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Licensing Act 1964

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I The General Licensing System

    1. Justices' licences and provisions as to licensing justices

      1. 1.Justices' licences

      2. 2.Licensing justices and districts

    2. Grant of justices' licence

      1. 3.Grant of justices' licence

      2. 4.New licences

      3. 5.Removals

      4. 6.Provisional grant of new licence or removal

      5. 7.Renewals

      6. 8.Transfers

      7. 9.Persons and premises disqualified for holding or receiving a justices' licence

    3. Protection orders

      1. 10.Protection orders

      2. 11.Supplementary provisions relating to protection orders

    4. Old on-licences

      1. 12.Restricted power of licensing justices to refuse renewal or transfer of old on-licences

      2. 13.Reference of application for renewal or transfer to compensation authority

      3. 14.Compensation on refusal to renew or transfer an old on-licence

      4. 15.Special removals of old on-licences

      5. 16.Compensation authorities

      6. 17.Compensation fund

      7. 18.Provisions applicable to purchase under certain statutory powers of premises to which old on-licence is attached

    5. Control of licensing justices over structure of licensed premises

      1. 19.Power to require structural alterations on renewal of on-licence

      2. 20.Consent required for certain alterations to on-licensed premises

    6. Appeals

      1. 21.Appeals

      2. 22.Procedural provisions as to appeals

      3. 23.Powers of quarter sessions on appeals

      4. 24.Award of costs against appellant

      5. 25.Award of costs of licensing justices out of local funds

    7. Duration of Licences

      1. 26.Duration of licences

      2. 27.Effect on duration of opposition to grant of licence

    8. Clerk to licensing justices and fees

      1. 28.Clerk to licensing justices

      2. 29.Fees chargeable in licensing matters

    9. Register of Licences

      1. 30.Register of licences

      2. 31.Convictions, forfeitures and disqualifications to be entered in register

      3. 32.Registration of owner, etc.

      4. 33.Notice of conviction of licence holder to be given to registered owner

      5. 34.Inspection of register

      6. 35.Duty of licensing justices to have regard to entries in register

    10. Miscellaneous

      1. 36.Proof of justices' licence and provisions as to forgery thereof

      2. 37.Power to extend existing on-licence to additional types of liquor

      3. 38.Rules

  3. PART II Sale and Supply of Intoxicating Liquor in Club Premises

    1. Conditions for supply of intoxicating liquor by clubs

      1. 39.Conditions for supply of intoxicating liquor by clubs

    2. Registered clubs

      1. 40.Registration of clubs

      2. 41.Qualifications for registration

      3. 42.Modifications of registration qualifications for certain clubs

      4. 43.Disqualification for and refusal of registration certificate

      5. 44.Objections to and cancellation of registration certificate

      6. 45.Inspection of premises before first registration

      7. 46.Rights of fire authorities in connection with registration of clubs

      8. 47.Power to order disqualification of premises

      9. 48.Notification of alteration in rules of registered club

      10. 49.Sale of intoxicating liquor by registered clubs

      11. 50.Appeal to quarter sessions

      12. 51.Register of clubs

      13. 52.Provisions as to different premises of same club

      14. 53.Penalty for false statements

      15. 54.Search warrants

    3. Licensing of club premises

      1. 55.Licensing of club premises

    4. Miners' welfare institutes

      1. 56.Application of Part II to miners' welfare institutes

    5. Supplemental

      1. 57.Applications to magistrates' court under Part II

      2. 58.Interpretation of Part II

  4. PART III Permitted Hours

    1. Prohibition of sale, etc. of intoxicating liquor outside permitted hours

      1. 59.Prohibition of sale, etc. of intoxicating liquor outside permitted hours

    2. General provisions as to permitted hours

      1. 60.Permitted hours in licensed premises

      2. 61.Orders varying permitted hours

      3. 62.Permitted hours in clubs

    3. Exceptions

      1. 63.Exceptions from prohibition of sale, etc. of intoxicating liquor outside permitted hours

    4. Restrictions on permitted hours in licensed premises

      1. 64.Seasonal licences

      2. 65.Six-day and early-closing licences

      3. 66.Sunday closing in Wales and Monmouthshire

      4. 67.Supplementary provisions for Welsh Sunday polls

    5. Extension of permitted hours in licensed premises and clubs

      1. 68.Extension of permitted hours in restaurants, etc.

