Licensing Act 1988 (repealed)

Permitted hours E+W

1 Modification of permitted hours. E+W

(1) In section 60(1)(a) of the principal Act (permitted hours in licensed premises on weekdays)—

(a) for the words “half past ten” there shall be substituted the word “eleven”; and

(b) the words “with a break of two and a half hours beginning at three in the afternoon” shall be omitted.

(2) In section 60(1)(b) of the principal Act (permitted hours in licensed premises on Sundays etc.), for the words “five hours beginning at two” there shall be substituted the words “four hours beginning at three”.

(3) In subsection (4) of that section (power of licensing justices to modify the permitted hours for their district within specified limits), for the words from “within” to the end there shall be substituted the words “so that the permitted hours begin at a time earlier than eleven, but not earlier than ten, in the morning”.

(4) In subsection (6) of that section (premises licensed for the sale of intoxicating liquor for consumption off the premises), the words “half past” shall be omitted.

(5) In section 62 of that Act (permitted hours in clubs), the following subsection shall be substituted for subsection (1)—

“(1) The permitted hours in premises in respect of which a club is registered shall be—

(a) on weekdays, other than Christmas Day or Good Friday, the general licensing hours; and

(b) on Sundays, Christmas Day and Good Friday, the hours fixed by or under the rules of the club in accordance with the following conditions—

(i) the hours fixed shall not be longer than five and a half hours and shall not begin earlier than twelve noon nor end later than half past ten in the evening;

(ii) there shall be a break in the afternoon of not less than two hours which shall include the hours from three to five; and

(iii) there shall not be more than three and a half hours after five.”

(6) In section 76(2) of that Act (permitted hours on weekdays where special hours certificate in force) for the words from “be the periods” to “evening and” there shall be substituted the words “extend until”.

(7) Schedule 1 to this Act has effect for the purpose of making amendments of the principal Act consequential on this section.

2 Extension of period for consumption of intoxicating liquor outside permitted hours. E+W

In section 63(1) of the principal Act, for the words “ten minutes” there shall be substituted the words “ twenty minutes ”.

3 Restriction orders. E+W

(1) After section 67 of the principal Act there shall be inserted the following—

“ Restriction orders with respect to licensed premises and clubs E+W

67A Restriction orders.

(1) An order under this section may be made with respect to—

(a) any licensed premises or part of licensed premises, other than premises licensed for the sale of intoxicating liquor for consumption off the premises only and any premises for which an occasional licence is in force; and

(b) any premises in respect of which a club is registered.

(2) An order under this section is referred to in this section and sections 67B, 67C and 67D of this Act as a “restriction order” and in those sections (and Schedule 8A to this Act) “theatre” means any premises in respect of which a notice under section 199 (c) of this Act is for the time being in force.

(3) Where a restriction order is in force with respect to any premises or part of any premises, the permitted hours in those premises or that part shall not include any time specified in the order.

(4) A restriction order may specify any time between half past two and half past five in the afternoon and may apply in relation to particular days of the week specified in the order and in relation to particular periods of the year so specified.

(5) The power to make a restriction order shall be exercisable—

(a) with respect to licensed premises, by licensing justices, and

(b) with respect to premises in respect of which a club is registered, by a magistrates’ court,

on application being made to them under this section.

(6) An application for a restriction order may be made by—

(a) the chief officer of police;

(b) any person living in the neighbourhood, or any body representing persons who do;

(c) any person carrying on a business in the neighbourhood or managing or otherwise in charge of it in the neighbourhood; or

(d) the head teacher or other person in charge of any educational establishment in the neighbourhood.

(7) A restriction order may be made—

(a) on the ground that it is desirable to avoid or reduce any disturbance of or annoyance to—

(i) persons living or working in the neighbourhood,

(ii) customers or clients of any business in the neighbourhood, or

(iii) persons attending, or in charge of persons attending, any educational establishment in the neighbourhood,

due to the use of the premises or part of the premises; or

(b) on the ground that it is desirable to avoid or reduce the occurrence of disorderly conduct in the premises or part of the premises or the occurrence in the vicinity of the premises of disorderly conduct on the part of persons resorting to the premises or part of the premises.

(8) The terms of a restriction order shall be such as the licensing justices or, as the case may be, the magistrates’ court think fit.

(9) A restriction order shall have effect as from the date specified in it and (unless revoked or varied or the licence or registration ceases to be in force) for the period specified in it, which shall not exceed twelve months.

