Licensing Act 1964 (repealed)

Part XIVE+W Supplemental

192 Jurisdiction of justices. E+W

(1)Any function vested by this Act in licensing justices or the justices acting for any petty sessions area shall be exercisable by a majority of the justices present at a meeting assembled for the purpose.

(2)Without prejudice to [F1section 3 of the M1Magistrates’ Courts Act 1980], any river or water lying between, or forming the boundary between, two or more petty sessions areas shall for the purposes of this Act be deemed to be in each of those areas.

[F2192A Power of justices at licensing sessions to act in divisions.E+W

(1)If a majority of the licensing justices present at a licensing sessions so resolve, they may for the purposes of that sessions constitute themselves into two or more divisions.

(2)A division constituted in accordance with this section may exercise all the powers exercisable by licensing justices under this Act and those powers shall be exercisable by a majority of the members present at a meeting of the division assembled for the purpose.

(3)The quorum of a division of justices constituted under this section shall be three.]

193 Disqualification of justices. E+W

(1)No justice shall act for any purpose under this Act in any county, . . . F3 or be capable of being appointed or being a member of any committee therein for any such purpose, who is, or is in partnership with, a brewer, distiller, maker of malt for sale or retailer of malt or of any intoxicating liquor, in that county or borough.

(2)No justice who holds any share or stock in a company which is such a brewer, distiller, maker of malt or retailer as aforesaid in any county, . . . F3 shall be capable of being appointed or being a member of a licensing committee or compensation authority in that county . . . F3 unless before his appointment as a member thereof he has disclosed to the justices appointing him the fact that he holds the share or stock; but where a member of any such committee or authority is disqualified for being a member thereof by acquiring any such share or stock he may be re-appointed if before his re-appointment he has disclosed to the justices re-appointing him the fact that he has acquired the share or stock.

(3)A person who is the beneficial owner of any such share or stock as aforesaid held by him (whether his beneficial ownership extends to the whole holding or to a part of it or an interest in it only) shall not be appointed or re-appointed a member of any such committee or authority as aforesaid unless the justices appointing or re-appointing him are satisfied that the extent to which the company in question carries on or is interested in the business of [F4producing] , distilling, making of malt for sale or retailing of malt or of any intoxicating liquor is so small in comparison with its whole business that the fact that the said person is interested in the company affords no reasonable ground for suggesting that he is not a proper person to be a member of the committee or authority.

(4)Subject to subsection (5) of this section, no justice shall act for any purpose under this Act in a case that concerns any premises in the profits of which he is interested, or of which he is wholly or partly the owner, lessee, or occupier, or for the owner, lessee, or occupier of which he is manager or agent; but a justice shall not be disqualified under this provision by reason of his having vested in him a legal interest only, and not a beneficial interest, in the premises concerned or the profits of them.

(5)A justice having an interest in the profits of any premises shall not be thereby disqualified under subsection (4) of this section or otherwise from acting under this Act, if he would not fall to be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or other body having an interest in those profits, and if his beneficial interest in the shares of the company or body does not extend to shares of a total nominal value greater than twenty-five pounds, or to more than one-hundredth in nominal value of its issued share capital or of any class of its issued share capital.

In this subsection “share” includes stock, and “share capital” shall be construed accordingly.

(6)No act done by any justice disqualified by this section shall be invalid by reason only of that disqualification, and no act done by any justice who by virtue of this section has ceased to be a member of any licensing committee or compensation authority shall be invalid by reason only of the cessation of membership.

(7)If any justice, knowing that the circumstances are such that under this Act he is disqualified for acting for any of the purposes of this Act, acts as a justice for that purpose he shall be liable to a penalty not exceeding one hundred pounds, to be recovered by action in the High Court; but a justice proceeded against for more than one contravention of this section committed before the institution of the proceedings shall not be liable in respect of all such contraventions to an aggregate penalty exceeding one hundred pounds.

(8)No objection shall be allowed to any justices’ licence on the ground that it was granted by justices not qualified to grant it.

[F5193A Power of clerk to licensing justices to grant unopposed renewals of justices’ licences and canteen licences.E+W

(1)This section has effect in relation to applications for the renewal of justices’ licenses and canteen licences made to the general annual licensing sessions immediately preceding the expiry of a licensing period.

(2)The clerk to licensing justices may exercise on behalf of the justices their powers with respect to an application for the renewal of a justices’ licence or canteen licence if—

(a)the application is not opposed; or

(b)where under this Act the application may only be refused on specified grounds, it is not opposed on a ground on which renewal may be refused.

