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Special Hours Certificates

Special Hours Certificates may be applied for in respect of licensed premises. If granted it allows the licensed premises to remain open beyond permitted hours; no later 1 am. They may be granted in respect of a premises which has music and dancing that goes beyond the normal permitted hours.

Sections 44 to 47A of the Licensing Ordinance set out the process for applying as well the circumstances under which Justices' may grant special hours.

Section 44 states:

(1) This section applies to licensed premises, or any part of such premises, during the time that there is in force for the premises a special hours certificate granted under the following provisions of this Part.

(2) Subject to the following provisions of this section, the permitted hours on weekdays in any premises or part of premises to which this section applies shall extend to one in the morning following, except that-

(a) the permitted hours shall end at the time at which music and dancing end on any day on which music and dancing end earlier than one a.m.;

(b) the permitted hours shall not be extended by virtue of this section on any evening when music and dancing is not provided.

(3) Where the permitted hours are fixed by this section, section 43(1) shall apply to the consumption of liquor on the premises as if in paragraph (a) thereof half an hour were substituted for twenty minutes and paragraph (b) thereof were omitted.

(4) Where a special hours certificate for any premises or part of premises is limited to particular days in every week, this section does not affect the permitted hours in the premises on days on which the certificate does not apply.

Section 45 states:

(1) If, on an application made to the licensing justices with respect to licensed premises, the justices are satisfied-

(a) that the premises are suitable for music and dancing or for the provision of entertainment by live music; and

(b) that the whole or part of the licensed premises is bona fide used, or intended to be used, for the purpose of providing for persons resorting to the premises music and dancing, or such entertainment to which the sale of intoxicating liquor is ancillary, the licensing justices may grant, with or without limitations, a special hours certificate for the premises or, if they are satisfied that part only of the premises is used or intended to be used as mentioned in paragraph (b) of this section, for that part.

(2) The licensing justices may grant a certificate under subsection (1) limited in any of the following ways:

(a) to particular days of the week;

(b) to particular periods of the year;

(c) so as to exclude any particular day or days of religious or national significance.

(3) Where a special hours certificate is subject to limitations under this section, the licensing justices may on the application of the licensee vary any limitation to which it is so subject.

(3A) Notwithstanding section 44(2) there shall be no extension of permitted hours by virtue of a special hours certificate upon any premises-

(a) on any night unless not less than seven days before that night notice in writing has been given to the chief police officer of the intention to provide music and dancing or entertainment on that night;

(b) on more than two occasions in addition to any public holiday and the morning following it falling within any continuous period of seven days.

(4) For the purposes of this Part, music is not provided for persons resorting to the premises or part of the premises in question by reproducing music which has been recorded (to which persons resorting to the premises may sing) but nothing in this subsection prevents the grant of a special hours certificate in respect of the provision of recorded music for dancing if the premises are structurally and otherwise suitable for dancing and bona fide used or intended to be used for that purpose.

(5) There is payable in relation to the grant of a special hours certificate the fee specified in relation thereto in Schedule 3.

Application for a Special Hours Certificate

Fees:

Upon application - £20

Upon grant - £150