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Licensing Act 1964

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This is the original version (as it was originally enacted).

General provisions as to permitted hours

60Permitted hours in licensed premises

(1)Subject to the following provisions of this Part of this Act, the permitted hours in licensed premises shall be—

(a)on weekdays, other than Christmas Day or Good Friday, the hours from eleven in the morning to half past ten in the evening, with a break of two and a half hours beginning at three in the afternoon; and

(b)on Sundays, Christmas Day and Good Friday the hours from twelve noon to half past ten in the evening, with a break of five hours beginning at two in the afternoon.

(2)In relation to the metropolis, and to any licensing district wholly or partly outside the metropolis for which this subsection is adopted, subsection (1)(a) of this section shall have effect as if the hours specified therein ended at eleven in the evening.

(3)The licensing justices for a licensing district wholly or partly outside the metropolis may by order adopt subsection (2) of this section if satisfied that the requirements of the district make it desirable.

(4)The licensing justices for any licensing district, if satisfied that the requirements of the district make it desirable, may by order modify for the district the hours specified in subsection (1)(a) of this section, within the following limits—

(a)the total number of hours on any day shall be nine (ending at half past ten in the evening), or, where subsection (2) of this section applies or is adopted, nine and a half (ending at eleven in the evening), and the hours shall not begin earlier than ten in the morning; and

(b)there shall be a single break of not less than two hours in the afternoon.

(5)In this Act " the general licensing hours" means, in relation to any licensing district, the hours specified in paragraphs (a) and (b) of subsection (1) of this section, with any modification applying in the district by virtue of subsections (2) to (4) of this section.

(6)In premises licensed for the sale of intoxicating liquor for consumption off the premises only the permitted hours on weekdays, other than Christmas Day or Good Friday, shall begin at half past eight in the morning and there shall be no afternoon break.

(7)References in this Act to the permitted hours shall, except in so far as the context otherwise requires, be construed in relation to any licensed premises where the permitted hours are restricted by any conditions attached to the licence, as referring to the hours as so restricted.

61Orders varying permitted hours

(1)The power of licensing justices to make orders under subsections (3) and (4) of section 60 of this Act shall be exercised by them at their general annual licensing meeting in accordance with such procedure as may be prescribed by rules made by the Secretary of State.

(2)An order under either of those subsections may make different provision for different periods. of the year or for different weekdays in every week of the year or of any such period, or may make provision to take effect for particular periods only, or for particular weekdays in every week of the year or of any such period, but no alteration of the general licensing hours shall take effect within eight weeks of another.

(3)The power of licensing justices to make an order under either of those subsections shall include power to vary or revoke an order so made by a subsequent order.

(4)An order made under either of those subsections shall be published in such manner as the Secretary of State may direct.

(5)A document purporting to be an order made by licensing justices under either of those subsections and to be issued by them shall be received in evidence.

62Permitted hours in clubs

(1)The permitted hours in premises in respect of which a club is registered shall be fixed by or under the rules of the club in accordance with the following conditions:—

(a)subject to subsection (2) of this section, the hours fixed shall not on any day be longer, nor begin earlier or end later, than the general licensing hours; and

(b)there shall be a break in the afternoon of not less than two hours; and

(c)on Sundays, Christmas Day and Good Friday the break shall include the hours from three to five and there shall not be more than three and a half hours after five.

(2)Where by an order under subsection (3) or (4) of section 60 of this Act the general licensing hours are so altered that the permitted hours previously fixed for any premises under subsection (1) of this section begin before or end after the general licensing hours, the alteration shall not affect those permitted hours until the end of six weeks from the date of the order, but thereafter those hours shall be treated as not including any period falling before the beginning or after the end of the general licensing hours as altered.

(3)Written notice (signed by the chairman or secretary of the club) of the hours fixed as the permitted hours for any club premises by or under the rules of the club shall be given to the clerk to the justices for the petty sessions area in which the premises are; and no decision fixing those hours shall be effective until notice is so given, but the hours previously fixed and notified, if any, shall continue to apply.

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