the application shall serve notice of it on the chief officer of police by sending him a copy of the application; and

(b) if, not later than seven days after the day he sends it, written notice of objection is given by or on behalf of the chief officer to the clerk by lodging two copies with him, the application shall not be granted without a hearing, unless the objection is afterwards withdrawn by a further notice given in the same way; and

(c) the clerk, on receipt of any such notice of objection or notice withdrawing an objection, shall send a copy to the applicant.

Textual Amendments

F1 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5

Marginal Citations

M1 1980 c. 43 (82).