SCHEDULES

Section 2.

SCHEDULE 1Constitution and Procedure of Licensing Justices

PART ILicensing Committees

1A licensing committee shall be appointed in the month of October, November or December for the year beginning with the following 1st January.

2A licensing committee shall consist of such number of members as the justices appointing the committee may determine, not being less than five nor more than fifteen.

3A casual vacancy arising in a licensing committee from death, resignation or otherwise may be filled by the justices by whom the committee is appointed.

4The quorum of a licensing committee shall be three.

5The members of the committee retiring at the end of a year may be re-appointed ; and, if members are not appointed in any year to succeed the retiring members, the retiring members may continue to act until their successors are appointed.

6Notwithstanding anything in section 2(2) of this Act, where, in the case of any licensing district other than a borough having a separate commission of the peace, the total number of justices acting for the petty sessions area forming the district (excluding any who are disqualified under subsections (1) to (3) of section 193 of this Act) is less than ten, the committee for that district may, if the justices so determine, consist of all of them.

PART IILicensing Sessions

7The licensing sessions of each twelve months beginning with February shall be held at as nearly regular intervals as may be, and the general annual licensing meeting shall be held in the first fortnight of February.

8The licensing justices shall appoint the day, time and place for holding the licensing sessions of each twelve months at a meeting held not less than twenty-one days before the day appointed for the general annual licensing meeting or, in the case of the transfer sessions, either at that meeting or at the general annual licensing meeting.

9The licensing justices may for the general annual licensing meeting appoint different days for different parts of the licensing district, and, if they do, may appoint different places also.

10A licensing sessions may, for the purpose of dealing with business not disposed of, be from time to time continued by adjournment beyond the day appointed for the holding of the sessions ; but no new application may be made at any adjourned sessions and references in this Act or any other enactment (in whatever terms) to the day or first day of a licensing sessions and to the conclusion of a licensing sessions shall be taken as referring to the day appointed for holding the sessions and to the conclusion of the proceedings on that day (and, in the case of a general annual licensing meeting for which different days are appointed for different parts of the licensing district, as having reference to the one appointed for the relevant part of the district).

11When licensing justices have appointed the time and place for the holding of any licensing sessions, the clerk shall advertise notice of it in a newspaper circulating in the licensing district, and shall send notice of it—

(a)to every member of the licensing committee;

(b)to every holder of a justices' licence or canteen licence in the licensing district;

(c)to every person who gives or has previously given the clerk notice of his intention to apply for such a licence at those sessions;

(d)to the chief officer of police for the police area or each of the police areas in which the licensing district or any part of it is situated.

Sections 3, 71.

SCHEDULE 2Applications for Justices' Licences

1A person proposing to apply at a licensing sessions for the grant of a new justices' licence, or for the ordinary or special removal or the transfer of a justices' licence, shall give the following notices:—

(a)not less than twenty-one days before the day of the licensing sessions he shall give notice in writing to the clerk to the licensing justices, the chief officer of police and the proper local authority ;

(b)in the case of a transfer he shall give the like notice to the holder of the licence (if any), and in the case of a removal he shall give the like notice to the registered owner of the premises from which it is sought to remove the licence and the holder of the licence (if any) unless he is also the applicant;

(c)except in the case of a transfer, he shall—

(i)not more than twenty-eight days before the day of the licensing sessions display notice of the application for a period of seven days in a place where it can conveniently be read by the public on or near the premises to be licensed (or, in the case of an application for a provisional grant, on or near the proposed site of those premises); and

(ii)not more than twenty-eight days nor less than fourteen days before the day of the licensing sessions (and, if the licensing justices so require, on some day or days outside that period but within such other period as they may require) advertise notice of the application in a newspaper circulating in the place where the premises to be licensed are situated.

2A person proposing to apply at transfer sessions for the renewal of a justices' licence shall give notice in accordance with sub-paragraph (a) of paragraph 1 of this Schedule.

3With the notice given under sub-paragraph (a) of paragraph 1 of this Schedule to the clerk to the licensing justices there shall be deposited a plan of the premises to be licensed, if the application is—

(a)for the grant of a new justices' on-licence or of an ordinary removal of a justices' on-licence; or

(b)for the provisional grant of a new justices' off-licence or of an ordinary removal of a justices' off-licence;

and is not an application made in accordance with section 6(5) of this Act.

4A notice under this Schedule—

(a)shall be signed by the applicant or his authorised agent;

(b)shall state the name and address of the applicant and, except in the case of a removal of a licence held by him or of a renewal, his trade or calling during the six months preceding the giving of the notice;

(c)shall state the situation of the premises to be licensed and, in the case of a removal, the premises from which it is sought to remove the licence;

(d)in the case of a new licence, shall state the kind of licence for which application is to be made.

5The notice required by sub-paragraph (a) of paragraph 1 of this Schedule to be given to the proper local authority shall be given—

(a)if the premises to be licensed are in an urban parish, to the clerk to the rating authority;

(b)if those premises are in a borough included in a rural district, to the town clerk (as well as to the clerk to the rating authority);

(c)if those premises are in a rural parish, to the clerk to the parish council or, where there is no parish council, to the chairman of the parish meeting;

and, in the case of a new licence or a removal, shall also be given to the authority discharging in the area where those premises are situated the functions of fire authority under the Fire Services Act 1947.

