Licensing Act 1964 (repealed)

SCHEDULE 8E+W Polls in Wales and Monmouthshire

[F11E+WSubject to paragraph 3 below, the rules made by the Secretary of State under [F2section 36 of the Representation of the M1People Act 1983] for the conduct of elections of councillors for local government areas shall have effect in their application to polls under section 66 of this Act subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.]

2E+WSubsections (1) and (3) of section 243 of the M2Local Government Act 1972 shall apply to the day fixed for the poll under section 66 of this Act as they have effect by virtue of paragraph 1 above and to the day or last day on which anything is required or permitted to be done by this Schedule as they apply to the day or the last day on which anything is required or permitted to be done by any provision to which the said subsection (1) applies, and references in subsections (4) and (5) of that section to any rules mentioned in subsection (2) of that section shall be construed as including references to any such rules as they have effect by virtue of paragraph 1 above.

3E+WThe adaptations and alterations made by the Secretary of State under paragraph 1 above shall provide for the use, subject to any variations which in the circumstances appear to the Secretary of State to be appropriate, of the forms B to E in the Appendix to this Schedule, or of forms substantially to the like effect, in place of any corresponding forms required by the rules referred to in paragraph 1 above.

4E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

5(1)Regulations made under [F4section 53 of the Representation of the M3People Act 1983] may, so far as they relate to voting by proxy or by post or to matters connected therewith, make special provision in connection with polls under section 66 of this Act; but subject to any such provision the regulations shall apply—E+W

(a)with the omission of any passage relating to candidates or their agents or to other matters not relevant to such a poll; and

(b)with the substitution for any reference to the last day for the delivery of nomination papers of a reference to the last day for delivery of requisition papers under section 66 of this Act; and

(c)as if any provision requiring [F4section 66(4) of the Representation of the M4People Act 1983] to be read to [F5or by] a person making a declaration of secrecy required it to be read with the modification provided for by section 67(5)(i) of this Act;

and any form prescribed by any such regulations in connection with voting by proxy or by post shall be used with such modifications (if any) as may be approved by the Secretary of State as necessary to adapt it for the purposes of a poll under section 66 of this Act.

(2)If the date for the poll is altered after any postal ballot papers have been issued, then—

(a)on any later issue the covering envelopes enclosed for the return of declarations of identity and ballot papers shall be readily distinguishable from those enclosed on the previous issue (that is to say, the issue before the alteration of the date), and there shall be enclosed a notice calling attention to the change of date and stating that documents sent out on the previous issue are not to be used;

(b)any covering envelopes of the previous issue sent to the returning officer shall on receipt be dealt with in the same way as covering envelopes of later issues, but, on the opening of the ballot boxes provided for covering envelopes, those of the previous issue shall be marked “rejected”, shall be set aside unopened, and thereafter shall be dealt with in the same way as other rejected votes;

(c)save as aforesaid, the previous issue shall be disregarded for all purposes.

6.—(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 the [F7district] returning officer, . . . F6 may make arrangements for the votes to be counted not by electoral areas, but for the [F7district] . . . F6 as a whole or by such divisions of it as he thinks most convenient, and where arrangements are so made, the counting for the [F7district] . . . F6 as a whole or for each division of it, as the case may be, shall be carried out as it would be if that were the electoral area for which an election were being held, . . . F6.

(2)Where the votes are counted otherwise than for the [F7district] . . . F6 as a whole, then on the completion of the counting or any recount for an electoral area or other division the person acting as returning officer for the purpose (if he is not the [F7district] returning officer . . . F6 shall forthwith notify the county returning officer . . . F6 of the number of votes counted on either side, but no other step shall be taken (except proper steps for the security of the ballot papers and other documents) unless or until it is ascertained that there is not to be a recount or further recount.

(3)Where it appears to the [F7district] returning officer . . . F6 on the completion of the counting for the whole [F7district] . . . F6 that the number of votes counted does not show a majority of more than one hundred for either side, he shall cause the votes to be re-counted and, if the decision on the poll according to the recount would differ from the decision according to the original count, to be again re-counted, and the recount or, if there is one, second recount shall be treated as determining the number of votes cast on either side.

(4)The number of votes cast on either side shall in a [F7district] be notified by the [F7district] returning officer to the chairman of the [F7district] council.

7(1)At a poll in a [F8district] . . . F9 any local government elector for the [F8district] . . . F9 may claim to attend the counting of the votes as an observer, by giving to the [F8district] returning officer . . . F9 within seven days of the end of the period allowed for delivering requisition papers a written notice signed by the elector and stating his address, and subject to sub-paragraph (2) of this paragraph he shall then have the same rights and obligations and be in all respects in the same position (as nearly as may be) in relation to the counting as a counting agent appointed by a candidate at an election of a councillor for the [F8district] . . . F9 except that his agreement shall not be required to any interruption of the counting.

