Licensing Act 1964
Part I The General Licensing System
Justices’ licences and provisions as to licensing justices
1 Justices’ licenses.
2 Licensing justices and districts.
Grant of justices’ licence
3 Grant of justices’ licence.
4 New licences.
5 Removals.
6 Provisional grant of new licence or removal.
7 Renewals.
8 Transfers.
8A Approval of prospective licensees.
9 Persons and premises disqualified for holding or receiving justices’ licence.
Interim authorities
9A Interim authorities.
9B Supplementary provisions relating to interim authorities.
Protection orders
10 Protection orders.
11 Supplementary provisions relating to protection orders.
Old on-licences
12 Restricted power of licensing justices to refuse renewal or transfer of old on-licences.
13, 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Special removals of old on-licences.
16—18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Control of licensing justices over structure of licensed premises
19 Power to require structural alterations on renewal of on-licence.
20 Consent required for certain alterations to on-licensed premises.
Revocation of justices licenses
20A Revocation.
Appeals
21 Appeals.
22 Procedural provisions as to appeals.
23 Powers of quarter sessions on appeals.
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 Award of costs of licensing justices out of local funds.
Duration of Licences
26 Duration of licences.
27 Effect on duration of opposition to grant of licence.
Clerk and chief executiveto licensing justices and fees
28 Clerk and chief executive to licensing justices.
29 Fees chargeable in licensing matters.
Register of Licences
30 Register of licences.
31 Convictions, forfeitures and disqualifications to be entered in register.
32 Registration of owner, etc.
33 Notice of conviction of licence holder to be given to registered owner.
34 Inspection of register.
35 Duty of licensing justices to have regard to entries in register.
Miscellaneous
36 Proof of justices’ licence and provisions as to forgery thereof.
37 Power to extend existing on-licence to additional types of liquor.
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Sale and Supply of Intoxicating Liquor in ClubPremises
Conditions for supply of intoxicating liquor by clubs
39 Conditions for supply of intoxicating liquor by clubs.
Registered clubs
40 Registration of clubs.
41 Qualifications for registration.
42 Modification of registration qualifications for certain clubs.
43 Disqualification for and refusal of registration certificate.
44 Objections to and cancellation of registration certificate.
45 Inspection of premises before first registration.
46 Rights of fire authorities in connection with registration of clubs.
47 Power to order disqualification of premises.
48 Notification of alteration in rules of registered club.
49 Sale of intoxicating liquor by registered clubs.
50 Appeal to quarter sessions.
51 Register of clubs.
52 Provisions as to different premises of same club.
53 Penalty for false statements.
54 Search warrants.
Licensing of club premises
55 Licensing of club premises.
Miners’ welfare institutes
56 Application of Part II to miners’ welfare institutes.
Supplemental
57 Applications to magistrates’ court under Part II.
58 Interpretation of Part II.
Part III Permitted Hours
Prohibition of sale, etc. of intoxicating liquor outside permitted hours
59 Prohibition of sale, etc. of intoxicating liquor outside permitted hours.
General provisions as to permitted hours
60 Permitted hours in licensed premises.
61 Orders varying permitted hours.
62 Permitted hours in clubs.
Exceptions
63 Exceptions from prohibition of sale, etc. of intoxicating liquor outside permitted hours.
Restrictions on permitted hours in licensed premises
64 Seasonal licenses.
65 Six-day and early-closing licences.
66 Sunday closing in Wales and Monmouthshire.
67 Supplementary provisions for Welsh Sunday polls.
Restriction orders with respect to licensed premises and clubs
67A Restriction orders.
67B Restriction orders: appeals
67C Revocation or variation of restriction orders.
67D Duty to post notice of restriction order on premises.
Extension of permitted hours in licensed premises and clubs
68 Extension of permitted hours in restaurants, etc.
69 Application of paragraph (a) or (b) of s. 68(1).
70 Extended hours in restaurants, etc. providing entertainment.
71 Orders of licensing justices under s. 70.
72 Orders of magistrates’ court under s. 70.
73 Supplementary provisions as to orders under s. 70.
74 Exemption orders.
75 Procedural provisions as to exemption orders outside metropolitan area.
Special hours certificates
76 Permitted hours where special hours certificate in force.
77 Special hours certificates for licensed premises.
77A Provisional grant of special hours certificates by licensing justices
78 Special hours certificates for clubs.
78ZA Provisional grant of Special Hours Certificates by Magistrates’ Court
78A Limitations on special hours certificates.