6The clerk to the licensing justices shall for each licensing sessions keep a list of the persons giving notice under this Schedule of their intention to apply for the grant of a justices' licence; and the list shall show the name and address of the applicant, the nature of the application and the situation of the premises to be licensed, and for the fourteen days preceding the sessions shall at all reasonable times be open to inspection, by any person oh payment of the appropriate fee (if any) and, without payment, by any officer of Customs and Excise.

7Where the applicant for the grant of a justices' licence has, through inadvertence or misadventure, failed to comply with the requirements of the preceding paragraphs of this Schedule, the licensing justices may, upon such terms as they think fit, postpone consideration of his application ; and, if on the postponed consideration they are satisfied that any terms so imposed have been complied with, they may deal with the application as if the applicant had complied with those requirements.

8On the consideration of an application for a justices' licence the applicant shall, if so required by the licensing justices, attend in person, and licensing justices may postpone consideration of an application until the applicant does so attend ; but he shall not be required to attend in the case of a renewal unless objection is made to the renewal.

9Subsections (1), (3) and (4) of section 77 of the Magistrates' Courts Act 1952 (which provide for compelling the attendance of witnesses, etc.) shall apply in relation to licensing justices and to an application for the grant of a justices' licence as if they were a magistrates' court for the petty sessions area constituting the licensing district and the application were a complaint.

Section 16.

SCHEDULE 3Compensation Authorities

County Compensation Committee

1(1)A county compensation committee shall be appointed in such manner as shall be determined by rules made by quarter sessions with the approval of the Secretary of State ; and, subject to sub-paragraph (2) of this paragraph, the number and quorum of the committee shall be such as shall be so determined.

(2)The justices for any non-county borough in the county shall be entitled to appoint one of their number to be an additional member of the committee.

2Quarter sessions may, if they think fit, make rules for the procedure of the county compensation committee (so far as not otherwise provided for).

3Where quarter sessions are customarily held separately by adjournment or otherwise for any part of a county, the Secretary of State may on the application of the justices sitting at each such separate sessions by order constitute any part of the county for which quarter sessions are so separately held a separate county for the purposes of the execution of the functions of a county compensation committee and of quarter sessions in relation to that committee, and the justices usually sitting at those separate sessions a separate quarter sessions for those purposes, and may make all necessary provision for the exercise of those functions in such a case.

4Quarter sessions may, for the purposes of the functions of a county compensation committee, divide their area into districts; and if they do so—

(a)the preceding provisions of this Schedule shall have effect as if, for the purposes of those functions, each of those districts were a separate county having the same quarter sessions ; but

(b)the same committee shall for the purposes of those functions be the compensation authority for each of the districts.

Borough Compensation Committee

5A borough compensation committee shall be appointed in the month of October, November or December for the year beginning with the following 1st January.

6A borough compensation committee shall consist of not less than nine nor more than fifteen justices ; and not more than one-third of the members of the committee shall be members of the borough licensing committee.

7A casual vacancy arising in a borough compensation committee from death, resignation or otherwise may be filled by the borough justices.

8The quorum of a borough compensation committee shall be three.

9The members of the committee retiring at the end of a year may be re-appointed ; and, if members are not appointed in any year to succeed the retiring members, the retiring members may continue to act until their successors are appointed.

10The borough justices may, if they think fit, make rules for the procedure of the borough compensation committee (so far as not otherwise provided for).

Compensation committee for City of London

11Paragraphs 5 to 10 of this Schedule shall apply to the compensation committee for the City of London as if the City were a county borough.

Section 17(4).

SCHEDULE 4Deductions from Rent

Section 40.

SCHEDULE 5Requirements to be Complied With by Club's Application for Registration Certificate

1The application shall specify the name, objects and address of the club, and shall state that there is kept at that address a list of the names and addresses of the members.

2The application shall state, in terms of subsections (1) and (2) of section 41 of this Act, that the club is qualified under those subsections to receive a registration certificate for the premises, or will be so qualified if, as regards any provision of the rules specified in the application, the court sees fit to give a direction under section 42(2) of this Act.

3The application shall set out, or shall incorporate a document annexed which sets out, the names and addresses of the members of any committee having the general management of the affairs of the club, and those of the members of any other committee concerned with the purchase for the club or with the supply by the club of intoxicating liquor, and those of other officers of the club.

4(1)The application shall state, or shall incorporate a document annexed which states, the rules of the club or, in the case of an application for renewal, the changes in the rules made since the last application for the issue or renewal of the certificate.

(2)If, in the case of an application for renewal, there has been no such change as aforesaid, the application shall so state.

5The application shall—

(a)identify the premises for which the issue or renewal of the registration certificate is sought; and

(b)state that those premises are or are to be occupied by and habitually used for the purposes of the club, the times at which they are or are to be open to members and the hours (if any) fixed by or under the rules of the club as the permitted hours there ; and

(c)state the interest held by or in trust for the club in those premises and, if it is a leasehold interest or if the club has no interest, the name and address of any person to whom payment is or is to be made of rent under the lease pr otherwise for the use of the premises.

6(1)The application shall give, or shall incorporate a document annexed which gives—

(a)particulars of any property not comprised in paragraph 5 of this Schedule which is or is to be used for the purposes of the club and not held by or in trust for the club absolutely, including the name and address of any person to whom payment is or is to be made for the use of that property;

(b)particulars of any liability of the club in respect of the principal or interest of moneys borrowed by the club or charged on property held by or in trust for the club, including the name and address of the person to whom payment is or is to be made on account of that principal or interest;

(c)particulars of any liability of the club or of a trustee for the club in respect of which any person has given any guarantee or provided any security, together with particulars of the guarantee or security given or provided, including the name and address of the person giving or providing it.