(10) Schedule 8A to this Act shall have effect as respects the procedure for the making of restriction orders.

67B Restriction orders: appeals.

(1) Any holder of a justices’ licence, any club or any proprietor of a theatre aggrieved by a decision of licensing justices or a magistrates’ court—

(a) granting a restriction order, or

(b) as to the terms of a restriction order,

may appeal to the Crown Court against the decision.

(2) On an appeal under this section against a restriction order the applicant for the order shall be respondent in addition to the licensing justices or justices, as the case may be.

(3) Where an appeal is brought under this section against a restriction order, the operation of the order shall be suspended until the disposal of the appeal, unless the licensing justices or magistrates’ court, as the case may be, or the Crown Court otherwise order.

(4) The judgment of the Crown Court on any appeal under this section shall be final.

67C Revocation or variation of restriction orders.

(1) Subject to subsection (2) below, where a restriction order is in force in respect of any premises or part of any premises the holder of the justices’ licence, the club or the proprietor of the theatre, as the case may be, may apply to the licensing justices or magistrates’ court who made the order to have it revoked or its terms varied.

(2) No application for the revocation or variation of a restriction order shall be made within the period of six months beginning with the date on which the order came into force nor where a previous application has been made under this section with respect to the order.

(3) On an application under this section in relation to a restriction order, the licensing justices or the magistrates’ court may, if they think fit—

(a) where revocation of the order is sought, either revoke it or make such an order varying its terms as they think fit; and

(b) where variation of the terms of the order is sought, make such an order varying its terms as they think fit.

(4) Schedule 8A to this Act shall have effect as respects the procedure for the revocation or variation of restriction orders.

67D Duty to post notice of restriction order on premises.

(1) Where a restriction order is in force with respect to any licensed premises, the holder of the licence or the theatre proprietor, as the case may be, shall keep posted in some conspicuous place there a notice stating the effect of the order on the permitted hours.

(2) Where a restriction order has effect with respect to a part only of licensed premises, subsection (1) above requires the notice to be posted in that part of the premises.

(3) A person contravening this section shall be liable to a fine not exceeding level 1 on the standard scale.”

(2) After section 156 of the principal Act there shall be inserted the following section—

“156A Restriction orders.

Sections 67A, 67B and 67C of this Act shall apply in relation to a licensed canteen as they apply in relation to premises for which a justices’ on-licence is in force, with the substitution for any reference to the holder of the justices’ licence of a reference to the holder of the canteen licence.”

(3) In section 201(1) of that Act (interpretation), there shall be inserted at the appropriate place in alphabetical order—

““restriction order” has the meaning assigned to it by section 67A(2) of this Act;”.

(4) The Schedule set out in Schedule 2 to this Act shall be inserted after Schedule 8 to the principal Act.

4 Abolition of renewals of extended hours orders. E+W

(1) In section 71 of the principal Act (extended hours orders for licensed premises)—

(a) in subsection (2), for the words from “shall” to the end there shall be substituted the words—

“(a) shall lapse when the licence ceases to be in force otherwise than on its being superseded on renewal or transfer; and

(b) may be varied by a further such order.”; and

(b) in subsection (3), the words “to be made otherwise than by way of renewal of a previous order (without variation)” shall be omitted.

(2) In section 72 of that Act (extended hours orders for premises in respect of which a club is registered), in subsection (2), for the words from “or on the date” to “in the order” there shall be substituted the words “ without being renewed ” and the words “renewed or” shall be omitted.

5 Discretion with respect to grant, and limitation, of special hours certificates. E+W

(1) In sections 77 and 78 of the principal Act (duty, subject to specified conditions, to grant special hours certificates for licensed premises and clubs respectively)—

(a) for the word “shall” there shall be substituted the word “ may ”; and

(b) after the word “grant” there shall be inserted the words “ , with or without limitations, ”.

(2) The following section shall be inserted after section 78 of that Act—

“78A Limitations on special hours certificates.

(1) On an application for a special hours certificate the licensing justices or, as the case may be, the magistrates’ court may grant a certificate under section 77 or 78 of this Act limited in any of the following respects.

(2) The limitations referred to are limitations—

(a) to particular times of the day;

(b) to particular days of the week;

(c) to particular periods of the year.

(3) Different limitations may be imposed by virtue of subsection (2)(a) above for different days.

(4) Where a special hours certificate is subject to limitations under this section the licensing justices or, as the case may be, the magistrates’ court may, on the application of the licensee or the club, vary any limitation to which it is so subject.”