      2. 69.Application of paragraph (a) or (b) of s. 68(1)

      3. 70.Extended hours in restaurants, etc. providing entertainment

      4. 71.Orders of licensing justices under s. 70

      5. 72.Orders of magistrates' court under s. 70

      6. 73.Supplementary provisions as to orders under s.70

      7. 74.Exemption orders

      8. 75.Procedural provisions as to exemption orders outside metropolitan area

    6. Special hours certificates

      1. 76.Permitted hours where special hours certificate in force

      2. 77.Special hours certificates for licensed premises

      3. 78.Special hours certificates for clubs

      4. 79.Licensing authority's certificate of suitability of club premises for music and dancing

      5. 80.Special hours certificates limited to particular days or parts of the year

      6. 81.Revocation of special hours certificates

      7. 82.Special hours certificate and extension or exemption orders in respect of same premises

      8. 83.Supplementary provisions as to special hours certificates

    7. Parties organised for gain

      1. 84.Prohibition of consumption of intoxicating liquor outside general licensing hours at parties organised for gain

      2. 85.Supplemental provisions as to parties organised for gain

    8. Miscellaneous

      1. 86.Permitted hours in off-sales department of on-licensed premises

      2. 87.International airports

      3. 88.Saving as to Sunday observance

    9. Supplementary provisions

      1. 89.Duty of licensee to post notice where permitted hours modified

      2. 90.Opening during permitted hours not obligatory

      3. 91.Procedure of licensing justices

      4. 92.Meaning of "the magistrates' court" in relation to clubs, and procedure on applications to magistrates' courts

  5. PART IV Restaurants and Guest Houses

    1. 93.Provisions as to grant of certain licences for restaurants, guest houses, etc.

    2. 94.Conditions attached to Part IV licences for restaurants, guest houses, etc.

    3. 95.Permitted hours in premises for which restaurant or residential and restaurant licence is in force

    4. 96.Requirement of sitting accommodation for residential licence or residential and restaurant licence

    5. 97.Restrictions concerning justices' licences for restaurants and guest houses, etc.

    6. 98.Grounds for refusing applications for Part IV licences

    7. 99.Application for Part IV licence in place of other on-licence

    8. 100.Power of court to disqualify for Part IV licences on conviction of certain offences

    9. 101.Supplementary provisions as to disqualification orders

  6. PART V The Carlisle District

    1. 102.Powers of Secretary of State in relation to Carlisle district

    2. 103.Restriction of sale and supply, otherwise than by Secretary of State, of intoxicating liquor in Carlisle district

    3. 104.Acquisition of land

    4. 105.Supplementary provisions as to compulsory purchase

    5. 106.Provision of alternative accommodation where licensed premises acquired

    6. 107.Licences in suspense in Carlisle district

  7. PART VI New Towns

    1. 108.Committee to determine distribution of licensed premises in new town

    2. 109.Formulation and submission to Minister of proposals by committee

    3. 110.Objections to and confirmation of proposals and power to revoke or vary

    4. 111.Grant of new licences and removals in new towns

    5. 112.Restriction on grant or variation of justices' licence for premises in new towns

    6. 113.Temporary licensed premises

    7. 114.Membership of committee not to disqualify licensing justice

    8. 115.Development corporation to provide services for, and pay expenses of, committee

    9. 116.Effect of transfer of development corporation's property to Commission for the New Towns

    10. 117.Meaning of "new town" and effect of revocation or variation of order designating site of proposed new town

  8. PART VII Licensing Planning Areas

    1. 118.Licensing planning areas

    2. 119.Licensing planning committees

    3. 120.Variation and abolition of licensing planning areas

    4. 121.Submission and confirmation of proposals

    5. 122.Planning removals

    6. 123.Limitations on power to grant or vary licences in licensing planning areas

    7. 124.Extinguishment of licences in licensing planning areas

    8. 125.Old on-licences in licensing planning areas

    9. 126.Temporary premises

    10. 127.London

    11. 128.Proposals for planning removals and surrender of licences in London

    12. 129.Regulations

    13. 130.Membership of licensing planning committee not to disqualify licensing justice

    14. 131.Duration of Part VII

  9. PART VIII Suspension of Licences by reason of War Circumstances

    1. 132.Suspension of licence where business discontinued owing to war circumstances

    2. 133.Restoration to full force of licence in suspense

    3. 134.Extinguishment of licence in suspense when suspension no longer justified

    4. 135.Extinguishment of licence in suspense on grounds of conduct or fitness

    5. 136.Extinguishment of old on-licence in suspense on reference to compensation authority

    6. 137.Discontinuance of business taking place during proceedings for renewal

    7. 138.Transfer of licence in suspense to owner of licensed premises

    8. 139.Appeals to quarter sessions

    9. 140.Rules, etc.