(2)An application for renewal, or document annexed to it, may give the particulars required by this paragraph by reference to the changes (if any) since the last application by the club for the issue or renewal of the registration certificate.

(3)If there is no property or liability of which particulars are required by any paragraph of sub-paragraph (1) of this paragraph, the application shall so state.

(4)In this paragraph, "liability" includes a future or contingent liability.

7(1)The application shall give, or shall incorporate a document annexed which gives, particulars of any premises not comprised in paragraph 5 of this Schedule, which have within the preceding twelve months been occupied and habitually used for the purposes of the club, and shall state the interest then held by or in trust for the club in those premises and, if it was a leasehold interest or if the club had no interest, the name and address of any person to whom payment was made of rent under the lease or otherwise for the use of the premises.

(2)If there are no premises of which particulars are required by this paragraph, the application shall so state.

8Where the interest held by or in trust for the club in any land of which particulars are required by paragraph 5, 6 or 7 of this Schedule is or was a leasehold interest, and the rent under the lease is not or was not paid by the club or the trustees for the club, the application shall state the name and address of the person by whom it is or was paid.

Sections 40, 44, 92.

SCHEDULE 6Procedure on Applications and Complaints relating to Registration Certificates

PART IIssue, Renewal and Surrender of Registration Certificates

Applications, etc.

1(1)An application by a club for the issue, renewal or variation of a registration certificate shall be made by lodging the application, together with the number of additional copies required under paragraph 4 of this Schedule, with the clerk to the justices.

(2)The court may, on such conditions as the court thinks fit, allow such an application to be amended.

(3)An amended application shall be made by lodging with the clerk to the justices the original application or the relevant parts of it altered so as to show the amendments, together with the number of additional copies required under paragraph 4 of this Schedule.

2A registration certificate shall be surrendered by lodging with the clerk to the justices a notice of surrender, together with the certificate and such number of additional copies of the notice as is required under paragraph 4 of this Schedule.

3(1)Any such application or amended application and any such notice shall be signed by the chairman or by the secretary of the club.

(2)In the absence of objection the court shall not require proof that an application or amended application purporting to be so signed is duly signed.

4On receipt of any such application or amended application or of any such notice the clerk to the justices shall forthwith send a copy to any chief officer of police concerned and to the clerk of any local authority concerned, and the number of additional copies required to be lodged with the clerk is the number necessary to provide the copies the clerk needs for this purpose.

5A club applying for the issue of a registration certificate for any premises, or for the renewal of a registration certificate in respect of different, additional or enlarged premises, shall give public notice of the application (identifying those premises and giving the name and address of the club) either—

(a)by displaying the notice on or near the premises, in a place where it can conveniently be read by the public, for the seven days beginning with the date of the application; or

(b)by advertisement on one at least of those days in a newspaper circulating in the place where the premises are situated.

Objections, etc.

6(1)Subject to sub-paragraph (2) of this paragraph, an objection to an application for the issue or renewal of a registration certificate shall be made by lodging with the clerk to the justices two copies in writing of the objection not later than twenty-eight days after the making of the application or, if the application is amended, after the making of the amended application.

(2)If a magistrates' court extends the time allowed under section 45 of this Act to the chief officer of police, fire authority or local authority for inspecting premises to which the application relates, that court shall also extend the time in which the chief officer or authority may make objections to the application.

7On receipt of an objection to an application for the issue or renewal of a registration certificate the clerk to the justices shall forthwith send a copy to the person signing the application at any address furnished by him for communications relating to the application or, in default of such an address, at the address given in the application as that of the club.

8Paragraphs 6 and 7 of this Schedule shall apply in relation to any notice of intention, on an application for the issue, renewal or variation of a registration certificate, to make representations as to conditions relating to the sale of intoxicating liquor as they apply to objections to an application for the issue or renewal of a registration certificate (with the substitution of references to giving the notice for references to making the objection).

9Where any such objection is made or any such notice is given, the magistrates' court may make such order as it thinks just and reasonable for the payment of costs to the club by the person making the objection or giving the notice or by the club to that person; and for purposes of enforcement the order shall be treated as an order for the payment of a sum enforceable as a civil debt.

10Where a club applies for a renewal of a registration certificate, and the magistrates' court under paragraph 6(2) of this Schedule extends the time for any person to make objection to the application, the court may order that the certificate to be renewed shall not continue in force by virtue of section 40(5) of this Act beyond a date specified in the order.

11(1)Subject to sub-paragraph (2) of this paragraph, an objection to an application for the issue or renewal of a registration certificate shall specify the ground of objection with such particulars as are sufficient to indicate the matters relied on to make it out.

(2)Where objection is made to an application for the issue pr renewal of a registration certificate on the ground that the application does not give the information required by this Act, or the information is incomplete or inaccurate, or the application is otherwise not in conformity with this Act, it shall be sufficient for the objection to state the ground as a matter of suspicion, and to indicate the reasons for the suspicion.

12Where, on an objection to an application for the issue or renewal of a registration certificate, there appears to the court to be good reason to suspect that the application does not give the information required by this Act, or that the information is incomplete or inaccurate, or the application is otherwise not in conformity with this Act, it shall be for the applicant to satisfy the court that the ground of objection cannot be made out, unless the applicant desires and is permitted to amend the application so as to remove the ground of objection.

