Local Government Act 1972

Section 204.

SCHEDULE 25 E+W Amendments of Licensing Enactments

Part I E+W Amendments of M1 Licensing Act 1964

Marginal Citations

M1 1964 c. 26.

1 For subsection (1) of section 2 there shall be substituted the following subsection:

“(1) The licensing districts for the purposes of this Act Shall be the petty sessions areas, within the meaning of the Magistrates Courts Act 1952”.

Modifications etc. (not altering text)

C1 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F1 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 25 paras. 2, 7 repealed (with saving) by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I (and repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201, Sch. 7; S.I. 2005/3056, art. 2(2))

3 (1) In section 66, for the words “county or county borough” in each place where they occur, there shall be substituted the word “ district ”.

(2) In subsection (4)(b) of that section, for the words “clerk of the county council or town clerk of the county borough” there shall be substituted the words “ proper officer of the district council ” and for the word “1968” there shall be substituted the word “ 1975 ”.

(3) In subsection (7) of that section, for the words “clerk of the county council or town clerk” there shall be substituted the words “ proper officer of the district council ”.

Modifications etc. (not altering text)

C2 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 (1) In section 67, for the words “county or county borough” in each place where they occur, there shall he substituted the word “ district ”.

(2) In subsection (3) of that section for the words “chairman of the county council or mayor” there shall be substituted the words “ chairman of the district council ” and for the words “clerk of the county council or town clerk” there shall be substituted the words “ proper officer of the district council ”.

Modifications etc. (not altering text)

C3 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5 In section 180(1)(a) for the words “county or county borough” there shall be substituted the words “ district or part thereof ”.

Modifications etc. (not altering text)

C4 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

6 In Schedule 2. for paragraphs (a) to (c) of paragraph 5 there shall be substituted the following paragraphs:—

“(a) if the premises to be licensed are outside Greater London, to the proper officer of the district council, and

(b) if the premises to be licensed are in a parish, to the proper officer of the parish council or, where there is no parish council, to the chainman of the parish meeting; and

(c) if the premises are in a community where there is a community council, to the proper officer of that council.”

Modifications etc. (not altering text)

C5 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F2 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 25 paras. 2, 7 repealed (with saving) by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I (and repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201, Sch. 7; S.I. 2005/3056, art. 2(2))

8 (1) For paragraphs I to 3 of Schedule 8 there shall be substituted the following paragraphs:—

“1 Subject to paragraph 3 below, the rules made by the Secretary of State under section 42 of the Local Government Act 1972 for the conduct of elections of councillors for local government areas shall have effect in their application to polls under section 66 of this Act subject to such adaptations, alterations exceptions as seem appropriate to the Secretary of State.

2 Subsections (1) and (3) of section 243 of the Local Government Act 1972 shall apply to the day fixed for the poll under section 66 of this Act as they have effect by virtue of paragraph 1 above and to the day or last day on which anything is required or permitted to be done by this Schedule as they apply to the day or the last day on which anything is required or permitted to be done by any provision to which the said subsection (1) applies, and references in subsections (4) and (5) of that section to any rules mentioned in subsection (2) of that section shall be construed as including references to any such rules as they have effect by virtue of paragraph 1 above.

3 The adaptations and alterations made by the Secretary of State under paragraph 1 above shall provide for the use, subject to any variations which in the circumstances appear to the Secretary of State to be appropriate, of the forms B to E in the Appendix to this Schedule, or of forms substantially to the like effect, in place of any corresponding forms required by the rules referred to in paragraph 1 above.”

(2) Paragraph 4 of that Schedule shall be omitted.

(3) In paragraph 6 of that Schedule, for the word “county”, each place where it occurs (except in passages omitted by the following provision of this sub-paragraph) there shall be substituted the word “ district ”; in sub-paragraph (1) of that paragraph the words “In a county”; the words “and in a county borough divided into wards the mayor”, the words “or county borough” in the first two places where they occur, and the words from “except that” to the end of the sub-paragraph shall be omitted ; in sub-paragraph (2) the words “or county borough” and the words “or mayor”, both places where they occur, shall be omitted ; and in sub-paragraph (3) the words “or mayor” and “or county borough” shall be omitted.

(4) In paragraph 7, for the word “county” in each place where it occurs (except in the expression “county borough”) there shall be substituted the word “ district ” and the following words, in each place where they occur, shall be omitted, namely “or county borough or mayor” and “or borough”

Modifications etc. (not altering text)

C6 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9 (1) In the Appendix to Schedule 8 to that Act, in forms A to C and E for the words “[county of ] [county borough of ]” there shall be substituted the words “ [district of ] ” and, in form A, for the words “county [borough]” there shall be substituted the word “ district ”.

(2) In Form D in that Appendix, the words “[ electoral division of the county of ] [county borough of ]”, in each place where they occur, shall be omitted and, subject to those omissions, for the words “county borough” or “county [borough]”, in each place where they occur, there shall be substituted the word “ district ”.

Modifications etc. (not altering text)

C7 The text of Sch. 25 paras. 1, 3–6, 8, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part II E+W

F3 10–12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 25 Pt. II paras. 10–12 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I