Home Counties (Music and Dancing) Licensing Act 1926

JurisdictionUK Non-devolved
Citation1926 c. 31

Home Counties (Music and Dancing) Licensing Act, 1926

(16 & 17 Geo. 5.) CHAPTER 31.

An Act to amend the law as regards music and dancing licences in parts of certain Home Counties and in certain county boroughs adjacent thereto.

[4th August 1926]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Short title, application and commencement.

1 Short title, application and commencement.

1. This Act may be cited as theHome Counties (Music and Dancing) Licensing Act, 1926, and shall apply within the areas set out in the First Schedule to this Act (in this Act referred to as the ‘scheduled areas’), and shall come into operation on the first day of January, one thousand nine hundred and twenty-eight.

S-2 Definition.

2 Definition.

2. For the purposes of this Act, the expressions ‘county’ and ‘county borough’ mean respectively the administrative county or county borough in which the premises requiring a licence are situate, and the expression ‘council’ means the council of such county or county borough, and the expression ‘licence’ means a licence granted under this Act, and the expression ‘licensed’ shall be construed accordingly.

S-3 Grant and conditions of licences.

3 Grant and conditions of licences.

(1) After the commencement of this Act, a place within the scheduled areas shall not be kept for the purposes of public dancing, singing, music, or any other public entertainment of the like kind (in this Act referred to as ‘entertainment purposes’) without a licence.

(2) The council may grant licences for any period, not exceeding thirteen months, to such persons as they think fit to keep or use places for entertainment purposes on such terms and conditions and subject to such restrictions as they think fit.

(3) The council may, if they think fit, make regulations prescribing generally the terms, conditions and restrictions on and subject to which licences are to be granted, and, where any such regulations are in force, every licence shall (without prejudice to the power of the council to grant a licence on and subject to any special terms, conditions or restrictions) be deemed to be granted subject to the regulations.

Prim facie evidence of any regulations so made may be given in any legal proceedings by the production of a copy purporting to be certified to be a true copy by the clerk or some other officer of the council authorised to give a certificate for the purposes of this provision, and no proof shall be required of the handwriting or official position or authority of any person giving such a certificate.

(4) The council may transfer any licence to any person whom they think fit.

(5) There shall on the grant of a licence be paid by the person applying therefor such fee, not exceeding twenty shillings, or in the case of a licence granted for the sole purpose of a charitable entertainment not exceeding five shillings, as the council may determine, and on the transfer of a licence such fee, not exceeding five shillings, as the council may determine.

(6) Save as hereinafter provided, no licence or transfer shall be granted unless the applicant has given twenty-one days' notice to the clerk of the council and to the superintendent of police, or to the chief constable of the borough, as the case may be, in which the place is situated of his intention to apply for the licence or transfer, and has for twenty-one days kept a copy of the notice posted in a conspicuous position on the exterior of the place to which the application relates, and on the consideration of the application by the council the police and any person living in the neighbourhood of the place whom the council deem to be concerned shall be entitled to be heard:

Provided that—

(a ) the provisions of this subsection as to notice shall not apply in the case of an application by any person...

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