PART IIComplaint for Cancellation or Variation of Registration Certificate

13(1)A summons issued on a complaint made against a club for the cancellation or variation of a registration certificate shall be served on the chairman or secretary of the club or the person who signed the last application for the issue or renewal of the certificate, and that service shall be treated as service on the club.

(2)Any such summons shall, in addition to being served on the club, be served on such persons, if any, as the justices issuing the summons may direct.

14Where it appears to a magistrates' court having jurisdiction to deal with any such complaint that the summons cannot be served on the club in accordance with paragraph 13 of this Schedule, or not without undue difficulty or delay, the court may order that service on the club may be effected by serving the summons on a person named in the order, being a person who appears to the court to have, or to have had, an interest in the club, or to be, or to have been, an officer of the club.

15A complaint may be made against a club for the cancellation of a registration certificate on the ground that the club has not twenty-five members, notwithstanding that the complainant's case is that the club does not exist.

PART IIIGeneral

16(1)A magistrates' court may deal with an application by a club for the issue, variation or renewal of a registration certificate without hearing the club, but—

(a)before refusing such an application, or renewing a registration certificate for a shorter time than is requested in the application, shall give the club an opportunity to be heard ; and

(b)before renewing a registration certificate for a longer period than one year, may invite any chief officer of police or local authority concerned to make representations.

(2)In relation to any such application sub-sections (1) and (3) of section 77 and section 98 of the Magistrates' Courts Act 1952 shall apply as they apply in relation to a complaint.

17On any application or complaint made to a magistrates' court by or against a club under Part II of this Act, and on any appeal by a club under section 50 of this Act, the club, if not represented by counsel or a solicitor, shall be heard by the chairman or secretary, by any member of the committee having the general management of the affairs of the club or by any officer of the club duly authorised.

18This Schedule, in so far as it relates to matters about which there is power to make rules under section 15 of the Justices of the Peace Act 1949, shall have effect subject to any rules so made after 3rd August, 1961.

Sections 41, 42.

SCHEDULE 7Provisions as to Club Rules

Management of club

1The affairs of the club, in matters not reserved for the club in general meeting or otherwise for the decision of the general body of members, must, under the rules, be managed by one or more elective committees; and one committee must be a general committee, charged with the general management of those affairs in matters not assigned to special committees.

General meetings

2(1)There must, under the rules, be a general meeting of the club at least once in every year, and fifteen months must not elapse without a general meeting.

(2)The general committee must be capable of summoning a general meeting at any time on reasonable notice.

(3)Any members entitled to attend and vote at a general meeting must be capable of summoning one or requiring one to be summoned at any time on reasonable notice, if a specified number of them join to do so; and the number required must not be more than thirty nor more than one-fifth of the total number of the members so entitled.

(4)At a general meeting the voting must be confined to members, and all members entitled to use the club premises must be entitled to vote, and must have equal voting rights, except that—

(a)the rules may exclude from voting, either generally or on particular matters, members below a specified age (not greater than twenty-one), women if the club is primarily a men's club, and men if the club is primarily a women's club, and

(b)if the club is primarily a club for persons qualified by service or past service, or by any particular service or past service, in Her Majesty's forces, the rules may exclude persons not qualified from voting, either generally or on particular matters ; and

(c)if the rules make special provision for family membership or family subscriptions or any similar provision, the rules may exclude from voting, either generally or on particular matters, all or any of the persons taking the benefit of that provision as being members of a person's family, other than that person.

Membership

3(1)Ordinary members must, under the rules, be elected either by the club in general meeting or by an elective committee, or by an elective committee with other members of the club added to it for the purpose; and the name and address of any person proposed for election must, for not less than two days before the election, be prominently displayed in the club premises or principal club premises in a part frequented by the members.

(2)The rules must not make any such provision for the admission of persons to membership otherwise than as ordinary members' (or in accordance with the rules required for ordinary members by sub-paragraph (1) of this paragraph) as is likely to result in the number of members so admitted being significant in proportion to the total membership.

Meaning of "elective committee"

4(1)In this Schedule " elective committee " means, subject to the following provisions of this paragraph, a committee consisting of members of the club who are elected to the committee by the club in accordance with sub-paragraph (2) of this paragraph for a period of not less than one year nor more than five years ; and paragraph 2(4) of this Schedule shall apply to voting at the election as it applies to voting at general meetings.

(2)Elections to the committee must be held annually, and if all the elected members do not go out of office in every year, there must be fixed rules for determining those that are to ; and all members of the club entitled to vote at the election and of not less than two years' standing, must be equally capable of being elected (subject only to any provision made for nomination by members of the club and to any provision prohibiting or restricting re-election) and, if nomination is required, must have equal rights to nominate persons for election.

(3)Except in the case of a committee with less than four members, or of a committee concerned with the purchase for the club or with the supply by the club of intoxicating liquor, a committee of which not less than two-thirds of the members are members of the club elected to the committee in accordance with sub-paragraphs (1) and (2) of this paragraph shall be treated as an elective committee.

(4)A sub-committee of an elective committee shall also be treated as an elective committee if its members are appointed by the committee and not less than two-thirds of them (or, in the case of a sub-committee having less than four members, or concerned with the purchase for the club or with the supply by the club of intoxicating liquor, all of them) are members of the committee elected to the committee in accordance with sub-paragraphs (1) and (2) of this paragraph who go out of office in the sub-committee on ceasing to be members of the committee.

(5)For the purposes of this paragraph a person who on a casual vacancy is appointed to fill the place of a member of an elective committee for the remainder of his term and no longer shall, however appointed, be treated as elected in accordance with sub-paragraphs (1) and (2) of this paragraph if the person whose place he fills was so elected or is to be treated as having been so elected.

