Deregulation (Special Hours Certificates) Order 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/977 |
1996 No. 977
DEREGULATION
The Deregulation (Special Hours Certificates) Order 1996
Made 25th March 1996
Coming into force in accordance with article 1
Whereas—
(a) the Secretary of State is of opinion that certain provisions of the Licensing Act 19641impose burdens affecting persons in 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 organisation as appear to him 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 19942and 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 (Special Hours Certificates) Order 1996.
(2) This article and article 2 below shall come into force on the day after the day on which the Order is made; the remaining provisions of the Order shall come into force on 1st May 1996.
(3) This Order does not extend to Scotland or Northern Ireland.
Special Hours Certificates and Summer Time
2.—(1) Section 76 of the Licensing Act 1964 (permitted hours where special hours certificate in force) shall be amended as follows.
(2) After subsection (2) there shall be inserted—
S-2A “2A In relation to the morning on which summer time begins, subsection (2) of this section shall have effect—
(a) with the substitution of references to three o'clock in the morning for references to two o'clock in the morning; and
(b) where the permitted hours in any premises or part of premises extend to a time between one o'clock and two o'clock in the morning by virtue of a limitation in the special hours certificate imposed pursuant to section 78A or 81A of this Act, as if the permitted hours extended to one hour after that specified in the certificate.”.
(3) In subsection (3) (which modifies subsection (2) in relation to premises in London outside the City)—
(a)
(a) after “effect” there shall be inserted—
“(a)
“(a) except in relation to the morning on which summer time begins,”and
(b)
(b) at the end there shall be inserted
“, and
(b)
(b) in relation to that morning, with the substitution of references to four o'clock in the morning for the references to two o'clock in the morning.”.
(4) At the end there shall be inserted—
S-8 “8 In this section, references to summer time are to the period of summer time for the purposes of the1Summer Time Act 1972.”
3. After section 77 of the Licensing Act 1964 there shall be inserted—
S-77A “Provisional grant of special hours certificates by licensing justices
77A.—(1) Where, on an application made by a person interested in any premises of in respect of which a grant or provisional grant of a justices' licence has been made and which are to be, or are in the course of being, constructed, altered or extended, the licensing justices are satisfied—
(a)
(a) that a music and dancing licence is in force for the premises, and
(b)
(b) that the whole or any part of the premises is intended to be used, and, if completed in accordance with plans deposited with the licensing justices, will be structurally adapted, for the purpose of providing for persons resorting to the premises, music and dancing and substantial refreshment to which the sale of intoxicating liquor is ancillary,
the licensing justices may make a provisional grant, with or without limitations, of a special hours certificate for the premises or, if they are satisfied that part only of the premises is intended to be used or will be adapted as mentioned in paragraph (b) of this subsection, for that part.
(2) Where a special hours certificate has been granted under subsection (1) of this section, the licensing justices may, on application by the person who applied for the certificate, consent to any modification of the deposited plans if, in their opinion, the premises to which the certificate relates will, if completed in accordance with the modified plans, be structurally adapted for the purpose mentioned in paragraph (b) of that subsection.
(3) Where a special hours certificate has been granted under subsection (1) of this section, the...
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