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Licensing Act 1964 (repealed)

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Changes over time for: Cross Heading: Clerk and chief executiveto licensing justices and fees

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Version Superseded: 01/04/2005

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Point in time view as at 01/12/2001.

Changes to legislation:

There are currently no known outstanding effects for the Licensing Act 1964 (repealed), Cross Heading: Clerk and chief executiveto licensing justices and fees. Help about Changes to Legislation

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Clerk [F1and chief executive]to licensing justices and feesE+W

Textual Amendments

F1Words in the heading inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 42(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

28 Clerk [F2and chief executive] to licensing justices.E+W

(1)The clerk to the justices acting for a petty sessions area shall be clerk to the licensing justices for the licensing district consisting of that area.

(2)[F3Section 141(2) of the M1Magistrates’ Courts Act 1980] (which provides for the case where there is more than one clerk to the justices for a petty sessions area) shall apply for the purposes of subsection (1) of this section as it applies for the purposes of that Act.

(3)A clerk to licensing justices shall not himself or by his partner or clerk act as solicitor to, or agent for, any person—

(a)at any licensing sessions; or

(b)before justices of the peace [F4or the Crown Court] in proceedings under this Act, the M2Licensing Act 1872, or the M3Licensing Act 1902;

and any person who contravenes this subsection shall be liable to a fine not exceeding [F5level 3 on the standard scale].

(4)Where the clerk to licensing justices for any district was appointed before 1st April 1953, nothing in the preceding subsection shall prohibit him from acting at a licensing sessions for another licensing district or before justices acting for a petty sessions area other than that licensing district, or from preparing notices or forms.

[(5)The justices’ chief executive for a petty sessions area shall be chief executive to the licensing justices for the licensing district consisting of that area.]

Textual Amendments

F2Words in the sidenote and s. 28(5) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 36, 42 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2 (with Sch. 2 para. 2)

Modifications etc. (not altering text)

C1S. 28(3) amended (01.01.1992) by S.I. 1991/2684, arts. 2, 4, Sch. 1

Marginal Citations

M21872 c. 94 (68A:1).

M31902 c. 28 (68A:1).

29 Fees chargeable in licensing matters. E+W

(1)Subject to subsection (3) of this section, there may be charged by justices’ [F6chief executives] in respect of matters arising under this Act such fees as may be provided for by order of the Secretary of State and no others.

(2)This section shall apply to the fees chargeable in any [F7court of a District Judge (Magistrates’ Courts)], and to those chargeable by a justices’ [F8chief executive] acting as [F8chief executive] to licensing justices or in any other capacity, as it applies to fees chargeable by a justices’ [F8chief executive] acting as such.

(3)This section shall not affect the court fees chargeable (under [F9the Magistrate’s Courts]Act 1980 or otherwise) in connection with prosecutions or with the enforcement of orders of a magistrates’ court, nor the fees chargeable by a justices’ [F10chief executive] acting as secretary to a licensing planning committee.

(4)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F6Words in s. 29(1) substituted (1.4.2001) by S.I. 2001/618, art. 2(2)(a)

F8Words in s. 29(2) substituted (1.4.2001) by S.I. 2001/618, art. 2(2)(b)

F10Words in s. 29(3) substituted (1.4.2001) by S.I. 2001/618, art. 2(2)(c)

Modifications etc. (not altering text)

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