Lotteries and Amusements Act 1976 (repealed)

1 (1) In this Schedule “the appropriate authority” means— E+W+S

(a) in relation to any premises in England or Wales in respect of which a justices’ on-licence (other than a Part IV licence) is for the time being in force, the licensing justices for the licensing district in which the premises are situated;

(b) in relation to any other premises in England or Wales, the local authority within whose area the premises are situated;

[F1 (c) in relation to any premises in Scotland in respect of which a hotel licence or a public house licence is for the time being in force, the licensing board for the licensing area in which the premises are situated;]

(d) in relation to any other premises in Scotland, the local authority within whose area the premises are situated.

(2) In this Schedule—

• “justices’ on-licence”, “licensing district” and “Part IV licence” have the same meanings as in the M1 Licensing Act 1964;

• [F2 “hotel certificate”, “licensing area” and “public house licence” have the same meanings as in the M2 Licensing (Scotland) Act 1959;]

• [F2 “hotel licence”, “licensing area”, “licensing board” and “public house licence” have the same meanings as in the Licensing (Scotland) Act 1976;]

• “local authority” means—

  (a)

  in England, a district council, a London borough council and the Common Council of the City of London;

  (b)

  in Wales, a [F3 county council or county borough]council; and

  (c)

  in Scotland, [F4 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; and

• “permit” means a permit under section 16 above [F5 and

• “the proper officer of the appropriate authority” means—

  (a)

  where the appropriate authority is the licensing justices for a licensing district in England and Wales, the chief executive to the justices; and

  (b)

  in any other case, the clerk to the authority.]

Textual Amendments

F1 Sch. 3 para. 1(1)(c) substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 72:2), s. 28(1), Sch. 2 para. 8(a)

F2 Words commencing “hotel licence” substituted (S.) for words from “hotel” to “1959” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 72:2), s. 28(1), Sch. 2 para. 8(b)

F3 Words in the definition of "local authority" in Sch. 3 para. 1(2) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 50(3) (with Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4

F4 Words in the definition of "local authority" in Sch. 3 para. 1(2) substituted (1.4.1996) (S.) by 1994 c. 39, s. 180(1), Sch. 13 para. 104(4); S.I. 1996/323, art. 4

F5 Definition and word “and” preceding it inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 87(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii).

Marginal Citations

M1 1964 c. 26.

M2 1959 c. 51.