79 Licensing authority’s certificate of suitability of club premises for music and dancing.
80 Special hours certificates limited to particular days or parts of the year.
81 Revocation of special hours certificates.
81A Special hours certificates: further powers to impose limitations as to hours.
81AA Special hours certificates: exclusion of Sundays in case of disturbance etc.
81B Special hours certificates: appeals
82 Special hours certificate and extension or exemption orders in respect of same premises.
83 Supplementary provisions as to special hours certificates.
Millennium licensing hours
83A Millennium licensing hours
Parties organised for gain
84 Prohibition of consumption of intoxicating liquor outside general licensing hours at parties organised for gain.
85 Supplemental provisions as to parties organised for gain.
Miscellaneous
86 Permitted hours in off-sales department of on-licensed premises.
86A International ports.
87 International airports.
87A Power to vary permitted hours in on-licensed vineyard premises.
88 Saving as to Sunday observance.
Supplementary provisions
89 Duty of licensee to post notice where permitted hours modified.
90 Opening during permitted hours not obligatory.
91 Procedure of licensing justices.
92 Meaning of the magistrates’ court in relation to clubs, and procedure on applications to magistrates’ courts.
Part IV Restaurants and Guest Houses
93 Provisions as to grant of certain licences for restaurants, guest houses, etc.
94 Conditions attached to Part IV licences for restaurants, guest houses, etc.
95 Permitted hours in premises for which restaurant or residential and restaurant licence is in force.
96 Requirement of sitting accommodation for residential licence or residential and restaurant licence.
97 Restrictions concerning justices’ licences for restaurants and guest-houses, etc.
98 Grounds for refusing applications for Part IV licences.
99 Application for Part IV licence in place of other on-licence.
100 Power of court to disqualify for Part IV licences on conviction of certain offences.
101 Supplementary provisions as to disqualification orders.
Part V
102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
104—107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VI New Towns
108 Committee to determine distribution of licensed premises in new town.
109 Formulation and submission to Minister of proposals by committee.
110 Objections to and confirmation of proposals and power to revoke or vary.
111 Grant of new licences and removals in new towns.
112 Restriction on grant or variation of justices’ licence for premises in new towns.
113 Temporary licensed premises.
114 Membership of committee not to disqualify licensing justice.
115 Development corporation to provide services for, and pay expenses of, committee.
116 Effect of transfer of development corporation’s property to Commission for the New Towns.
117 Meaning of “new town" and effect of revocation or variation of order designating site of proposed new town.
Part VII Licensing Planning Areas
118 Licensing planning areas.
119 Licensing planning committees.
120 Variation and abolition of licensing planning areas.
121 Submission and confirmation of proposals.
122 Planning removals.
123 Limitations on power to grant or vary licences in licensing planning areas.
124 Extinguishment of licences in licensing planning areas.
125 Old on-licences in licensing planning areas.
126 Temporary premises.
127, 128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
129 Regulations.
130 Membership of licensing planning committee not to disqualify licensing justice.
131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VIII Suspension of Licences by reason of War Circumstances
132 Suspension of licence where business discontinued owing to war circumstances.
133 Restoration to full force of licence in suspense.
134 Extinguishment of licence in suspense when suspension no longer justified.
135 Extinguishment of licence in suspense on grounds of conduct or fitness.
136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
137 Discontinuance of business taking place during proceedings for renewal.
138 Transfer of licence in suspense to owner of licensed premises.
139 Appeals to quarter sessions.
140 Rules, etc.
Part IX Suspension of Licences by Reason of Compulsory Acquisition, etc.
141 Suspension of justices’ licence where licensed premises compulsorily acquired or temporary premises cease to be available.
142 Restoration to full force of licence in suspense.
143 Extinguishment of licence in suspense when suspension no longer justified.
144 Extinguishment of licence in suspense on other grounds.
145 Transfer of licence in suspense.
146 Appeals to quarter sessions.
147 Rules, etc.
Part X Seamen’s Canteens
Canteen licences
148 Licences for seamen’s canteens authorising the holding of retailer’s on-licences.
149 Grant of canteen licences.
150 Provisional canteen licences.
150A Variation of description of intoxicating liquor authorised to be sold.
151 Renewal of canteen licences.
152 Transfer of canteen licences.
153 Alterations to canteen premises.
153A Revocation of canteen licences.
