The Deregulation (Sunday Licensing) Order 2001

7.  At the end of section 78A (limitations on special hours certificates)(1) of the 1964 Act insert:

“(5) Subsections (6) to (9) apply to an application to the licensing justices or, as the case may be, the magistrates' court for the grant of a special hours certificate which extends to Sundays or for the variation of a limitation so as to affect the operation of a special hours certificate in relation to Sundays.

(6) Not less than twenty-one days before making such an application to licensing justices, a person shall give notice to the relevant local authority.

(7) In considering whether to grant or vary a certificate in the manner described in subsection (5), the licensing justices or, as the case may be, the magistrates' court shall (without prejudice to other functions in relation to the grant or variation) consider the exercise of the power to limit the certificate—

(a)to days not including Sunday, or

(b)to different times of the day on Sundays and on other days.

(8) In discharging their function under subsection (7), the licensing justices or, as the case may be, the magistrates' court shall take account of—

(a)the special nature of Sunday, and

(b)any guidance on that special nature issued by the Secretary of State.

(9) Where the licensing justices or, as the case may be, the magistrates' court grant a special hours certificate which extends to Sundays or vary a limitation so as to affect the operation of such a certificate in relation to Sundays in spite of an objection from a relevant local authority which is based on the residential character of the area in which the premises are situated, they shall state their reasons for doing so.

(10) In this section “relevant local authority” has the same meaning as in section 71(5) of this Act.”.