  10. PART IX Suspension of Licences by Reason of Compulsory Acquisition, etc.

    1. 141.Suspension of justices' licence where licensed premises compulsorily acquired or temporary premises cease to be available

    2. 142.Restoration to full force of licence in suspense

    3. 143.Extinguishment of licence in suspense when suspension no longer justified

    4. 144.Extinguishment of licence in suspense on other grounds

    5. 145.Transfer of licence in suspense

    6. 146.Appeals to quarter sessions

    7. 147.Rules, etc.

  11. PART X Seamen's Canteens

    1. Canteen licences

      1. 148.Licences for seamen's canteens authorising the holding of retailer's on-licences

      2. 149.Grant of canteen licences

      3. 150.Provisional canteen licences

      4. 151.Renewal of canteen licences

      5. 152.Transfer of canteen licences

      6. 153.Alterations to canteen premises

      7. 154.Rights of appeal

    2. Sale and supply of intoxicating liquor in licensed canteens

      1. 155.Prohibition of sale, etc. of intoxicating liquor in canteens outside permitted hours

      2. 156.Permitted hours in licensed canteen

      3. 157.Prohibition of sale or supply of intoxicating liquor in canteens for consumption off the premises

    3. Supplementary

      1. 158.Exemption of licensed canteens from restrictions under s. 214 of Merchant Shipping Act 1894

      2. 159.Forgery of canteen licence

  12. PART XI General Provisions Regulating Sale, etc., Possession and Delivery of Intoxicating Liquor

    1. 160.Selling liquor without licence

    2. 161.Selling liquor in breach of conditions of licence

    3. 162.Keeping on premises of liquor of kind not authorised by licence

    4. 163.Delivery from vehicles, etc.

    5. 164.Penalty for breach of terms of off-licence

    6. 165.Long pull prohibited

    7. 166.Restriction on credit sales

    8. 167.Saving for liqueur chocolates

  13. PART XII Protection of Persons under Eighteen and other Provisions as to Conduct of Licensed Premises and Licensed Canteens

    1. Persons under eighteen

      1. 168.Children prohibited from bars

      2. 169.Serving or delivering intoxicating liquor to or for consumption by persons under 18

      3. 170.Persons under 18 not to be employed in bars

      4. 171.Exclusion from sections 168 to 170 of bars while in regular use for service of table meals

    2. Preservation of order

      1. 172.Licence holder not to permit drunkenness, etc.

      2. 173.Procuring drink for drunken person

      3. 174.Power to exclude drunkards, etc. from licensed premises

      4. 175.Prostitutes not to be allowed to assemble on licensed premises

      5. 176.Permitting licensed premises to be a brothel

      6. 177.Gaming on licensed premises

    3. Offences in relation to constables

      1. 178.Offences in relation to constables

    4. Application to seamen's canteens and occasional licences

      1. 179.Application of Part XII to seamen's canteens and premises for which occasional licence is in force

  14. PART XIII Miscellaneous

    1. 180.Consent to grant of occasional licence

    2. 181.Grant of retailer's off-licence to holder of dealer's licence

    3. 182.Relaxation, with respect to licensed premises, of law relating to music and dancing licences and billiards

    4. 183.Name of holder of licence, etc., to be affixed to licensed premises

    5. 184.Communication between licensed premises and places of public resort

    6. 185.Licence or exemption order to be produced on demand

    7. 186.Right of constables to enter premises

    8. 187.Search warrant

    9. 188.Closing of licensed premises in case of riot

    10. 189.Temporary licence pending appeal against conviction

    11. 190.Magistrates' courts, etc. not to sit in licensed premises

    12. 191.Procedure for amending certain rules of clubs established before 3rd August 1961

  15. PART XIV Supplemental

    1. 192.Jurisdiction of justices

    2. 193.Disqualification of justices

    3. 194.Prosecution of offences and disposal of forfeited goods

    4. 195.Application of s. 194 to offences under Licensing Act 1872 and Licensing Act 1902

    5. 196.Proof of sale or consumption of intoxicating liquor

    6. 197.Service of notices, etc.

    7. 198.Orders, rules and regulations

    8. 199.Exemptions and savings

    9. 200.Meaning of "licensed premises" in this Act and s. 12 of Licensing Act 1872

    10. 201.Interpretation of other expressions

    11. 202.Application to Isles of Scilly

    12. 203.Amendments, transitional provisions and repeals

    13. 204.Short title, commencement and extent

  16. SCHEDULES

    1. SCHEDULE 1

      Constitution and Procedure of Licensing Justices

      1. PART I Licensing Committees

        1. 1.A licensing committee shall be appointed in the month of...

        2. 2.A licensing committee shall consist of such number of members...

