Licensing Act 1964 (repealed)

81 Revocation of special hours certificates. E+W

(1) If at any time while a special hours certificate is in force [F1 there is not also in force for the premises to which or part of which the certificate relates—

(a) where the special hours certificate is granted by virtue of section 77(a)(i) or 77A(3)(b)(i) of this Act, a licence under the Gaming Act 1968, and

(b) where the special hours certificate is granted by virtue of section 77(a)(ii) or 77A(3)(b)(ii) of this Act, a music and dancing licence or, as the case may be, a certificate under section 79 of this Act,

the special hours certificate shall thereby be revoked.]

[F2 (1A) Where a special hours certificate is revoked under subsection (1) above as a consequence of—

(a) an application for the renewal of a licence being refused under paragraph 6A(2) of Schedule 1 to the M1 Local Government (Miscellaneous Provisions) Act 1982 or paragraph 2A(2) of Schedule 12 to the M2 London Government Act 1963; or

(b) a licence being revoked under paragraph 11A(2) or 12(5) of Schedule 1 or paragraph 9A(2) or 10(4A) of Schedule 12,

the certificate shall be reinstated if the licence is subsequently renewed under paragraph 17 of Schedule 1 or paragraph 19 of Schedule 12 or if the licence is subsequently reinstated under paragraph 11A(4) or 17 of Schedule 1 or paragraph 9A(4) or 19 of Schedule 12.]

(2) At any time while a special hours certificate for any premises or part of premises is in force, the chief officer of police may apply to the licensing justices or, if it was granted under section 78 [F3 or 78ZA] of this Act, to the magistrates’ court, for the revocation of the certificate on the ground that, while the certificate has been in force—

(a) the premises have not, or the part has not, been used as mentioned in section 77 [F4 , 77A, 78 or, as the case may be, 78ZA] of this Act; or

(b) a person has been convicted of having at those premises or that part contravened section 59 of this Act;

or that on the whole the persons resorting to the premises or part are there, at times when the sale or supply of intoxicating liquor there is lawful by virtue only of the certificate, for the purpose of obtaining intoxicating liquor rather than for [F5 an appropriate purpose]; and if the licensing justices or magistrates’ court are satisfied that the ground of the application is made out they may revoke the certificate.

[F6 (2A) For the purposes of subsection (2) of this section, the following are appropriate purposes—

(a) in the case of casino premises, gaming and the obtaining of refreshments other than intoxicating liquor,

(b) in the case of any other premises, dancing and the obtaining of such refreshments]

(3) Where a special hours certificate is revoked under subsection (2) of this section in consequence of a contravention of section 59 of this Act, no special hours certificate shall be valid in relation to the premises or part in question, if it is issued on an application made earlier than two months after the date of the revocation or made earlier than such later time, if any (not being more than twelve months after that date) as may be specified in the order revoking the certificate.

[F7 (4) At any time while a special hours certificate for any premises or for part of any premises is in force, the chief officer of police may apply to the licensing justices or, if it was granted under section 78 [F8 or 78ZA] of this Act, to the magistrates’ court, for the revocation of the certificate on the ground that the revocation is expedient by reason of the occurrence of disorderly or indecent conduct in the premises or part to which the certificate relates; and if the licensing justices or the magistrates’ court, as the case may be, are satisfied that the ground of the application is made out, they shall revoke the certificate.]

Textual Amendments

F1 Words in s. 81(1) substituted (3.4.1997) by S.I. 1997/950, art. 4(4)(a)

F2 S. 81(1A) inserted (1.5.1998) by 1997 c. 49, s. 3; S.I. 1998/1009, art. 2

F3 Words in s. 81(1) substituted (1.5.1996) by S.I. 1996/977, art. 5(4)(a)(i)

F4 Words in s. 81(2)(a) substituted (1.5.1996) by S.I. 1996/977, art. 5(4)(a)(ii)

F5 Words in s. 81(2) substituted (3.4.1997) by S.I. 1997/950, art. 4(4)(b)

F6 S. 81(2A) inserted (3.4.1997) by S.I. 1997/950, art. 4(4)(c)

F7 S. 81(4) substituted by Licensing (Amendment) Act 1981 (c. 40, SIF 68A:1), s. 1

F8 Words in s. 81(4) inserted (1.5.1996) by S.I. 1996/977, art. 5(4)(b)

Marginal Citations

M1 1982 c. 30.

M2 1963 c. 33.