Licensing Act 1964 (repealed)

98 Grounds for refusing applications for Part IV licences. E+W

(1) Licensing justices may refuse an application for the grant of a Part IV licence on any of the following grounds, that is to say,—

(a) that the applicant is not of full age, or is in any other respect not a fit and proper person to hold one;

(b) that the premises do not fall within paragraph (a) of subsection (1), (2) or (3), as the case may be, of section 94 of this Act, or are not suitable and convenient for the use contemplated by that paragraph, having regard to their character and condition, to the nature and extent of the proposed use and (where it applies) to the condition as to sitting accommodation required by section 96 of this Act or as to the supply of intoxicating liquor for consumption as an ancillary to a table meal only;

(c) that within the twelve months preceding the application—

(i) a justices’ on-licence for the premises has been forfeited; or

(ii) the premises have been ill-conducted while a justices’ on-licence or a licence under the M1 Refreshment Houses Act 1860 was in force for them; or

(iii) the condition as to sitting accommodation required by section 96 of this Act has been habitually broken while a residential licence or a residential and restaurant licence, or other licence with the like condition, was in force for the premises; or

(iv) the condition implied by section 94(5) of this Act as to the availability of beverages other than intoxicating liquor has been habitually broken while a Part IV licence, or other licence with the like condition, was in force for the premises.

(2) Licensing justices may also refuse an application for the grant of a restaurant licence or residential and restaurant licence on the ground that the trade done in the premises in providing refreshment to persons resorting there (but not provided with board and lodging) does not habitually consist to a substantial extent in providing table meals of a kind to which the consumption of intoxicating liquor might be ancillary.

(3) Licensing justices may also refuse an application for the grant of a Part IV licence on the ground that the sale or supply of intoxicating liquor on the premises is undesirable either because it would by by self-service methods, that is to say, methods allowing a customer to help himself on payment or before payment, or because—

(a) in the case of a residential licence or a residential and restaurant licence, a large proportion of the persons provided with board and lodging for reward;

(b) in the case of a restaurant licence or a residential and restaurant licence, a large proportion of the persons resorting to the premises but not provided with board and lodging;

is habitually made up of persons under the age of eighteen who are not accompanied by others (whether parents or persons of full age) who pay for them.

(4) If on an application for the grant of a Part IV licence for any premises it is made to appear to the licensing justices on behalf of any such authority as is mentioned in subsection (5) of this section—

(a) that the authority or an officer designated in that behalf by the authority desired in connection with the application to have the premises inspected as to the matters mentioned in paragraph (b) of subsection (1) of this section; and

(b) that after reasonable steps had been taken by or on behalf of the authority or officer for the purpose it was not possible to have the premises so inspected;

the licensing justices may refuse the application.

(5) The authorities referred to in subsection (4) of this section are—

(a) (according to the situation of the premises) the Common Council of the City of London or the council of the county borough, London borough or county district [F1 or, in Wales, the council of the county or county borough]; and

(b) the authority (if not included in paragraph (a) of this subsection) discharging in the area where the premises are situated the functions of fire authority under the M2 Fire Services Act 1947; and

(c) the chief officer of police for the police area where the premises are situated.

(6) Licensing justices refusing an application for the grant of a Part IV licence shall specify in writing to the applicant the grounds of their refusal.

Textual Amendments

F1 Words in s. 98(5)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(4)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2

Marginal Citations

M1 1860 c. 27 (75:1).

M2 1947 c. 41 (50).