Licensing Act 1964 (repealed)

Restrictions on permitted hours in licensed premisesE+W

64 Seasonal licenses.E+W

(1)The licensing justices for any licensing district, if satisfied that the requirements of the district make it desirable, may at the request of the person applying for the grant of a justices’ on-licence, or on an application by the holder of such a licence, insert in the licence a condition that, during such part or parts of the year as may be specified in the condition, there shall be no permitted hours in the premises.

(2)A licence in which such a condition is inserted is in this Act referred to as a seasonal licence.

(3)Licensing justices may vary or revoke such a condition either on an application by the holder of the licence or on the renewal, transfer or removal of the licence and at the request of the person applying for the renewal, transfer or removal.

65 Six-day and early-closing licences.E+W

(1)Licensing justices shall, at the request of the person applying for the grant of a justices’ on-licence [F1, or on an application by the holder of such a licence,], insert in the licence—

(a)a condition that on Sundays there shall be no permitted hours in the premises; or

(b)a condition that the permitted hours shall end one hour earlier in the evening than the general licensing hours.

(2)A licence in which a condition is inserted under subsection (1) of this section is in this Act referred to as a six-day licence if the condition is as mentioned in paragraph (a), and as an early-closing licence if the condition is as mentioned in paragraph (b) of that subsection.

[F2(3)Licensing justices shall revoke a condition inserted under subsection (1) of this section in an application by the holder of the licence requesting them to do so.]

66 Sunday closing in Wales and Monmouthshire.E+W

(1)There shall be no permitted hours on any Sunday in licensed premises in Wales and Monmouthshire, except in a [F3county or county borough] in which this subsection does not apply.

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the local government electors for a [F5county or county borough] in which subsection (1) of this section applies determine by a majority, on a poll held in accordance with this and the next following section, that that subsection shall not apply, it shall not apply in that [F5county or, as the case may be, county borough]; and if the local government electors for a [F5county or county borough] in which that subsection does not apply determine by a majority on a poll so held that that subsection shall apply, it shall apply in that [F5county or, as the case may be, county borough].

(4)There shall be no poll under this section for a [F6county or county borough], unless it is requisitioned by not less than five hundred local government electors for the [F6county or county borough], and a requisition shall not be effective unless—

(a)it is contained in one or more requisition papers in the form in the appendix to Schedule 8 to this Act, signed by the requisitioning electors and giving the particulars of them required by that form; and

(b)the requisition papers are delivered to the [F7proper officer of the [F8county council or, as the case may be, county borough council]] within the two months following 3rd August [F91996], or within the same period seven or any multiple of seven years thereafter, and each requisition paper is accompanied by a statutory declaration verifying the signatures on it or by two or more statutory declarations between them verifying those signatures.

(5)Subject to subsection (6) of this section, the date for a poll under this section in any year shall be the same for all [F10counties and county boroughs] and shall be such day as the Secretary of State may direct, being not more than six weeks after the end of the period allowed under subsection (4) of this section for delivering requisition papers for the poll.

(6)If polling day at a general election for Parliament falls within the eight weeks after the end of the period allowed under subsection (4) of this section for delivering requisition papers, the date for the poll under this section may be more than six, but not more than twelve, weeks after the end of that period, and if Parliament is dissolved after the date has been fixed by a direction under subsection (5) of this section, the Secretary of State may revoke that direction and give a new direction fixing a later date.

(7)On receipt of a requisition for a poll under this section the [F7proper officer of the [F11county council or county borough council]] shall forthwith notify the Secretary of State, and after satisfying himself that the requisition complies with subsection (4) of this section (for which purpose he shall assume that the papers are signed by the persons by whom they purport to be signed) shall as soon as may be give public notice in the [F11county or county borough] in such manner as he thinks sufficient of the holding of the poll, and if the date for the poll is afterwards altered under subsection (6) of this section shall again give public notice accordingly.

67 Supplementary provisions for Welsh Sunday polls.E+W

(1)The following provisions of this section shall apply in relation to a poll under section 66 of this Act.

(2)Subject to the provisions of Schedule 8 to this Act—

(a)the poll shall be conducted, and the expenses thereof paid, in all respects as if polls were being held throughout the [F12county or county borough] at an ordinary election of [F12councillors of the county or (as the case may be) county borough]; and

(b)all persons having any duties in connection with the conduct of such an election shall have the like duties in connection with the poll.

(3)When the number of votes cast on either side has been ascertained for the whole of any [F13county or county borough], the [F14chairman of the [F13county council or (as the case may be) county borough council]] shall declare the result of the poll, and shall deliver a certificate of the result, signed by him, to the [F14proper officer of the [F13county council or (as the case may be) county borough council]].

(4)If the decision on the poll is that subsection (1) of section 66 of this Act shall not apply where it applied before, or shall apply where it did not apply before, the decision shall take effect with the first Sunday not earlier than the fourth day after the date of the poll; and if the decision is that that subsection shall not apply where it applied before, any condition in a licence previously granted for premises in the [F15county or county borough] under which the licence is a six-day licence shall be void (but without prejudice to the right to have such a condition re-inserted on the next or any subsequent application for a licence).

(5)The following provisions of the [F16Representation of the M1People Act 1983] shall apply as if the poll were a poll at an ordinary election of [F17councillors of the county or county borough], that is to say—

(a)[F16section 60, section 61] except subsections (1) and (4), and in [F16section 65] subsection (1), except paragraph (a), and subsection (5) (which relate to personation, plural voting and other frauds in connection with voting);

(b)[F16section 66] (which contains provision for preventing disclosure of the candidate for whom a person votes and generally for securing the secrecy of the ballot);

(c)[F16sections 113 to 115] (which make bribery, treating and undue influence corrupt practices);

(d)[F16sections 168 to 170 and 173], so far as they relate to offences under any provision mentioned in the foregoing paragraphs prosecuted on indictment or in a magistrates’ court;

but as if—

(i)in [F16section 66] for the words “the candidate for whom" and for the words “the name of the candidate for whom" there were substituted the words “the result for which" and paragraph (b) of subsection (1) (which relates to the obligations of candidates and their agents) were omitted; and

(ii)in [F16section 113] for the references to procuring the return of any person at an election there were substituted references to procuring one or other result of the poll.

(6)If, with intent to influence persons to give or refrain from giving their votes at the poll, any person, after the end of the period allowed for delivering requisition papers, publishes an advertisement in a newspaper or other periodical or procures an advertisement to be so published, he shall be guilty of an illegal practice, and [F18sections 169 and 173 of the Representation of the M2People Act 1983] shall apply so far as they relate to offences prosecuted in a magistrates’ court; but the court before whom a person is convicted under this subsection may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of [F18section 173].