154 Rights of appeal.
Sale and supply of intoxicating liquor in licensed canteens
155 Prohibition of sale, etc. of intoxicating liquor in canteens outside permitted hours.
156 Permitted hours in licensed canteen.
156A Restriction orders.
157 Prohibition of sale or supply of intoxicating liquor in canteens for consumption off the premises.
Supplementary
158 Exemption of licensed canteens from restrictions under s. 214 of Merchant Shipping Act 1894.
159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part XI General Provisions Regulating Sale, etc., Possession and Delivery of Intoxicating Liquor
160 Selling liquor without licence.
161 Selling liquor in breach of conditions of licence.
162 Keeping on premises of liquor of kind not authorised by licence.
163 Delivery from vehicles, etc.
164 Penalty for breach of terms of off-licence.
165 Long pull prohibited.
166 Restriction on credit sales.
167 Saving for liqueur chocolates.
Part XII Protection of Persons under Eighteen and other Provisions as to Conduct of Licensed Premises and Licensed Canteens.
Persons under eighteen
168 Children prohibited from bars.
168A Children’s certificates.
169A Sale of intoxicating liquor to a person under 18.
169B Allowing the sale of intoxicating liquor to a person under 18.
169C Purchase of intoxicating liquor by or for a person under 18.
169D Exception to the section 169A-C offences.
169E Consumption of intoxicating liquor by a person under 18.
169F Delivery of intoxicating liquor to a person under 18.
169G Sending a person under 18 to obtain intoxicating liquor.
169H Penalty for offences.
169I Enforcement role for weights and measures authorities in relation to certain offences
169 Serving or delivering intoxicating liquor to or for consumption by persons under 18.
170 Persons under 18 not to be employed in bars.
170A Employment in bars under approved training schemes
171 Exclusion from sections 168 to 170 of bars while in regular use for service of table meals.
171A Prohibition of unsupervised off-sales by persons under 18.
Preservation of order
172 Licence holder not to permit drunkenness, etc.
172A Other persons in authority not to permit drunkenness etc.
173 Procuring drink for drunken person.
174 Power to exclude drunkards, etc., from licensed premises.
175 Prostitutes not to be allowed to assemble on licensed premises.
176 Permitting licensed premises to be a brothel.
177 Gaming on licensed premises.
Offences in relation to constables
178 Offences in relation to constables.
Application to seamen’s canteens and occasional licences
179 Application of Part XII to seamen’s canteens and premises for which occasional licence is in force.
Part XIII Miscellaneous
Closure of certain licensed premises due to disorder or disturbance.
179A Closure order
179B Consideration of closure order by certain justices
179C Extensions of closure order
179D Cancellation of closure order
179E Revocation of justices’ licence etc. after closure order
179F Procedural requirements
179G Rights of appeal
179H Enforcement
179I Exemption from liability for certain damages
179J Offences by body corporate
179K Interpretation of sections 179A to 179K
Other
180 Consent to grant of occasional licence.
181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
181A Sales to or by persons under 18 of intoxicating liquor on wholesale premises.
182 Relaxation, with respect to licensed premises, of law relating to music and dancing licences and billiards.
183 Name of holder of licence, etc., to be affixed to licensed premises.
184 Communication between licensed premises and places of public resort.
185 Licence or exemption order to be produced on demand.
186 Right of constables to enter premises.
187 Search warrant.
188 Closing of licensed premises in case of riot.
189 Temporary licence pending appeal against conviction.
190 Magistrates’ courts, etc. not to sit in licensed premises.
191 Procedure for amending certain rules of clubs established before 3rd August 1961.
Part XIV Supplemental
192 Jurisdiction of justices.
192A Power of justices at licensing sessions to act in divisions.
193 Disqualification of justices.
193A Power of clerk to licensing justices to grant unopposed renewals of justices’ licences and canteen licences.
193AA Power of clerk to licensing justices to grant certain transfers etc.
193B Power of licensing justices to award costs.
194 Prosecution of offences and disposal of forefeited goods.
195 Application of s. 194 to offences under Licensing Act 1872 and Licensing Act 1902.
196 Proof of sale or consumption of intoxicating liquor.
196A Extension to certain proceedings under this Act of section 97 of the Magistrates’ Courts Act 1980.
197 Service of notices, etc.
198 Orders, rules and regulations.
199 Exemptions and savings.
200 Meaning of “licensed premises" in this Act and s. 12 of Licensing Act 1872.
201 Interpretation of other expressions.
202 Application to Isles of Scilly.
203†Amendments, transitional provisions and repeals.