Sections 66, 67.

SCHEDULE 8Polls in Wales and Monmouthshire

1The local election rules set out in Schedule 2 to the Representation of the People Act 1949, and any regulations made under section 42 of that Act, shall, in their application to polls under section 66 of this Act, have effect subject to the following paragraphs of this Schedule.

2Part I of the rules (except in so far as by rule 3 it fixes the hours of the poll), Pant II and Part IV shall not apply, nor in Part III rules 20, 26, 32, 36, 42 and 45.

3The remaining rules shall apply with the omission of any passage relating to candidates or their election, polling or counting agents, or to other matters not relevant to a poll under section 66 of this Act; and no person's agreement shall be required to a returning officer interrupting the counting of the votes between eight o'clock in the evening and nine o'clock on the following morning.

4Forms B to E in the appendix to this Schedule shall be substituted for the corresponding passages in the local election rules or the appendix thereto ; and where, in accordance with rule 27, subsections (1), (2), (3) and (6) of section 53 of the Representation of the People Act 1949 are to be read to a person before he makes the declaration of secrecy, they shall be read with the modifications provided for by section 67(5)(i) of this Act.

5(1)Regulations made under section 42 of the Representation of the People Act 1949 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—

(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 section 53(4) of the Representation of the People Act 1949 to be read to 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)In a county the county returning officer, and in a county borough divided into wards the mayor, may make arrangements for the votes to be counted not by electoral areas, but for the county or county borough as a whole or by such divisions of it as he thinks most convenient, and where arrangements are so made, the counting for the county or county borough 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, except that in a county borough the mayor shall act as returning officer in relation to the counting of the votes, but shall have the like powers in relation to the appointment of deputies as a county returning officer has.

(2)Where the votes are counted otherwise than for the county or county borough 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 county returning officer or mayor) shall forthwith notify the county returning officer or mayor of the number of voltes 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 county returning officer or mayor, on the completion of the counting for the whole county or county borough, 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 county be notified by the county returning officer to the chairman of the county council.

7(1)At a poll in a county or county borough any local government elector for the county or county borough may claim to attend the counting of the votes as an observer, by giving to the county returning officer or mayor 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 nights 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 county or borough, 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 county returning officer or mayor.

(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 county returning officer or mayor 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 county returning officer or mayor may decide to be reasonable in the circumstances.

APPENDIX OF FORMS

A. Form of requisition paper

B. Form of, and directions for printing, ballot paper

C. Form of directions for the guidance of voters in voting

D. Form of declaration to be made by the companion of a blind person

E. Questions which may be put to voters

Section 102.

SCHEDULE 9The Carlisle District

PART IExtent of the District

The City of Carlisle, the petty-sessional division of Cumberland Ward (except so much of the old parish of Castle Sowerby as is comprised in the parish of Dalston), so much of the old parish of Dalston as is comprised in the parish of Skelton in the petty-sessional division of Penrith, the petty-sessional division of Mary-port, so much of the petty-sessional division of Wigton as lies to the north-west of a line drawn parallel to and one-quarter of a mile south-east of the main road from Carlisle to Coekermouth, the petty-sessional division of Longtown (except the parishes of Nichol Forest, Solport, and Bewcastle, and the old parish of Bellbank), and the parishes of Bothel and Threapland, Plumbland, Gilcrux and Broughton Moor and the old parishes of Tallentire and Dovenby, in the petty-sessional division of Coekermouth, all in the county of Cumberland.

In this Part of this Schedule the expression " old parish " means a parish as existing immediately before the coming into operation of the Cumberland Review Order 1934.

PART IIAncillary Functions Exercisable by Secretary of State

1The provision and maintenance in the Carlisle district of hotels and inns where accommodation and meals are provided and intoxicating liquor is sold.

2The provision and maintenance in the Carlisle district of premises where meals and refreshments may be obtained, whether or not intoxicating liquor is sold in the premises.

3The provision of entertainment or recreation at premises in the Carlisle district provided by the Secretary of State for the sale of intoxicating liquor, meals or refreshments.

4The brewing of beer (as defined in section 307 of the Customs and Excise Act 1952), the blending, reducing or bottling of any intoxicating liquor and the manufacture of table waters, that is to say, aerated waters and beverages sold or kept for sale in bottles, other than—

(a)liquors for the sale of which an excise licence is required, or

(b)syrups or other liquors intended to be consumed only in a diluted form,

for sale in, or to persons in, the Carlisle district.

5The provision and maintenance of storage accommodation, and the provision of transport, in connection with the carrying on of any activity referred to in the preceding provisions of this Part of this Schedule.

6The carrying on of any business which, by reason of being carried on outside the Carlisle district, does not fall within section 102 of this Act or the preceding provisions of this Schedule, so long as the business is carried on in the premises in which immediately before 30th July 1949 it was being carried on on behalf of the Secretary of State in pursuance of any of the provisions of Part II of the Licensing Act 1921 or Schedule 3 to that Act.

7The carrying on of such activities and the doing of such things (including, without prejudice to the generality of this paragraph, the purchase of the whole or any part of any business and the assets and liabilities thereof) incidental to any of the activities specified in section 102 of this Act and the preceding provisions of this Schedule as appear to the Secretary of State expedient.

