Licensing Act 1964 (repealed)

12 Restricted power of licensing justices to refuse renewal or transfer of old on-licences.E+W

(1)In this Act—

• “old on-licence” means a justices’ on-licence, other than one for the sale of wine alone . . . F1, granted by way of renewal from time to time of a licence in force on 15th August 1904, or of a licence that before that day had been provisionally granted and confirmed under section 22 of the M1Licensing Act 1874 where the grant and confirmation have been subsequently declared final, except that it does not include a licence varied under section 37 of this Act or granted by way of renewal from time to time of a licence so varied; and

• “old beerhouse licence” means an old on-licence for the sale of beer or cider, with or without wine, granted by way of renewal from time to time of a licence for premises for which a corresponding excise licence was in force on 1st May 1869;

no account being taken of any transfer nor, except for the purpose of determining whether a licence is an old beerhouse licence, of any removal.

(2)Subject to any disqualification of the applicant or of the premises to which the application relates, licensing justices shall not refuse an application for the renewal of an old on-licence except on one or more of the following grounds, that is to say—

(a)in the case of an old beerhouse licence, those specified in subsection (3) of this section;

(b)in the case of any other old on-licence, those specified in subsection (4) of this section;

and, in either case, the ground that there has been entered in the register of licences a conviction of bribery or treating made in pursuance of [F2section 168(7) of the Representation of the M2People Act 1983].

(3)The renewal of an old beerhouse licence may be refused on the ground—

(a)that the applicant has failed to produce satisfactory evidence of good character; or

(b)that the house or shop to which the application relates, or any adjacent house or shop owned or occupied by him, is of a disorderly character, or frequented by thieves, prostitutes or persons of bad character; or

(c)that a licence previously held by the applicant for the sale of wine, spirits, beer or cider has been forfeited for his misconduct, or that he has previously been adjudged for his misconduct disqualified for receiving such a licence or for selling wine, spirits, beer or cider.

(4)The renewal of an old on-licence other than an old beerhouse licence may be refused on the ground—

(a)that the applicant is not a fit and proper person to hold the licence; or

(b)that the licensed premises have been ill-conducted or are structurally deficient or structurally unsuitable,

and for the purposes of paragraph (b) of this subsection, premises shall be deemed to have been ill-conducted if, among other things, the holder of the licence has persistently and unreasonably refused to supply suitable refreshment, other than intoxicating liquor, at a reasonable price, or has failed to fulfil any reasonable undertaking given to the justices on the grant of the licence.

(5)Where an application is made for the renewal of an old on-licence and the licensing justices ask the applicant to give an undertaking, they shall adjourn the hearing of the application and cause notice of the undertaking for which they ask to be served on the registered owner of the premises and shall give him an opportunity of being heard.

(6)Licensing justices refusing to renew an old on-licence shall specify to the applicant in writing the grounds of their refusal.

(7)Subsections (2) to (6) of this section shall apply to the transfer of an old on-licence as they apply to the renewal of such a licence, except that the transfer of an old beerhouse licence may also be refused on the ground that the applicant is not a fit and proper person to hold the licence.