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 certificate is in operation, the licensee cannot rely on a combination of his on-licence and section 60 to make any non-ancillary sale of liquor compliant with the law.’ and ‘During whatever hours of trading are permitted by the special hours certificate the drinking must ‘on the whole’ be ancillary to the provision of food and/or entertainment; a special hours certificate should not be granted to an ordinary public house so as to turn it into a ‘late night pub.”
Judges:
Henry LJ, Simon Brown LJ
Citations:
Times 29-Dec-1997, Gazette 14-Jan-1998, [1998] 1 WLR 1439, [1997] EWCA Civ 2978, [1998] 2 All ER 465
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Stafford Crown Court ex parte Shipley Admn 16-Dec-1996
. .
Cited by:
Applied – Northern Leisure Plc v Schofield and Baxter QBD 3-Aug-2000
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 . .
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: 13 November 2022; Ref: scu.143377