The Deregulation (Sunday Licensing) Order 2001

9.  At the end of section 81A (special hours certificates: further powers to impose limitations as to hours)(1) of the 1964 Act insert:

“(5) Not less than twenty-one days before making an application under subsection (4) to licensing justices to vary a limitation under this section so as to affect the operation of a special hours certificate in relation to Sundays, the person making the application shall give notice to the relevant local authority.

(6) In considering under subsection (2) or (3) whether to attach any limitation authorised by subsection (1) or, under those subsections or subsection (4), whether to vary any limitation to which a special hours certificate is subject, the licensing justices or, as the case may be, the magistrates' court shall consider the exercise of the power to limit the certificate—

(a)to days not including Sundays, or

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

(7) In discharging their function under subsection (6), 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.

(8) Where the licensing justices or, as the case may be, the magistrates' court vary a limitation so as to affect the operation of a special hours 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.

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