PART IIISupplemental Provisions as to the Exercise of Functions of Secretary of State

8Notwithstanding anything in the enactments relating to the sale and supply of intoxicating liquor, to the sale of tobacco and to entertainment and recreation, any of the activities specified in section 102 of this Act and Part II of this Schedule may be carried on by or on behalf of the Secretary of State, in premises occupied by him, without the need for any licence, and shall not be subject to any restrictions imposed by law on the carrying on of such activities ; but any person engaged in any such activity on behalf of the Secretary of State shall be subject to any statutory provisions affecting the holders of licences, and the occupiers of premises licensed, for that activity in like manner as if he were the holder of the appropriate licence, and to any restrictions imposed by law on persons carrying on that activity.

9(1)Any instrument in connection with the acquisition, management or disposal of any land or other property in the exercise of the functions of the Secretary of State relating to the Carlisle district, being an instrument to which the Secretary of State is expressed to be a party, shall be deemed to be validly executed by him if it is executed on his behalf by an Under-Secretary of State or any other person authorised in that behalf by the Secretary of State ; and any such instrument purporting to have been executed as aforesaid on behalf of the Secretary of State shall, until the contrary is proved, be deemed to have been so executed on his behalf.

(2)The method provided by sub-paragraph (1) of this paragraph for the execution of such an instrument as is mentioned in that sub-paragraph shall be in addition to any other method available by law for the execution of such an instrument on behalf of the Secretary of State; and this paragraph shall not be construed as affecting the validity of any method by which other instruments may be executed on behalf of the Secretary of State.

Section 108.

SCHEDULE 10Committee for New Town

1(1)Subject to sub-paragraph (2) of this paragraph, a committee appointed under section 108 of this Act shall consist of—

(a)a chairman appointed by the Secretary of State as being an independent person;

(b)members appointed by the development corporation for the new town for which the committee is constituted, or, if the committee is constituted for two new towns, by the development corporations for those new towns in such proportionis as the Secretary of State may by order specify ;

(c)members appointed from among their number by the licensing justices for the licensing district in which is situated the area for which the committee is constituted, or, if that area is situated in more than one licensing district, by the licensing justices for those districts in such proportions as the Secretary of State may by order specify.

(2)Where the area for which a committee is constituted comprises part only of a licensing district, and it appears to the Secretary of State that, by reason of the small extent of that part of the district and having regard to its nature, the licensing justices have sufficient interest in the working of the committee to justify their representation on it, it shall not be necessary for the committee to include any licensing justice for that district.

2The members of a committee appointed under sub-paragraphs (b) and (c) of paragraph 1 of this Schedule shall be equal in number; but subject thereto the number of members shall be determined by order of the Secretary of State.

3The appointment of a member of any such committee shall be for such term, not exceeding three years, as may be determined by or under an order of the Secretary of State, with or without eligibility for reappointment, as may be so determined, and shall be subject to such conditions as may be so determined.

4The quorum of any such committee shall be such as the Secretary of State may by order determine.

5If the votes are equal on any question the chairman shall have a casting vote ; but subject thereto the chairman shall not vote.

6Subject to paragraphs 4 and 5 of this Schedule, the procedure of any such committee shall be such as the committee may determine.

7The proceedings of any such committee shall not be invalidated by reason of any vacancy in the committee or any defect in the appointment of a member of the committee.

Section 119.

SCHEDULE 11Licensing Planning Committees

General provisions

1A licensing planning committee shall consist of—

(a)a chairman appointed by the Secretary of State ;

(b)members appointed from among their number by the licensing justices having jurisdiction in the area ;

(c)members appointed by the local planning authorities having jurisdiction in the area.

2(1)The members of a licensing planning committee appointed under sub-paragraphs (b) and (c) of paragraph 1 of this Schedule shall be equal in number; but subject thereto the number of members of any such committee shall be determined by the order constituting the area.

(2)Where there is more than one body of licensing justices or more than one local planning authority having jurisdiction in a licensing planning area, the order constituting the area shall specify how many members are to be appointed by each body of justices or local planning authority.

3The appointment of a member of a licensing planning committee shall be for a term of three years, and shall be subject to such conditions as the Secretary of State may determine, except that a member appointed to fill a casual vacancy shall hold office only until the end of the term of office of the person in whose place he was appointed.

4The provisions of paragraph 3 of this Schedule shall be subject to the termination of the appointment by the expiry of Pant VII of this Act, by the variation under section 120 of this Act of the licensing planning area or by the revocation under that section of the order constituting the area.

5If the votes are equal on any question the chairman shall have a casting vote; but subject thereto the chairman shall not vote.

6The proceedings of a licensing planning committee shall not be invalidated by reason of any vacancy in the committee or any defect in the appointment of a member of the committee.

7The clerk to the licensing justices for the licensing district constituting or including the area, or, where the area includes the whole or part of two or more licensing districts, the clerk to the licensing justices for such one of those licensing districts as may be specified in the order, shall, by virtue of his office, be the secretary of the committee.

8An order constituting a licensing planning area may provide—

(a)for the appointment of sub-committees of the licensing planning committee for the area ;

(b)for authorising or requiring such matters as the order may specify to be referred by the committee to those subcommittees.

9Where an order under section 120 of this Act adds a licensing district or part of a licensing district to a licensing planning area, and the order provides for the appointment of additional members of the licensing planning committee by the licensing justices or a local planning authority having jurisdiction in the added district or part, the order may vary the provisions of the original order constituting the district so as to limit the right of the additional members to vote as members of the licensing planning committee to such matters relating to the added district or part of a district as the order may specify.

