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The Deregulation (Sunday Licensing) Order 2001

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11.—(1) Section 81B (special hours certificates: appeals)(1) of the 1964 Act shall be amended as follows.

(2) In subsection (1)(c)(2) after “section 81A” insert “or 81AA”.

(3) In subsection (2) after “81A(2)” insert “or 81AA”.

(4) After subsection (2) insert:

“(2A) Subsection (2C) applies where the condition in subsection (2B) is satisfied and the effect of the Crown Court allowing or dismissing an appeal under this section is that—

(a)a special hours certificate which extends to Sundays is granted,

(b)a special hours certificate which extends to Sundays is varied so as to relax a limitation in respect of Sundays, or

(c)a special hours certificate not extending to Sundays is varied so as to extend to Sundays.

(2B) The condition referred to in subsection (2A) is that a relevant local authority made to the licensing justices or, as the case may be, the magistrates' court an objection to the grant or variation of the certificate on grounds based on the residential character of the area in which the premises to which the certificate relates are situated.

(2C) Where this subsection applies, the Crown Court shall state the reasons for their decision.”.

(5) After subsection (4) insert:

“(5) In this section “relevant local authority” has the same meaning as in section 71(5) of this Act.”.

(1)

Section 81B was inserted by section 3 of the Licensing (Amendment) Act 1980 (c. 40) and amended by the Licensing Act 1988, Schedule 3, and S.I. 1996/977.

(2)

Subsections (1)(c) and (2) were substituted by the Licensing Act 1988, Schedule 3.

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