The case concerned a night club. The principal question was whether it was necessary, for a special Hours Certificate (SHC) to be granted, for music and dancing and substantial refreshment to be provided at the same time throughout the permitted licensing hours of an SHC day.
Held: There is no requirement when granting an SHC, that the magistrates need satisfy themselves that the music and dancing would either be continuous throughout the period of the licence or at regular times on each day for which the licences were applied for. The requirement related to the use of the premises by the licensee, not by his customers. ‘ . . . in circumstances in which the justices find that the purpose for which an applicant for an SHC intends persons to resort to the premises is to take advantage of the catering and entertainment facilities to which the sale of liquor is ancillary, music and dancing and substantial refreshment do not have to be provided at the same time throughout the permitted licensing hours of the SHC.’
Citations:
Times 03-Aug-2000, [2001] 1 AllER 660, [2001] 1 WLR 1196
Statutes:
Citing:
Applied – Regina v Stafford Crown Court ex parte Shipley CA 12-Dec-1997
The issue of a special hours certificate overrode the normal license during the entire period of the special hours granted; The Justices might also state the starting time for the special hours certificate. ‘at all times when the special hours . .
Cited by:
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 . .
Cited – Norwich Crown Court and others v Luminar Leisure CA 7-Apr-2004
Objections were raised to the grant of a special hours licence.
Held: The premises had been adapted to provide for music and dancing and for eating. Four principles were identified: The intended use is that of the licensee, not his customers; . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 09 April 2022; Ref: scu.84358