(3)An application may not be dealt with under this section if—

(a)the justices so direct;

(b)it is made in conjunction with any other application or request with respect to the licence sought to be renewed; or

(c)in the case of an application for the renewal of a justices’ licence, there is a relevant entry in the register of justices’ licences maintained under this Act which relates to the applicant or the premises for which the licence is sought.

(4)An entry in the register of justices’ licences is relevant for the purposes of this section if it is an entry made in pursuance of section 31 of this Act or section 163(1)(b) or 168(7)(a) of the Representation of the M2 People Act 1983 (reports or convictions of bribery or treating to be entered in the register).]

[F7193B Power of licensing justices to award costs.E+W

(1)On the hearing of any application under this Act relating to licensed premises or a seamen’s canteen, the licensing justices may make such order as they think just and reasonable for the payment of costs to the applicant by any person opposing the application or by the applicant to any such person.

(2)For the purposes of enforcement an order for costs made under subsection (1) above shall be treated as an order for the payment of a sum enforceable as a civil debt.]

194 Prosecution of offences and disposal of forefeited goods.E+W

(1)Offences under this Act shall be punishable on summary conviction.

(2)For the purposes of any provision of this Act imposing a penalty or forfeiture on a second or subsequent conviction, any conviction that took place more than five years previously shall be disregarded.

(3)Liquor or vessels forfeited under this Act shall be sold or otherwise disposed of as the court imposing the forfeiture may direct; and the proceeds shall be applied as if they were a fine.

195 Application of s. 194 to offences under Licensing Act 1872 and Licensing Act 1902.E+W

Subsections (1) and (2) of the preceding section shall apply to offences under section 12 of the M3Licensing Act 1872, and the said subsection (2) also to offences under section 6 of the M4Licensing Act 1902.

196 Proof of sale or consumption of intoxicating liquor.E+W

(1)Evidence that a transaction in the nature of a sale of intoxicating liquor took place shall, in any proceedings relating to an offence under this Act, be evidence of the sale of the liquor without proof that money passed.

(2)Evidence that consumption of intoxicating liquor was about to take place shall in any such proceedings be evidence of the consumption of intoxicating liquor without proof of actual consumption.

(3)Evidence that any person, other than the occupier of licensed premises or a servant employed in licensed premises, [F8or, as the case may be, other than the occupier of a licensed canteen or a servant employed in such a canteen] consumed or intended to consume intoxicating liquor in the premises [F8or, as the case may be, canteen] shall be evidence that the liquor was sold by or on behalf of the holder of the justices’ licence [F8occasional licence or canteen licence, as the case may be] to that person.

[F9196A Extension to certain proceedings under this Act of section 97 of the Magistrates’ Courts Act 1980.E+W

(1)For the purposes of section 97 of the M5 Magistrates’ Courts Act 1980 (procuring the attendance of witnesses etc. at the hearing of a complaint) the following proceedings shall be treated as the hearing of a complaint—

(a)proceedings on an application—

(i)for the grant of a justices’ licence;

(ii)for the revocation of a justices’ licence or canteen licence; or

(iii)for the making, variation or revocation of a restriction order; and

(b)proceedings in connection with the exercise by licensing justices of the power to revoke a justices’ licence or canteen licence or canteen licence of their own motion.

(2)Licensing justices before whom any such proceedings as are mentioned in subsection (1) above take place shall be treated for the purposes of section 97 of the Magistrates’ Courts Act 1980 as a magistrates’ court for the petty sessions area constituting the licensing district.]

197 Service of notices, etc. E+W

Subject to any express provision in this Act or in rules under section 140 or section 147 of this Act, any notice or document, other than a summons, required or authorised to be given under this Act may be served by post.

198 Orders, rules and regulations.E+W

(1)Any power of the Treasury or of a Minister of the Crown under this Act to make orders, rules or regulations, except the power of the Secretary of State to make orders under Part VI of this Act, shall be exercisable by statutory instrument.

(2)Any power to make orders conferred on the Secretary of State by any provision of this Act other than section 118, section 120 or Schedule 11 includes power to vary or revoke an order made in the exercise of that power.

