Licensing Planning (Temporary Provisions) Act 1945
| Jurisdiction | UK Non-devolved |
| Citation | 1945 c. 15 |
| Year | 1945 |
Licensing Planning (Temporary Provisions) Act, 1945
(8 & 9 Geo. 6.) CHAPTER 15.
An Act to make temporary provision as to justices' licences in war-damaged areas and certain areas related to war-damaged areas.
[28th March 1945]
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:—
1 Licensing planning areas.
1. If, with respect to an area consisting of a licensing district the whole or any part of which has sustained extensive war damage, or consisting of two or more contiguous licensing districts the whole or any part of each of which has sustained extensive war damage, the Secretary of State is satisfied that by reason of the occurrence of the damage or the consequences thereof, including redevelopment which has taken place or is likely to take place in the area, it is desirable to bring into operation the provisions of this Act relating to licensing planning areas, he may, after consultation with the licensing justices for the district or districts and any local planning authority having jurisdiction in the area, by order declare that area to be a licensing planning area for the purposes of this Act.
2 Licensing planning committees.
(1) For every licensing planning area there shall be a licensing planning committee consisting of—
(a ) a chairman appointed by the Secretary of State;
(b ) members appointed from amongst their number by licensing justices having jurisdiction in the area;
(c ) members appointed by local planning authorities having jurisdiction in the area.
(2) The members of any such committee appointed under paragraphs (b ) and (c ) of the preceding subsection shall be equal in number, but save as aforesaid the number of members of any such committee shall be determined by the order constituting the area, and, where there is more than one body of licensing justices or more than one local planning authority having jurisdiction in the area, the order shall specify the number of members that are to be appointed by each body of justices or local planning authority.
(3) The appointment of a member of any such committee shall be for such term as may be determined by the Secretary of State at the time of his appointment and shall be subject to such conditions as may be so determined.
(4) In the event of an equality of votes on any question, the chairman shall have a casting vote, but save as aforesaid the chairman shall not have a vote.
(5) The proceedings of any such committee shall not be invalidated by reason of any vacancy therein or of any defect in the appointment of a member thereof.
(6) The clerk of the licensing justices for the licensing district constituting the area, or, where the area includes more than one licensing district, the clerk of the licensing justices for such one of those licensing districts as may be specified in the order, shall, by virtue of his office, be the secretary of the committee, and the committee may pay to him such remuneration as may be approved by the Secretary of State.
(7) The committee, in such circumstances as may be approved by the Secretary of State, may defray expenses incurred in travelling by members or the secretary of the committee.
(8) Any expenses properly incurred by the committee in connection with their business shall be defrayed by the local planning authority having jurisdiction in the area, or, where there are two or more such authorities, by those authorities in such proportions as the Secretary of State may direct.
3 Variation and abolition of licensing planning areas.
(1) The Secretary of State may, on the application of the licensing planning committee for any licensing planning area, and after such consultation with other authorities as he may think desirable, by order include in the area any licensing district (whether contiguous or not) to which, or to any part of which, there has been, or is in his opinion likely to be, a substantial transfer of population, of industry or of other activities from the districts theretofore included in the area.
(2) The Secretary of State may, after consultation with the licensing planning committee for any licensing planning area, by order exclude from the area any licensing district theretofore included therein.
(3) An order under either of the two preceding subsections may make any such variation of any of the provisions of the original order constituting the area as appears to the Secretary of State to be necessary or expedient in consequence of the inclusion or exclusion of the district.
(4) If it appears to the Secretary of State that it is no longer necessary or expedient that an area should be a licensing planning area, he may, after consultation with the licensing planning committee for the area by order revoke the order declaring it to be such an area.
4 General duties of licensing planning committees.
(1) It shall be the duty of every licensing planning committee to review the circumstances of their area and to endeavour to secure, after such consultation and negotiation as they may think desirable and by the exercise of the powers conferred on them by this Act, that the number, nature and distribution of the licensed premises in the area, the accommodation provided thereat and the facilities given thereat for obtaining food, accord with local requirements, regard being had in particular to any redevelopment or proposed redevelopment of the area.
(2) A licensing planning committee shall comply with such general or special directions as may from time to time be given to them by the Secretary of State as to consultation with such authorities or bodies as may be specified in the directions.
5 Submission and approval of proposals by licensing planning committees.
(1) The licensing planning committee for any area may, from time to time,—
(a ) formulate proposals for the removals, hereafter in this Act referred to as ‘planning removals’, that is to say, for the removal, subject to and in accordance with the provisions of this Act relating to removals and subject to such conditions, if any, as may be specified in the proposals, of licences from premises in the area to other specified premises therein or to premises on specified sites therein; and
(b ) formulate, with the agreement thereto of the persons interested in the premises in question, proposals for the surrender, subject to such conditions, if any, as may be specified in the proposals of existing licences in respect of premises in the area,
and shall submit any such proposals to the Minister, together with such plans and other matter explanatory of the nature and effect of the proposals as may be prescribed or as the Minister may, in any particular case, require.
(2) Where a licensing planning committee have so submitted proposals to the Minister, the committee shall publish in the prescribed manner a notice that they have submitted the proposals, naming a place at which copies thereof and of the plans and explanatory matter submitted to the Minister may be seen at all reasonable hours, and stating the time within which and the manner in which objections to the proposals may be made to the Minister.
(3) If no objection to the proposals is made to the Minister within the time and in the manner stated in the notice, or if all objections so made are withdrawn, the Minister may, if he thinks fit, confirm the proposals, either with or without modification, but in any other case he shall before confirming them, afford to any person making an objection an opportunity of appearing before and being heard by a person appointed for the purpose by the Minister or, if it appears to the Minister that the matters to which the objection relates are such as to require investigation by public local inquiry, cause a public local inquiry to be held, and shall consider any objection not withdrawn and the report of the person before whom the objector appeared or of the person holding the inquiry, as the case may be, and may then confirm the proposals, either with or without modification.
(4) Subsections (2) to (5) of section two hundred and ninety of the Local Government Act, 1933 (which relate to the summoning of witnesses, the production of documents and costs in the case of local inquiries held under that section), it shall apply to an inquiry held under this section as they apply to inquiries held under that section but with the substitution for references therein to a department of references to the Minister.
6 Removals in licensing planning areas.
(1) No ordinary or special removal of any licence shall be authorised to any premises in a licensing planning area.
(2) Where proposals of a licensing planning committee, as confirmed under this Act by...
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