Part IVE+W Restaurants and Guest Houses

94 Conditions attached to Part IV licences for restaurants, guest houses, etc.E+W

(1)In this Act “restaurant licence” means a Part IV licence which—

(a)is granted for premises structurally adapted and bona fide used, or intended to be used, for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises; and

(b)is subject to the condition that intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal.

(2)In this Act “residential licence” means a Part IV licence which—

(a)is granted for premises bona fide used, or intended to be used, for the purpose of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals; and

(b)is subject to the condition that intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.

(3)In this Act “residential and restaurant licence” means a Part IV licence which—

(a)is granted for premises falling within both paragraph (a) of subsection (1) and paragraph (a) of subsection (2) of this section; and

(b)is subject to the condition that intoxicating liquor shall not be sold or supplied otherwise than as permitted by the conditions of a restaurant licence or by those of a residential licence.

(4)The conditions as to the sale and supply of intoxicating liquor set out in subsection (1)(b) and subsection (2)(b) of this section—

(a)shall not extend to the supply for consumption on the premises of intoxicating liquor (whether inside or outside the permitted hours) in any case in which section 59 of this Act does not prohibit liquor being so supplied outside the permitted hours;

(b)shall not extend to the sale of intoxicating liquor, or supply of liquor, sold on the premises under the authority of an occasional licence;

(c)subject to paragraph (b) of this subsection, shall extend to all sales of intoxicating liquor, whether or not requiring the authority of a justices’ licence.

(5)It shall be an implied condition of any Part IV licence that suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.