199 Exemptions and savings.E+W

Nothing in this Act shall—

(a)affect any privilege enjoyed by the University of Cambridge or by any person to whom any such privilege has been transferred in pursuance of any Act;

(b)affect the exemption from the requirement to take out a justices’ licence enjoyed by the Company of the master, warden and commonalty of Vintners of the City of London;

[F10(c)make unlawful the sale or exposure for sale by retail without a justices’ licence of any intoxicating liquor at any premises in respect of which a licence under the M6Theatres Act 1968 is for the time being in force, or which by virtue of any letters patent of the Crown may lawfully be used for the public performance of plays without a licence under that Act being held in respect thereof, if the proprietor of those premises has given to the clerk to the licensing justices notice in writing of the intention to sell such liquor by retail at those premises and that notice has not been withdrawn;]

[F11(d)make unlawful the sale or exposure for sale by retail without a justices’ licence to passengers in an aircraft, vessel or railway passenger vehicle of intoxicating liquor for consumption on board the aircraft, vessel or vehicle if the aircraft or vessel is employed for the carriage of passengers and is being flown or navigated from a place in the United Kingdom to another such place or from and to the same place in the United Kingdom on the same day or, as the case may be, if the vehicle is a vehicle in which passengers can be supplied with food;]

(e)prohibit the sale of medicated or methylated spirits;

(f)prohibit the sale by registered medical practitioners or registered pharmacists of spirits made up in medicine;

(g)prohibit the sale of intoxicating liquor by wholesale;

(h)affect any penalties recoverable by or on behalf of the Commissioners, or, except where the context requires it, any laws relating to excise; or

(i)apply to the sale or consumption of intoxicating liquor in canteens.

200 Meaning of “licensed premises" in this Act and s. 12 of Licensing Act 1872.E+W

(1)Any reference in this Act to licensed premises shall, unless the context otherwise requires, be construed as a reference to premises for which a justices’ licence [F12or occasional licence is in force and as including a reference to any [F13premises] in respect of which a notice under section 199(c) of this Act is for the time being in force] . . . F14

(2)In section 12 of the M7Licensing Act 1872 the expression “licensed premises” shall include any place where intoxicating liquor is sold under an occasional licence.

201 Interpretation of other expressions. E+W

(1)In this Act, unless the context otherwise requires—

• “bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor;

• “canteen”, except in Part X of this Act and in the expressions “canteen licence" and “licensed canteen", means a canteen in which the sale or supply of intoxicating liquor is carried on under the authority of the Secretary of State;

• “canteen licence” has the meaning assigned to it by section 148(1) of this Act;

• [F15“cider” includes perry;]

• “club premises” has the meaning assigned to it by section 39(6) of this Act;

• “the Commissioners” means the Commissioners of Customs and Excise;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

• “development corporation” has the same meaning as in [F17the M8New Towns Act 1981];

• “early-closing licence” has the meaning assigned to it by section 65(2) of this Act;

• “enactment” includes an enactment contained in any order, regulation or other instrument having effect by virtue of an Act;

• “the general licensing hours” has the meaning assigned to it by section 60(5) of this Act;

• “general order of exemption” has the meaning assigned to it by section 74(1) of this Act;

• “grant” in relation to a justices’ licence includes a grant by way of renewal, transfer or removal and “application” shall be construed accordingly;

• [F18“intoxicating liquor” means spirits, wine, beer, cider, and any other fermented, distilled or spirituous liquor [F19but does not include—

  (a)

  [F20any liquor which is of a strength not exceeding 0.5 per cent at the time of the sale or other conduct in question;]

  (b)

  perfumes;

  (c)

  flavouring essences recognised by the Commissioners as not being intended for consumption as or with dutiable alcoholic liquor:

  (d)

  spirits, wine or made-wine so medicated as to be, in the opinion of the Commissioners, intended for use as a medicine and not as a beverage;

  and expressions used in paragraphs (a) and (d) above shall have the same meaning as in the M9Alcoholic Liquor Duties Act 1979.]]

• “licensed canteen” means a canteen within the meaning of Part X of this Act in respect of which a canteen licence is in force;

• [F21“licensing period” has the meaning assigned to it by section 26(5) of this Act;]

• “mess” means an authorised mess of members of Her Majesty’s naval, military or air forces;

• [F22“the metropolis” means an area consisting of the inner London area within the meaning of the [F23Justices of the M10Peace Act 1979] and the City of London];

• “the Minister” means [F24the Secretary of State];

• [F25“occasional licence” means a licence granted under section 180 of this Act;]

• “old on-licence” has the meaning assigned to it by section 12(1) of this Act;

• “ordinary removal” has the meaning assigned to it by section 5(6) of this Act;

• “Part IV licence” has the meaning assigned to it by section 93 of this Act;