        3. 3.A casual vacancy arising in a licensing committee from death,...

        4. 4.The quorum of a licensing committee shall be three.

        5. 5.The members of the committee retiring at the end of...

        6. 6.Notwithstanding anything in section 2(2) of this Act, where, in...

      2. PART II Licensing Sessions

        1. 7.The licensing sessions of each twelve months beginning with February...

        2. 8.The licensing justices shall appoint the day, time and place...

        3. 9.The licensing justices may for the general annual licensing meeting...

        4. 10.A licensing sessions may, for the purpose of dealing with...

        5. 11.When licensing justices have appointed the time and place for...

    2. SCHEDULE 2

      Applications for Justices' Licences

      1. 1.A person proposing to apply at a licensing sessions for...

      2. 2.A person proposing to apply at transfer sessions for the...

      3. 3.With the notice given under sub-paragraph (a) of paragraph 1...

      4. 4.A notice under this Schedule— (a) shall be signed by...

      5. 5.The notice required by sub-paragraph (a) of paragraph 1 of...

      6. 6.The clerk to the licensing justices shall for each licensing...

      7. 7.Where the applicant for the grant of a justices' licence...

      8. 8.On the consideration of an application for a justices' licence...

      9. 9.Subsections (1), (3) and (4) of section 77 of the...

    3. SCHEDULE 3

      Compensation Authorities

      1. County Compensation Committee

        1. 1.(1) A county compensation committee shall be appointed in such...

        2. 2.Quarter sessions may, if they think fit, make rules for...

        3. 3.Where quarter sessions are customarily held separately by adjournment or...

        4. 4.Quarter sessions may, for the purposes of the functions of...

      2. Borough Compensation Committee

        1. 5.A borough compensation committee shall be appointed in the month...

        2. 6.A borough compensation committee shall consist of not less than...

        3. 7.A casual vacancy arising in a borough compensation committee from...

        4. 8.The quorum of a borough compensation committee shall be three....

        5. 9.The members of the committee retiring at the end of...

        6. 10.The borough justices may, if they think fit, make rules...

      3. Compensation committee for City of London

        1. 11.Paragraphs 5 to 10 of this Schedule shall apply to...

    4. SCHEDULE 4

      Deductions from Rent

    5. SCHEDULE 5

      Requirements to be Complied With by Club's Application for Registration Certificate

      1. 1.The application shall specify the name, objects and address of...

      2. 2.The application shall state, in terms of subsections (1) and...

      3. 3.The application shall set out, or shall incorporate a document...

      4. 4.(1) The application shall state, or shall incorporate a document...

      5. 5.The application shall— (a) identify the premises for which the...

      6. 6.(1) The application shall give, or shall incorporate a document...

      7. 7.(1) The application shall give, or shall incorporate a document...

      8. 8.Where the interest held by or in trust for the...

    6. SCHEDULE 6

      Procedure on Applications and Complaints relating to Registration Certificates

      1. PART I Issue, Renewal and Surrender of Registration Certificates

        1. Applications, etc.

          1. 1.(1) An application by a club for the issue, renewal...

          2. 2.A registration certificate shall be surrendered by lodging with the...

          3. 3.(1) Any such application or amended application and any such...

          4. 4.On receipt of any such application or amended application or...

          5. 5.A club applying for the issue of a registration certificate...

        2. Objections, etc.

          1. 6.(1) Subject to sub-paragraph (2) of this paragraph, an objection...

          2. 7.On receipt of an objection to an application for the...

          3. 8.Paragraphs 6 and 7 of this Schedule shall apply in...

          4. 9.Where any such objection is made or any such notice...

          5. 10.Where a club applies for a renewal of a registration...

          6. 11.(1) Subject to sub-paragraph (2) of this paragraph, an objection...

          7. 12.Where, on an objection to an application for the issue...

      2. PART II Complaint for Cancellation or Variation of Registration Certificate

        1. 13.(1) A summons issued on a complaint made against a...

        2. 14.Where it appears to a magistrates' court having jurisdiction to...

        3. 15.A complaint may be made against a club for the...

      3. PART III General

        1. 16.(1) A magistrates' court may deal with an application by...

        2. 17.On any application or complaint made to a magistrates' court...

        3. 18.This Schedule, in so far as it relates to matters...

    7. SCHEDULE 7

      Provisions as to Club Rules

      1. Management of club

        1. 1.The affairs of the club, in matters not reserved for...

      2. General meetings

        1. 2.(1) There must, under the rules, be a general meeting...

      3. Membership

        1. 3.(1) Ordinary members must, under the rules, be elected either...