(3) In section 80 of that Act (certificates limited to particular days or periods)—

(a) subsection (2) shall cease to have effect; and

(b) in subsection (3), for the words “subsection (2) of this section” there shall be substituted the words “ section 78A of this Act ”.

(4) For section 81A of that Act (special hours certificates: restriction of hours) there shall be substituted the following section—

“81A Special hours certificates: further powers to impose limitations as to hours.

(1) Limitations to particular times of the day may also be attached to special hours certificates by licensing justices or, as the case may be, a magistrates’ court as provided by subsections (2) and (3) below; and different limitations may be imposed under this section for different days.

(2) On an application for revocation of such a certificate under section 81(2) of this Act, the justices or court may, instead of revoking the certificate, attach any limitation authorised by subsection (1) above or vary any such limitation to which the certificate is subject under section 78A of this Act.

(3) At any time while such a certificate is in force (other than for any premises situated as mentioned in section 76(3) of this Act) the justices or court may, on the application of the chief officer of police, attach any limitation authorised by subsection (1) above or vary any such limitation to which the certificate is subject under section 78A of this Act.

(4) Where a special hours certificate is subject to limitations under subsection (2) or (3) above, the licensing justices or, as the case may be, the magistrates’ court may, on the application of the licensee or the club, vary any limitation to which it is so subject.”

(5) In section 81B(1) of that Act (special hours certificates: appeals) after the words “magistrates’ court” there shall be inserted the following—

“(a) not to grant a special hours certificate under section 77 or 78 of this Act;”

and paragraph (a) shall become paragraph (aa) of that subsection.

6 Exemption orders and special hours certificates: fees E+W

(1) In section 74(6) of the principal Act (discharge of power to make exemption orders in City of London and metropolitan police district), after paragraph (b), there shall be added the following—

“and the Commissioner of Police for the City of London and the Commissioner of Police for the Metropolis shall have the same power as justices’ clerks to charge fees in respect of matters arising under this section.”

(2) In section 79 of the principal Act (certificates of suitability of club premises) after subsection (6), there shall be added the following subsection—

“(7) On any application for the grant or renewal of a certificate, or the waiver or modification of a condition or restriction in a certificate, under this section, the applicant shall pay a reasonable fee determined by the authority.”

7 Transfer of powers with respect to general orders of exemption in London. E+W

In section 74(6) of the principal Act (discharge of power to make exemption orders in City of London and metropolitan police district)—

(a) after the word “district”, in the first place where it occurs, there shall be inserted the words “ subsection (4) of ”; and

(b) for the word “references”, there shall be substituted, in the first place where it occurs, the words “ the reference ” and in the second and third places where it occurs, the words “ a reference ”.

8 Power to vary permitted hours in on-licensed vineyard premises. E+W

The following section shall be inserted after section 87 of the principal Act—

“87A Power to vary permitted hours in on-licensed vineyard premises.

(1) Licensing justices, on an application by the holder of a justices’ on-licence for any premises which form part of a vineyard, may make an order varying the permitted hours in those premises if, after hearing evidence, they are satisfied—

(a) that the sale of intoxicating liquor on the premises is ancillary to the carrying on of a business of producing wine from grapes grown in the vineyard; and

(b) that it is desirable to make an order under this section for the accommodation of persons visiting the vineyard.

(2) An order under this section may vary the permitted hours either generally or for such days or part or parts of the year as the licensing justices think fit.

(3) In making an order under this section with respect to permitted hours on weekdays, other than Christmas Day or Good Friday, licensing justices may not so vary the hours as to make them exceed in total more than twelve hours on any day.

(4) In making an order under this section with respect to permitted hours on Sundays, Christmas Day or Good Friday, licensing justices may not so vary the hours as to make them—

(a) begin before twelve noon; or

(b) exceed in total more than five and a half hours on any day.

(5) A person intending to apply for an order under this section shall give notice in writing of his intention to the clerk to the licensing justices and the chief officer of police at least 21 days before the commencement of the licensing sessions at which the application is to be made.

(6) Licensing justices shall not hear an application for an order under this section unless notice under subsection (5) of this section has been duly given.

(7) Licensing justices may revoke or vary an order under this section; but, unless it is proved that the holder of the justices’ on-licence had notice of the revocation or variation, a person shall not be guilty of an offence under section 59 of this Act in doing anything that would have been lawful had the revocation or variation not been made.”