• “planning removal” has the meaning assigned to it by section 121(2) of this Act;

• “registered”, in relation to a club, has the meaning assigned to it by section 40(1) of this Act;

• “registered owner” has the meaning assigned to it by section 32(3) of this Act;

• “residential licence”, “residential and restaurant licence” and “restaurant licence” have the meanings assigned to them by section 94 of this Act;

• [F26“restriction order” has the meaning assigned to it by section 67A(2) of this Act;]

• [F27“sale by retail”, in relation to any intoxicating liquor, means a sale of any liquor at any one time to any one person, except where the sale is—

(a)to a trader for the purposes of his trade;

(b)to a registered club for the purposes of the club;

(c)to any canteen or mess;

(d)to the holder of an occasional permission within the meaning of the Licensing (Occasional Permissions) Act M111983 for the purposes of sales authorised by that permission; or

(e)of not less than the following quantities—

(i)in the case of spirits, wine or made-wine, 9 litres or 1 case; or

(ii)in the case of beer or cider, 20 litres or 2 cases.

• and is made from premises owned by the vendor, or occupied by him under a lease to which the provisions of Part 2 of the Landlord and Tenant Act 1954 apply.]

• “seasonal licence” has the meaning assigned to it by section 64(2) of this Act;

• “secretary”, in relation to a club, includes any officer of the club or other person performing the duties of a secretary and, in relation to a proprietary club where there is no secretary, the proprietor of the club;

• “six-day licence” has the meaning assigned to it by section 65(2) of this Act;

• “special hours certificate” means a certificate granted under section 77 or section 78 of this Act;

• “special order of exemption” has the meaning assigned to it by section 74(4) of this Act;

• “special removal” has the meaning assigned to it by section 15(2) of this Act;

• “statutory regulations for music and dancing” means—

  (i)

  [F28Schedule 12 to the London Government Act 1963; or

  (ii)

  Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982;]

• “table meal” means a meal eaten by a person seated at a table, or at a counter or other structure which serves the purpose of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table;

• “temporary premises removal” has the meaning assigned to it by section 126(2) of this Act;

• [F29“wine” means wine or made-wine as defined by section 1 of the Alcoholic Liquor Duties Act 1979.]

(2)For the purposes of this Act a person shal be treated as residing in any premises, notwithstanding that he occupies sleeping accommodation in a separate building, if he is provided with that accommodation in the course of a business of providing board and lodging for reward at those premises and the building is habitually used for the purpose by way of annexe or overflow in connection with those premises and is occupied and managed with those premises.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(4)Any provision in the Act requiring or authorising notice to be given to the chief officer of police shall be construed as requiring or authorising the notice to be given—

(a)if the premises to which the notice relates (that is to say, in the case of an application for a licence, the premises to be licensed) are in the City of London, to the Commissioner of Police for for the City;

(b)if the premises are in the metropolitan police district, to the Commissioner of Police of the Metropolis;

(c)if the premises are in any other police area to the chief constable for that area.

(5)Except where the context otherwise requires, references in this Act to any enactment are references to that enactment as amended, and include references thereto as extended or applied, by any other enactment, including this Act.

202 Application to Isles of Scilly.E+W

(1)The Secretary of State may by order made in relation to the Isles of Scilly provide—

(a)for sustituting, for the provisions of this Act other than Part X prohibiting the sale or supply of intoxicating liquor except as authorised by or under those provisions, a prohibition of the sale or supply of intoxicating liquor except as authorised by annual or occasional permits granted by the joint police committee for the Isles of Scilly and in accordance with such conditions as the permits may specify;

(b)for the exercise by that committee of the functions of licensing justices under Part III of this Act [F31, under the M12Licensing (Occasional Permissions) Act 1983] and under [F32section 6 of the M13Gaming Act 1968] and ofthe functions of justices of the peace under section 74 of this Act.

(2)An order under this section ay contain such supplemental and consequential provisions as appear to the Secretary of State expedient for the purposes of the order, including supplemental or consequential provisions excluding, modifying, or adapting any enactment relating to the sale or supply of intoxicating liquor in its application to the Isles of Scilly.

203†Amendments, transitional provisions and repeals.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(2)This Act shall have effect subject to the transitional provisions contained in Schedule 14 to this Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

204 Short title, commencement and extent.E+W

(1)This Act may be cited as the Licensing Act 1964.

(2)This Act shall come into force on 1st January 1965.

(3)This Act does not extend to Scotland or Northern Ireland.