(2)There shall not be allowed to attend the counting of the votes at any place a greater number of observers under this paragraph than the number of clerks employed there in the counting, or any observer not duly notified of the time and place of counting; and the persons to be allowed to attend as observers in any case shall be designated by the [F8district] returning officer . . . F9

(3)Where on any poll a greater number of persons claim to attend the counting as observers than is allowed under sub-paragraph (2) of this paragraph, the [F8district] returning officer . . . F9 in choosing between them shall have regard to their opinions about Sunday opening (if known to him) with the aim of designating, as far as he can, those for and those against Sunday opening in equal numbers.

(4)A local government elector may in like manner claim to attend the proceedings on the issue and receipt of postal ballot papers, as well as or instead of the counting of the votes, and the foregoing sub-paragraphs shall apply with the necessary modifications of the references to the counting or to a counting agent; but the number to be allowed to attend on any occasion shall be restricted to such number as the [F8district] returning officer . . . F9 may decide to be reasonable in the circumstances.

Appendix of FormsE+W

A.E+WForm of requisition paper

We, the subscribers hereto, being local government electors for the [[F11district of]] do hereby demand a poll under section 66 of the M5Licensing Act 1964 on the question whether licensed premises in the [F11district] should open on Sundays for the sale of intoxicating liquor.

B.E+WForm of, and directions for printing, ballot paper

(a)E+W

Front of ballot paper

Are you for or against the opening of licensed premises in the [[F12district of ]] on Sundays for the sale of intoxicating liquor?

(b)E+W

Back of ballot paper

No.

Ballot on Sunday opening of licensed premises in the [[F13district of]] the day of , 19 .

(c)E+W

Directions for printing ballot paper

1E+WNothing is to be printed on the ballot paper except in accordance with these directions, and in so far as practicable—

(a)no word shall be printed on the face, except as provided by the form given above;

(b)no rule shall be printed on the face except the rules separating from one another the words “FOR Sunday opening", the words “AGAINST Sunday opening" and the corresponding spaces for the vote to be marked.

2E+WThe number on the back of the ballot paper is to correspond with that on the counterfoil, and shall be printed in small characters.

C.E+W

Form of directions for the guidance of voters in voting

1E+WThe voter should see that the ballot paper, before it is handed to him, is stamped with the official mark.

2E+WThe voter will go into one of the compartments and, with the pencil provided in the compartment, place a cross X on the right-hand side either in the space opposite the words “FOR Sunday opening", if he wishes to vote that way, or in the space opposite the words “AGAINST Sunday opening", if he wishes to vote that way.

3E+WThe voter will then fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, and then, in the presence of the presiding officer, put the paper into the ballot box, and forthwith leave the polling station.

4E+WIf the voter inadvertently spoils a ballot paper he can return it to the officer who will, if satisfied of such inadvertence, give him another paper.

5E+WIf the voter places any mark on the paper by which he may afterwards be identified, his ballot paper will be void and will not be counted.

6E+WIf the voter fraudulently takes a ballot paper out of a polling station or fraudulently puts into the ballot box any paper other than the one given to him by the officer, he will be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding twenty pounds or to both such imprisonment and such fine.

D.E+WForm of declaration to be made by the companion of a blind person

I, A.B., of , having been requested to assist C.D. (in the case of a blind person voting as proxy add “voting as proxy for M.N.") who is numbered on the register of local government electors for the . . . F14 [ ward of the [F15district] ] to record his vote at the poll now being held under the M6Licensing Act 1964 in the said [F15district], do hereby declare that [I am entitled to vote as an elector at this poll] [I am the (state relationship) of the said voter and have attained the age of [F16eighteen]], and that I have not previously assisted any blind person [except E.F., of ], to vote at this poll.

(Signed), A.B.

day of , 19 .

I, the undersigned, being the presiding officer for the polling station for the . . . F14 [ ward of the [F15district] of ], do hereby certify that the above declaration, having been first read to the above named declarant, was signed by the declarant in my presence.

(Signed), G.H.

day of , 19 .

at minutes past o’clock.

[a.m.] [p.m.]

Note.—If the person making the above declaration knowingly and wilfully makes therein a statement false in a material particular, he will be guilty of an offence.

E.E+WQuestions which may be put to voters

(a)In the case of a person applying for a ballot paper as an elector—

(b)In the case of a person applying for a ballot paper as proxy—