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Licensing Act 1964 (repealed)
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Changes over time for: Section 81B
Version Superseded: 24/11/2005
Alternative versions:
- 01/02/1991- Amendment
- 01/05/1996- Amendment
- 19/03/2001- Amendment
- 01/04/2001
Point in time - 24/11/2005- Amendment
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Point in time view as at 01/04/2001. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Licensing Act 1964 (repealed), Section 81B.
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[F181B Special hours certificates: appealsE+W
(1)Subject to subsection (2) of this section, any person aggrieved by a decision of licensing justices or a magistrates’ court—
[F2(a)not to grant a special hours certificate under section 77 [F3, 77A, 78 or 78ZA] of this Act;]
[F4(aa)to revoke or not to revoke a special hours certificate on an application under subsection (2) or (4) of section 81 of this Act,]
[F5(b)to attach or not to attach limitations under section 78A of this Act, F6. . .
(c)to attach or not to attach limitations under section 81A [F7or 81AA]of this Act,]
[F8(d)to refuse to declare the provisional grant of a special hours certificate final, or
(e)to refuse to give consent, on the application of the person who applied for the certificate, to any modification of the deposited plans.]
may appeal to the Crown Court against that decision.
[F9(2)Only the chief officer of police may appeal against a decision not to revoke a certificate as mentioned in paragraph (aa) of subsection (1) of this section or not to attach a limitation under section 81A(3) of this Act; and a person may appeal against a decision not to attach a limitation under section 81A(2) [F7or 81AA]of this Act only if he has appeared before the licensing justices or magistrates’ court and made representations that the limitation be attached.]
[F10(2A)Subsection (2C) applies where the condition in subsection (2B) is satisfied and the effect of the Crown Court allowing or dismissing an appeal under this section is that—
(a)a special hours certificate which extends to Sundays is granted,
(b)a special hours certificate which extends to Sundays is varied so as to relax a limitation in respect of Sundays, or
(c)a special hours certificate not extending to Sundays is varied so as to extend to Sundays.
(2B)The condition referred to in subsection (2A) is that a relevant local authority made to the licensing justices or, as the case may be, the magistrates’ court an objection to the grant or variation of the certificate on grounds based on the residential character of the area in which the premises to which the certificate relates are situated.
(2C)Where this subsection applies, the Crown Court shall state the reasons for their decision.]
(3)A person other than the appellant shall be a party to an appeal under this section if, and only if, he has appeared before the licensing justices or magistrates’ court and made representations on the application to which the decision appealed against relates.
(4)Licensing justices shall have the same power to make an order for the payment of costs on the abandonment of an appeal under this section as a magistrates’ court has by virtue of [F11section 109 of the M1Magistrates’ Courts Act 1980] on the abandonment of an appeal to which that section relates.]
[F12(5)In this section “relevant local authority" has the same meaning as in section 71(5) of this Act.]
Textual Amendments
F2S. 81B(1)(a) inserted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(5)
F3Words in s. 81B(1)(a) substituted (1.5.1996) by S.I. 1996/977, art. 5(5)(a)
F4S. 81B(1) para. (a) renumbered as para. (aa) as provided by Licensing Act 1988 (c. 17, SIF 68A:1), s. 5(5)
F5S. 81B(1)(b)(c) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 9(b)
F6Word in s. 81B(1)(b) repealed (1.5.1996) by S.I. 1996/977, art. 5(5)(b)
F7Words in s. 81B(1)(c)(2) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 11(2)(3)
F8S. 81B(1)(d)(e) inserted (1.5.1996) by S.I. 1996/977, art. 5(5)(c)
F9S. 81B(2) substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 9(b)
F10S. 81B(2A)-(2C) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 11(4)
F11Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5
F12S. 81B(5) inserted (19.3.2001) by S.I. 2001/920, art. 2, Sch. para. 11(5)
Marginal Citations
M11980 c. 43(82)
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