204 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Constitution and Procedure of Licensing Justices
Part I Licensing Committees
1A licensing committee shall be appointed in the month of...
2A licensing committee shall consist of such number of members...
2AThe Secretary of State may direct that such number greater...
3A casual vacancy arising in a licensing committee from death,...
4The quorum of a licensing committee shall be three.
5The members of the committee retiring at the end of...
6Notwithstanding anything in section 2(2) of this Act, where, in...
Part II Licensing Sessions
7The licensing sessions of each twelve months beginning with February...
8The licensing justices shall appoint the day, time and place...
9The licensing justices may for the general annual licensing meeting...
10A licensing sessions may, for the purpose of dealing with...
11When licensing justices have appointed the time and place for...
SCHEDULE 2 Applications for Justices’ Licences
1A person proposing to apply at a licensing sessions for...
2A person proposing to apply at transfer sessions for the...
3With the notice given under sub-paragraph (a) of paragraph 1...
4A notice under this Schedule— (a) shall be signed by...
5The notice required by sub-paragraph (a) of paragraph 1 of...
6The chief executive to the licensing justices shall for each...
7Where the applicant for the grant of a justices’ licence...
8On the consideration of an application for a justices’ licence...
9. . . . . . . . . ....
SCHEDULES 3 and 4 . . .
SCHEDULE 5 Requirements to be Complied With by Club’s Application for Registration Certificate
1The application shall specify the name, objects and address of...
2The application shall state, in terms of subsections (1) and...
3The application shall set out, or shall incorporate a document...
4(1) The application shall state, or shall incorporate a document...
5The application shall— (a) identify the premises for which the...
6(1) The application shall give, or shall incorporate a document...
7(1) The application shall give, or shall incorporate a document...
8Where the interest held by or in trust for the...
SCHEDULE 6 Procedure on Applications and Complaints relating to Registration Certificates
Part I Issue, Renewal and Surrender of Registration Certificates
Applications, etc.
1(1) An application by a club for the issue, renewal...
2A registration certificate shall be surrendered by lodging with the...
3(1) Any such application or amended application and any such...
4On receipt of any such application or amended application or...
5A club applying for the issue of a registration certificate...
Objections, etc.
6(1) Subject to sub-paragraph (2) of this paragraph, an objection...
7On receipt of an objection to an application for the...
8Paragraphs 6 and 7 of this Schedule shall apply in...
9Where any such objection is made or any such notice...
10Where a club applies for a renewal of a registration...
11(1) Subject to sub-paragraph (2) of this paragraph, an objection...
12Where, on an objection to an application for the issue...
Part II Complaint for Cancellation or Variation of Registration Certificate
13(1) A summons issued on a complaint made against a...
14Where it appears to a magistrates’ court having jurisdiction to...
15A complaint may be made against a club for the...
Part III General
16(1) A magistrates’ court may deal with an application by...
17On any application or complaint made to a magistrates’ court...
18This Schedule, in so far as it relates to matters...
SCHEDULE 7 Provisions as to Club Rules
Management of club
1The affairs of the club, in matters not reserved for...
General meetings
2(1) There must, under the rules, be a general meeting...
Membership
3(1) Ordinary members must, under the rules, be elected either...
Meaning of “elective committee"
4(1) In this Schedule “elective committee” means, subject to the...
SCHEDULE 8 Polls in Wales and Monmouthshire
1Subject to paragraph 3 below, the rules made by the...
2Subsections (1) and (3) of section 243 of the Local...
3The adaptations and alterations made by the Secretary of State...
4. . . . . . . . . ....
5(1) Regulations made under section 53 of the Representation of...
6.—(1). . . . . . . . . ....
7(1) At a poll in a county or county borough...
(7A)In paragraphs 6 and 7 above “ returning officer ”,...
Appendix of Forms
A.Form of requisition paper
B.Form of, and directions for printing, ballot paper
(a)
(b)
(c)
1Nothing is to be printed on the ballot paper except...
2The number on the back of the ballot paper is...
C.
1The voter should see that the ballot paper, before it...
2The voter will go into one of the compartments and,...
3The voter will then fold up the ballot paper so...
4If the voter inadvertently spoils a ballot paper he can...
5If the voter places any mark on the paper by...
6If the voter fraudulently takes a ballot paper out of...
D.Form of declaration to be made by the companion of a blind person
E.Questions which may be put to voters
SCHEDULE 8A Procedure for Making, Varying or Revoking Restriction Orders
Part I Applications to Licensing Justices
Notice of application
1(1) A person intending to apply to licensing justices for...
