Sales of alcohol had taken place at a bar within the meaning of section 76(5).
Held: Widgery LCJ said: ‘I think it must be remembered that the consumption of liquor in the special hours period, for want of a better phrase, is liquor which is to be ancillary to dancing, music, refreshment or all of those things. It is an ancillary service, and one has to regard Parliament I think as expecting that the provision of liquor shall be suitable for service as an ancillary and no more. It is I think a matter of common sense and general experience that anybody who is taking advantage of section 77 facilities, who goes for music, dancing and refreshment, with liquor incidental, can perfectly well be served in his requirements without there being a bar counter at all. If he is having dinner or pretty substantial refreshment, what more simple than that his drink be brought to his table with his meal. If he is dancing, what more simple than that his drink be brought to the table at which he sits out when not dancing. If, as may well happen, he is contemplating all those pleasures, again he has, as it were, a base or table to which his drinks can be bought, and the facility of what may be properly called a cocktail bar or a bar counter of the kind which I have described is not a necessary feature of providing the service for which there is a special hours certificate. On the other hand, it must be plain to anyone that the presence of a bar counter with someone serving behind it, and stools and service, is likely to attract into the premises people who come to drink only. . . ‘
Widgery LCJ
[1975] 1 WLR 665
Licensing Act 1964 76(5)
England and Wales
Cited by:
Appeal from – Carter v Bradbeer HL 1975
The House considered the definition of a ‘bar’ and the area to which a special hours certificate applied.
Held: The appellant’s conviction for selling intoxicating liquor after prescribed hours was upheld as the sale took place in an area not . .
Cited – Luminar Leisure Ltd v Norwich Crown Court Admn 3-Oct-2003
The claimant challenged a grant on appeal of a Supper Hours Certificate. It had been refused initially on the ground that in reality it was sought merely to secure extended licensing hours.
Held: The purpose of the licensee must be that the . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 23 December 2021; Ref: scu.186578
