ANNEX 1 - MANDATORY CONDITIONS
s.59, 60, 63, 67A, 68, 70, 74, 76, 78, 78A, 80, 81A, 81AA LA 1964
Club premises
Permitted hours
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
a. On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 11 a.m. to 11 p.m.
b. On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30 p.m.
c. On Good Friday, 12 noon to 10.30 p.m.
d. On New Year’s Eve, except on a Sunday, 11 a.m. to 11 p.m.
e. On New Year’s Eve on a Sunday, 12 noon to 10.30 p.m.
g. On New Year’s Eve from the end of permitted hours to the start of permitted hours on the following day, which would be 11.00 a.m. if New Year’s Day fell on a weekday or 12 noon if a Sunday.
f. On Christmas day, as provided by the rules of the club and notified in writing by the chairman or secretary of the club to the licensing authority. The said hours shall:
i. not exceed six and a half hours;
ii. not begin earlier than 12 noon;
iii. not end later than 10.30 p.m.
iv. provide for a break of at least 2 hours, including 3 p.m. to 5 p.m.;
v. not extend for more than three and a half hours after 5 p.m.
The above restrictions do not prohibit the supply to, or consumption by, any person of alcohol in any premises where they are residing.
Notes
1. Section 60(4) of the 1964 Act permits licensing justices to modify permitted hours within particular districts. Where hours have been so modified in any particular district, those hours should take precedence.
2. Where the permitted hours are restricted by condition, the permitted hours are varied accordingly: s. 60(7) LA 1964. The permitted hours as varied by condition should be carried into the new licence or certificate.
3. Where a restriction order is in place under s. 67A, the restricted hours would take precedence.
4. Where a supper hours certificate is in place under s. 68, add (depending on whether one or both of the extensions in square brackets have been granted):
Alcohol may be sold or supplied [for one hour following the hours set out above] [and on Christmas day, between 3 p.m. and 7 p.m.] to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.
5. Where an extended hours order is in place under s. 70, add the following condition:
Alcohol may be sold or supplied until 1 a.m. in the morning following weekdays and 12.30 a.m. in the morning following Sundays to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by that person in that part of the premises as an ancillary to his meal. The alcohol must be sold or supplied at a time before a) the provision of entertainment by persons present and performing or b) the provision of substantial refreshment, has ended. For other purposes or in other parts of the premises the hours set out above shall continue to apply. This condition does not authorise any sale or supply to any person admitted to the premises either after midnight or less than half an hour before the entertainment is due to end, except in accordance with [the supper hours] condition number xyz above.
6. Where there is a general order of exemption granted by justices under s. 74 LA 1964, the permitted hours should be varied accordingly.
7. Where a special hours certificate is in force on all or certain days, replace the permitted hours condition for those days with the following:
(1) Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o’clock in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that-
(a) the permitted hours shall end at midnight . . . on any day on which music and dancing is not provided after midnight; and
(b) on any day that music and dancing end between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing end.
(2) In relation to the morning on which summer time begins, paragraph (1) of this condition 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 [or one hour following the hour actually specified in the certificate where the certificate currently requires closure between 1 a.m. and 2 a.m.]
(3) Except on Sundays immediately before bank holidays, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that-
(a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;
(b) where music and dancing end between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end.
(4) On Sundays immediately before bank holidays, the permitted hours shall extend until 2 a.m. in the morning following, except that-
(a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;
(b) where music and dancing end between midnight on any Sunday and 2 a.m., the permitted hours on that Sunday shall end when the music and dancing end.
(5) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
8. S62 of the 1964 Act requires that the notification in writing in respect of Christmas Day hours (see f.) should go to the chief executive to the justices. Within the context of the 2003 Act this would make no sense, and accordingly it is reasonable to assume that such notifications in writing should be given to the licensing authority.
9. The permitted hours exceptions in section 63(2)(b), (c) and (d) are not included because the activities they describe are not qualifying club activities.