Deregulation (Licence Transfers) Order 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/114 |
| Year | 1998 |
1998No. 114
DEREGULATION
The Deregulation (Licence Transfers) Order 1998
24thJanuary1998
1stFebruary1998
Whereas-
(a) the Secretary of State is of opinion that certain provisions of the Licensing Act 1964 ( a) impose burdens affecting the carrying on of a trade, business, profession or otherwise and that by amending the provisions concerned it is possible to remove or reduce the burdens without removing any necessary protection;(b) the Secretary of State has consulted such organisations as appear to be representative of interests substantially affected by his proposals and such other persons as he considers appropriate;(c) it appears to the Secretary of State that it is appropriate, following that consultation, to proceed with the making of this Order;(d) a document setting out the Secretary of State's proposals has been laid before Parliament in accordance with section 3 of the Deregulation and Contracting Out Act 1994 ( b) and the period for parliamentary consideration under section 4 of that Act has expired;(e) the Secretary of State has had regard to representations made during the period;(f) a draft of this Order has been laid before Parliament with a Statement giving details of such representations and the changes to the Secretary of State's proposals in the light of those representations;(g) a draft of this Order has been approved by resolution of each House of Parliament;Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:
Citation, commencement and extent
1.-(1) This Order may be cited as the Deregulation (Licence Transfers) Order 1998.
(2) This Order shall come into force on 1st February 1998.
(3) This Order does not extend to Scotland or Northern Ireland.
(a) 1964 c.26.
(b) 1994 c.40.
Approval of prospective licensees
2. After section 8 of the Licensing Act 1964 there shall be inserted-
"Approval of prospective licensees. |
"8A.-(1) If, on an application made to licensing justices with respect to any licensed premises, the justices are satisfied that the applicant- (a) is a fit and proper person, and(b) is not disqualified under this or any other Act for holding a justices' licence,the justices may, subject to subsection (3) of this section, approve him as a prospective licensee of the premises. (2) Where the power of licensing justices to transfer a justices' licence for any premises is exercisable by virtue of section 8(1) of this Act, any person who has been approved as a prospective licensee of the premises may, by notice in writing- (a) to the clerk to the licensing justices, and(b) to the chief officer of police,elect that the enactments relating to the sale of intoxicating liquor and to licensed premises shall apply as if the licence were transferred to him immediately after the giving of the notice; and any election so made shall have effect accordingly. (3) Licensing justices shall not approve a person as a prospective licensee... |
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