Licensing Act 1964 (repealed)

Changes over time for: Section 76

Version Superseded: 19/03/2001

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Point in time view as at 01/02/1998. This version of this provision has been superseded.

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There are currently no known outstanding effects for the Licensing Act 1964 (repealed), Section 76.

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76 Permitted hours where special hours certificate in force.E+W

(1)This section applies to licensed premises or premises in respect of which a club is registered, or part of any such premises, during the time that—

(a)there is in force for the premises or part a special hours certificate granted under the following provisions of this Part of this Act; and

(b)the section is applied, under subsection (7) of this section, to the premises or part, by the holder of the licence or, as the case may be, the secretary of the club.

(2)Subject to the following provisions of this section, the permitted hours on weekdays . . . F1 in any premises or part of premises to which this section applies shall [F2extend until] two o’clock in the morning following, except that—

(a)the permitted hours shall end at midnight . . . F3 on any day on which music and dancing is not [F4or, in the case of casino premises, gaming facilities are not] provided after midnight; and

(b)on any day that music and dancing end [F5or, in the case of casino premises, gaming ends] between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing end [F6or, as the case may be, when the gaming ends][F7; and

[F8(c)in any premises or part for which a certificate is in force subject to a limitation imposed in pursuance of section 78A or 81A of this Act, the permitted hours on any day to which the limitation relates shall not extend beyond the time specified in the certificate.]]

[F9(2A)In relation to the morning on which summer time begins, subsection (2) of this section shall have effect—

(a)with the substitution of references to three o’clock in the morning for references to two o’clock in the morning; and

(b)where the permitted hours in any premises or part of premises extend to a time between one o’clock and two o’clock in the morning by virtue of a limitation in the special hours certificate imposed pursuant to section 78A or 81A of this Act, as if the permitted hours extended to one hour after that specified in the certificate.]

(3)In relation to premises which are situated in any part of the metropolis outside the City of London which is specified for the purposes of this subsection by an order of the Secretary of State, subsection (2) of this section shall have effect

[F10(a)except in relation to the morning on which summer time begins,]

with the substitution of references to three o’clock in the morning for the references to two o’clock in the morning [F11, and

(b)in relation to that morning, with the substitution of references to four o’clock in the morning for the references to two o’clock in the morning.]

(4)Where the permitted hours are fixed by this section, section 63(1) of this Act shall apply to the consumption of liquor on the premises as if in paragraph (a) thereof half an hour were substituted for [F12twenty] minutes and paragraph (b) thereof were omitted.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(6)Where a special hours certificate for any premises or part of premises is limited to particular days in every week, this section does not affect the permitted hours in the premises on days on which the certificate does not apply.

(7)The holder of the licence or, as the case may be, the secretary of the club, may apply this section, or terminate its application, from such day as he may fix by notice in writing to the chief officer of police served not less than fourteen days before that day.

[F14(8)In this section, references to summer time are to the period of summer time for the purposes of the M1Summer Time Act 1972.]

Textual Amendments

F1Words repealed by Licensing (Amendment) Act 1985 (c. 40, SIF 68A:1), s. 1(3)

F2Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 1(6)

F3Words repealed by Licensing (Amendment) Act 1985 (c. 40, SIF 68A:1), s. 1(3)

F4Words in s. 76(2)(a) inserted (3.4.1997) by S.I. 1997/950, art. 4(2)(a)

F5Words in s. 76(2)(b) inserted (3.4.1997) by S.I. 1997/950, art. 4(2)(b)

F6Words in s. 76(2)(b) inserted (3.4.1997) by S.I. 1997/950, art. 4(2)(c)

F7Word inserted by Licensing (Amendment) Act 1980 (c. 40, SIF 68A:1), s. 2

F8S. 76(2)(c) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 8

F9S. 76(2A) inserted (1.5.1996) by S.I. 1996/977, art. 2(2)

F10Words in s. 76(3) inserted (1.5.1996) by S.I. 1996/977, art. 2(3)(a)