10So far as any order makes any provision authorised by paragraph 8 or 9 of this Schedule, it may be varied or revoked by a subsequent order of the Secretary of State made after consultation with the licensing planning committee for the area in question.

London

11Paragraphs 1, 2 and 7 to 10 of this Schedule shall not apply to a licensing planning area that consists of or includes the administrative county of London.

12The licensing planning committee for such a licensing planning area shall consist of—

(a)a chairman appointed by the Secretary of State as being an independent person;

(b)twelve members appointed from among their number by the court of quarter sessions for the county of London;

(c)twelve members, appointed one each by the councils of the inner London boroughs ;

(d)such number of members as the Secretary of State may by order prescribe, appointed from among their number by the licensing justices for the City of London and an equal number of members appointed by the Common Council of the City of London ;

(e)such persons appointed to a sub-committee under paragraph 15(c) of this Schedule and nominated by authorities or bodies concerned with a part of the area outside the administrative county of London as the Secretary of State -may by order prescribe.

13(1)If, after consultation with the court of quarter sessions for the county of London and the councils of the inner London boroughs, it appears to the Secretary of State expedient to do so by reason of the reduction under any enactment (whether passed before or after the commencement of this Act) of the number of petty-sessional divisions in London, the Secretary of State may by order direct that sub-paragraphs (b) and (c) of paragraph 12 of this Schedule shall have effect as if for the number twelve, in each place where it occurs, there were substituted such lower number as the order may specify.

(2)Where an order under this paragraph lowers the number of members under sub-paragraph (c) of paragraph 12 of this Schedule, the order may specify the manner in which that lower number of members is to be appointed by the councils of the inner London boroughs.

14The clerk of the peace for the county of London shall, by virtue of his office, be the secretary of the licensing planning committee for any licensing planning area that consists of or includes the administrative county of London.

15The Secretary of State may by order—

(a)provide for the appointment of sub-committees of the licensing planning committee referred to in paragraph 12 of this Schedule;

(b)authorise or require the reference by the committee to those sub-committees of such matters as the order may specify;

(c)provide for the addition to those sub-committees, for the purpose of considering and reporting on such matters as may be specified in the order, of persons nominated by such authorities or bodies concerned with the area or any part of it as may be so specified ; and

(d)limit the right to vote as members of the committee referred to in paragraph 12 of this Schedule of the persons mentioned in sub-paragraph (e) of that paragraph to such matters relating to the part of the area so mentioned as the order may specify.

16An order under paragraph 13 or paragraph 15 of this Schedule may be varied or revoked by a subsequent order thereunder.

Sections 149, 152.

SCHEDULE 12Applications for Grant and Transfer of Canteen Licences

Applications for grant of licences

1(1)A person proposing to apply for the grant of a canteen licence shall—

(a)not less than twenty-one days before the hearing of the application, give notice in writing of the application to the clerk to the licensing justices and the chief officer of police, and serve both of them with a copy of—

(i)the certificate of the Minister of Transport; and

(ii)the draft rules which it is proposed to make as respects the persons entitled to use the canteen ; and

(iii)a plan of the canteen and particulars of the, means of access to the canteen and of the sanitary accommodation for persons using the canteen;

(b)not more than twenty-eight days before the hearing of the application, cause notice of the application to be kept affixed, between ten in the morning and five in the afternoon on two consecutive Sundays, to a conspicuous part of the premises comprising the canteen;

(c)not more than twenty-eight days nor less than fourteen days before the hearing of the application (and, if the licensing justices so require, on some day or days outside that period but within such other period as they may require) advertise notice of the application in a newspaper circulating in the area where the canteen is situated.

(2)In the case of an application for the grant of a provisional licence—

(a)the references in paragraph (a) of sub-paragraph (1) of this paragraph to the canteen shall be taken as references to the proposed canteen after the construction or conversion has been carried out; and

(b)the notice to be affixed in pursuance of paragraph (b) of that sub-paragraph shall be affixed to the premises on the land where the canteen is to be.

2A notice under paragraph 1 of this Schedule shall state the kind of retailer's on-licence which is desired, the situation of the canteen and, except in the case of an application for a provisional licence, the name and address of the person who is to be the holder of the licence.

Applications for transfers and confirmation of transfers

3A person proposing to apply to the licensing justices for the transfer or confirmation of the transfer of a canteen licence shall, not less than fourteen days before the hearing of the application, give notice in writing to the chief officer of police and the clerk to the licensing justices.

4A person proposing to apply to justices of the peace for the transfer of a canteen licence shall, not less than seven days before the hearing of the application, give notice in writing to the chief officer of police.

5A notice under paragraph 3 or paragraph 4 of this Schedule shall state the name and address of the person to whom the licence is proposed to be transferred and his trade or calling during the six months preceding the giving of the notice.

General

6Where an applicant for the grant of a canteen licence or for the transfer or confirmation of the transfer of such a licence has, through inadvertence or misadventure, failed to comply with the requirements of the preceding paragraphs of this Schedule, the justices may, upon such terms as they think fit, postpone consideration of his application ; and, if on the postponed consideration they are satisfied that any terms so imposed have been complied with, they may deal with the application as if the applicant had complied with the requirements of this Schedule.

Section 203.

SCHEDULE 13Consequential Amendments

1In sections 9, 18 and 32 of the Refreshment Houses Act 1860 (as amended by the Licensing Act 1961) there shall be substituted, for the words from " shall be liable to the end of each of those sections, the words " shall be liable on summary conviction to a fine not exceeding twenty pounds or, if before the commission of the offence and within the five years preceding his conviction of it he had been convicted of any of the offences mentioned in subsection (3) of section 100 of the Licensing Act 1964, then to a fine not exceeding fifty pounds".