Objections to applications for variation or revocation
2(1) A person intending to oppose an application to licensing...
Evidence
3Evidence given on an application to licensing justices for the...
Part II Applications to Magistrates’ Courts
Notice of application
4(1) A magistrates’ court shall not hear an application for...
Objections to applications for variation or revocation
5(1) A person intending to oppose an application to a...
SCHEDULE 8B MILLENNIUM LICENSING HOURS
Millennium licensing hours
1(1) The Millennium licensing hours shall (subject to any Millennium...
Millennium restriction orders
2(1) An order under this paragraph (referred to in this...
Applications for Millennium restriction orders: licensing justices
3(1) A person intending to apply to licensing justices for...
Applications for Millennium restriction orders: magistrates’ courts
4(1) A Magistrates’ court shall not hear an application for...
Millennium restriction orders: appeals
5(1) Any holder of a justices’ licence, any club or...
Duty to post notice of Millennium restriction order on premises
6(1) Where a Millennium restriction order is in force with...
SCHEDULE 9 . . .
SCHEDULE 10 Committee for New Town
1(1) Subject to sub-paragraph (2) of this paragraph, a committee...
2The members of a committee appointed under sub-paragraphs (b) and...
3The appointment of a member of any such committee shall...
4The quorum of any such committee shall be such as...
5If the votes are equal on any question the chairman...
6Subject to paragraphs 4 and 5 of this Schedule, the...
7The proceedings of any such committee shall not be invalidated...
SCHEDULE 11 Licensing Planning Committees
General provisions
1A licensing planning committee shall consist of—
2(1) The members of a licensing planning committee appointed under...
3The appointment of a member of a licensing planning committee...
4The provisions of paragraph 3 of this Schedule shall be...
5If the votes are equal on any question the chairman...
6The proceedings of a licensing planning committee shall not be...
7The chief executive to the licensing justices for the licensing...
8An order constituting a licensing planning area may provide—
9Where an order under section 120 of this Act adds...
10So far as any order makes any provision authorised by...
11—16. . . . . . . . . ....
SCHEDULE 12 Applications for Grant and Transfer of Canteen Licences
Applications for grant of licences
1(1) A person proposing to apply for the grant of...
2A notice under paragraph 1 of this Schedule shall state...
Applications for transfers and confirmation of transfers
3A person proposing to apply to the licensing justices for...
4A person proposing to apply to justices of the peace...
5A notice under paragraph 3 or paragraph 4 of this...
General
6Where an applicant for the grant of a canteen licence...
SCHEDULE 12A Children’s Certificates: Supplementary Provisions
Applications
1(1) Licensing justices shall not entertain an application for a...
2(1) Where a chief officer of police wishes to oppose...
Refusal
3Where licensing justices refuse an application for a children’s certificate,...
Conditions
4(1) It shall be a condition of the grant of...
When operational
5(1) Subject to any condition attached by the licensing justices...
Duration
6A children’s certificate shall remain in force until revoked.
7(1) Licensing justices may, on their own motion or on...
8If the holder of the justices’ licence for the licensed...
9A children’s certificate shall be treated as revoked on the...
Appeals
10(1) Any applicant for a children’s certificate who is aggrieved...
11Where the Crown Court— (a) has awarded costs against an...
SCHEDULE 13 . . .
SCHEDULE 14 Transitional Provisions
1Any reference in any enactment or document, whether expressed or...
2Any regulation, order, rule, licence, appointment, direction, certificate or notice...
3A conviction of an offence under an enactment repealed by...
4Without prejudice to paragraph 3 of this Schedule, for the...
5. . . . . . . . . ....
6(1) Where at the commencement of this Act a justices’...
7. . . . . . . . . ....
8The mention of particular matters in this Schedule shall be...
SCHEDULE 15 . . .

Licensing Act 1964

1964 c. 26

An Act to consolidate certain enactments relating to the sale and supply of intoxicating liquor in England and Wales and to matters connected therewith; with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.

Annotations:
Commencement Information
I1

Act wholly in force at 1st January 1965 see s. 204(2).

Modifications etc. (not altering text)
C1

Act subject to transfer of powers in part (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C3

Functions of clerk of court, where the court is the Crown Court, now exercisable by the appropriate officer of the Crown Court: Courts Act 1971 (c. 23, SIF 37), Sch. 8 Pt. I