      4. Meaning of "elective committee"

        1. 4.(1) In this Schedule " elective committee " means, subject...

    8. SCHEDULE 8

      Polls in Wales and Monmouthshire

      1. 1.The local election rules set out in Schedule 2 to...

      2. 2.Part I of the rules (except in so far as...

      3. 3.The remaining rules shall apply with the omission of any...

      4. 4.Forms B to E in the appendix to this Schedule...

      5. 5.(1) Regulations made under section 42 of the Representation of...

      6. 6.(1) In a county the county returning officer, and in...

      7. 7.(1) At a poll in a county or county borough...

      8. APPENDIX OF FORMS

    9. SCHEDULE 9

      The Carlisle District

      1. PART I Extent of the District

      2. PART II Ancillary Functions Exercisable by Secretary of State

        1. 1.The provision and maintenance in the Carlisle district of hotels...

        2. 2.The provision and maintenance in the Carlisle district of premises...

        3. 3.The provision of entertainment or recreation at premises in the...

        4. 4.The brewing of beer (as defined in section 307 of...

        5. 5.The provision and maintenance of storage accommodation, and the provision...

        6. 6.The carrying on of any business which, by reason of...

        7. 7.The carrying on of such activities and the doing of...

      3. PART III Supplemental Provisions as to the Exercise of Functions of Secretary of State

        1. 8.Notwithstanding anything in the enactments relating to the sale and...

        2. 9.(1) Any instrument in connection with the acquisition, management or...

    10. SCHEDULE 10

      Committee for New Town

      1. 1.(1) Subject to sub-paragraph (2) of this paragraph, a committee...

      2. 2.The members of a committee appointed under sub-paragraphs (b) and...

      3. 3.The appointment of a member of any such committee shall...

      4. 4.The quorum of any such committee shall be such as...

      5. 5.If the votes are equal on any question the chairman...

      6. 6.Subject to paragraphs 4 and 5 of this Schedule, the...

      7. 7.The proceedings of any such committee shall not be invalidated...

    11. SCHEDULE 11

      Licensing Planning Committees

      1. General provisions

        1. 1.A licensing planning committee shall consist of—

        2. 2.(1) The members of a licensing planning committee appointed under...

        3. 3.The appointment of a member of a licensing planning committee...

        4. 4.The provisions of paragraph 3 of this Schedule shall be...

        5. 5.If the votes are equal on any question the chairman...

        6. 6.The proceedings of a licensing planning committee shall not be...

        7. 7.The clerk to the licensing justices for the licensing district...

        8. 8.An order constituting a licensing planning area may provide—

        9. 9.Where an order under section 120 of this Act adds...

        10. 10.So far as any order makes any provision authorised by...

      2. London

        1. 11.Paragraphs 1, 2 and 7 to 10 of this Schedule...

        2. 12.The licensing planning committee for such a licensing planning area...

        3. 13.(1) If, after consultation with the court of quarter sessions...

        4. 14.The clerk of the peace for the county of London...

        5. 15.The Secretary of State may by order—

        6. 16.An order under paragraph 13 or paragraph 15 of this...

    12. SCHEDULE 12

      Applications for Grant and Transfer of Canteen Licences

      1. Applications for grant of licences

        1. 1.(1) A person proposing to apply for the grant of...

        2. 2.A notice under paragraph 1 of this Schedule shall state...

      2. Applications for transfers and confirmation of transfers

        1. 3.A person proposing to apply to the licensing justices for...

        2. 4.A person proposing to apply to justices of the peace...

        3. 5.A notice under paragraph 3 or paragraph 4 of this...

      3. General

        1. 6.Where an applicant for the grant of a canteen licence...

    13. SCHEDULE 13

      Consequential Amendments

      1. 1.In sections 9, 18 and 32 of the Refreshment Houses...

      2. 2.Section 150(3) of the Customs and Excise Act 1952 shall...

      3. 3.In the proviso to section 151(1) of the Customs and...

      4. 4.In section 4 of the Finance Act 1959—

    14. SCHEDULE 14

      Transitional Provisions

      1. 1.Any reference in any enactment or document, whether expressed or...

      2. 2.Any regulation, order, rule, licence, appointment, direction, certificate or notice...

      3. 3.A conviction of an offence under an enactment repealed by...

      4. 4.Without prejudice to paragraph 3 of this Schedule, for the...

      5. 5.Any disqualification order made before 1st November 1961 under section...

      6. 6.(1) Where at the commencement of this Act a justices'...

      7. 7.(1) Until 1st April 1965 this Act shall have effect...

      8. 8.The mention of particular matters in this Schedule shall be...

    15. SCHEDULE 15

      Repeals

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