2Section 150(3) of the Customs and Excise Act 1952 shall have effect as if the references to a justices licence included references to a licence granted under Part X of this Act.

3In the proviso to section 151(1) of the Customs and Excise Act 1952 the reference to Sunday shall in England and Wales apply only in an administrative county or county borough in Wales and Monmouthshire in which section 66(1) of this Act for the time being applies.

4In section 4 of the Finance Act 1959—

(a)the references to premises habitually used for the purposes of the club shall be construed as references to premises in respect of which the club is registered ;

(b)subsection (3) shall have effect as if the reference to the club being struck off the register of clubs were a reference to the club ceasing to hold a registration certificate for the premises; and

(c)subsection (5) shall have effect as if the references to the club being struck off the register were references to its ceasing to hold a registration certificate for the premises on a cancellation of or refusal to renew its certificate, and as if the reference to the club ceasing to be required to be registered were a reference to the club ceasing to hold a registration certificate otherwise than on a cancellation or refusal to renew.

Section 203.

SCHEDULE 14Transitional Provisions

1Any reference in any enactment or document, whether expressed or implied, to any enactment repealed by this Act or to any provision contained in any such enactment, or having effect as such a reference, shall be construed as a reference to this Act or, as the case may be, to the corresponding provision of this Act.

2Any regulation, order, rule, licence, appointment, direction, certificate or notice made or given, or other thing done, or having effect as being made, given or done under any provision contained in an enactment repealed by this Act shall have effect as if it had been made, given or done under the corresponding provision of this Act.

3A conviction of an offence under an enactment repealed by this Act or by an enactment so repealed shall be treated, for the purposes of this Act and of sections 9, 18 and 32 of the Refreshment Houses Act 1860, as a conviction of an offence under the corresponding provision of this Act.

4Without prejudice to paragraph 3 of this Schedule, for the purposes of section 169(8) of this Act a conviction of an offence under section 21 of the Licensing Act 1961, section 128 or subsection (1), (4) or (5) of section 129 of the Licensing Act 1953 (or under any of those enactments as applied by the Licensing (Seamen's Canteens) Act 1954 or by the Occasional Licences and Young Persons Act 1956) shall be taken into account in the same way as a conviction of an offence under section 169 of this Act other than an offence under subsection (2) of that section.

5Any disqualification order made before 1st November 1961 under section 26 of the Licensing Act 1949 shall have effect in relation to Part IV licences as it is expressed to have effect in relation to licences under the Refreshment Houses Act 1860; and subsections (3) to (5) of section 101 of this Act shall apply to any such order as they apply to disqualification orders under section 100 of this Act.

6(1)Where at the commencement of this Act a justices' licence granted for a term other than twelve months is in force or in suspense, the following provisions of this paragraph shall apply.

(2)Any licence granted by way of transfer (directly or indirectly) of the licence shall be granted to have effect for a period ending with the term for which the licence was granted.

(3)An application for the regrant of the licence shall be treated as an application for a new licence and not as an application for the renewal of the licence, but section 123(1) of this Act shall not apply to the regrant.

(4)The circumstances in which the licence may be forfeited shall include the following, that is to say, it may be forfeited—

(a)by an order of a magistrates' court made on complaint, where the court is satisfied that a condition attached, under a previous enactment corresponding to section 4(1) of this Act, to the grant of the licence has not been complied with ;

(b)by order of any court by or before which the holder of the licence is convicted of any offence committed by him as such.

(5)A person aggrieved by an order of a magistrates' court under sub-paragraph (4) of this paragraph may appeal to a court of quarter sessions.

(6)Section 10(3) of this Act shall have effect, in relation to the licence, as if the cases mentioned therein as enabling justices of the peace to grant a protection order included any forfeiture of the licence under this Act.

(7)In relation to the licence sections 133(3) and 142(3) of this Act shall have effect as if the 5th April mentioned therein were the 5th April next following the first day of the general licensing meeting after a period beginning on the last day of the term for which the licence was granted and equal to the time during which the licence was in suspense (whether by virtue of section 132 of this Act or a corresponding enactment previously in force or by virtue of section 141 of this Act or a corresponding enactment previously in force or partly by virtue of the one and partly by virtue of the other).

7(1)Until 1st April 1965 this Act shall have effect subject to the following provisions of this paragraph.

(2)In section 58(1), in paragraph (a), there shall be substituted for the words " London borough " the words " metropolitan borough'' and, in paragraph (b) after the words " borough " there shall be inserted the words " or metropolitan borough ".

(3)In section 98(5)(a), for the words " London borough" there shall be substituted the words " metropolitan borough ".

(4)In section 201, in the definition of "statutory regulations for music and dancing, for paragraph (iii) there shall be substituted the following paragraph:—

(5)In Schedule 11—

(a)in paragraph 12(c) for the words from " one each " to the end of the paragraph there shall be substituted the words " by the London County Council ";

(b)in paragraph 12(d) for the words " by the Common Council of the City of London " there shall be substituted the words " after consultation with the Common Council of the City of London, by the London County Council ";

(c)in paragraph 13(1) for the words "the councils of the inner London boroughs" there shall be substituted the words " the London County Council ";

(d)paragraph 13(2) shall be omitted.

8The mention of particular matters in this Schedule shall be without prejudice to the general application of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).

Section 203.

SCHEDULE 15Repeals