Licensing Act 1964 (repealed)

9 Persons and premises disqualified for holding or receiving justices’ licence. E+W

(1) Without prejudice to the provisions of this or any other Act whereby a person may be disqualified for holding a justices’ licence, the following persons shall be so disqualified, that is to say—

(a) a sheriff’s officer or officer executing the legal process of any court;

(b) a person convicted, whether under this Act or otherwise, of forging a justices’ licence or making use of a forged justices’ licence knowing it to have been forged;

(c) a person convicted, whether under this Act or otherwise, of permitting to be a brothel premises for which at the time of the conviction he held a justices’ licence.

(2) Where within a period of two years two persons severally holding a justices’ licence for any premises forfeit their licences, the premises shall be disqualified for receiving a justices’ licence for a period of twelve months following the second forfeiture.

(3) Premises shall be disqualified for receiving a justices’ licence if they are situated on land acquired or appropriated by a special road authority, and for the time being used, for the provision of facilities to be used in connection with the use of a special road provided for the use of traffic of class I (with or without other classes).

(4) For the purpose of subsection (3) of this section—

(a) “special road” and “special road authority” have the same meanings as in [F1 the M1 Highways Act 1980], except that “special road” includes a trunk road to which by virtue of [F1 paragraph 3 of schedule 23 to that Act] the provisions of that Act apply as if the road were a special road; and

(b) “class I” means class I in Schedule 4 to that Act as varied from time to time by any order under [F2 section 17] of that Act, but if that Schedule is amended by such an order so as to add to it a further class of traffic, the order may adapt the reference in subsection (3) of this section to traffic of class I so as to take account of the additional class.

[F3 (4A) Premises shall be disqualified for receiving a justices’ licence if they are primarily used as a garage or form part of premises which are primarily so used.

(4B) In subsection (4A) of this section, the reference to use as a garage is a reference to use for any one or more of the following purposes, namely, the retailing of petrol or derv or the sale or maintenance of motor vehicles.]

(5) The provisions . . . F4 of this section shall be without prejudice to the disqualification under any other Act of premises for receiving a justices’ licence.

(6) A justices’ licence purporting to be held by any person disqualified for holding a licence, or attached to premises disqualified for receiving a licence, shall be void.

Textual Amendments

F1 Words substituted by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 12(a)

F2 Words substituted by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 12(b)

F3 S. 9(4A)(4B) inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 10

F4 Words repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 2, Sch. 4

Marginal Citations

M1 1980 c. 66 (59).