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Justices' Off-Licence

Justices' Off-Licence is defined in the Licensing Ordinance 1994 as "authorizing sale for consumption off those premises only" (Section 3(2)(b)). This means that if an application for a Justices' Off-Licence is granted it would allow the licence holder to sell alcohol to be taken away from the premises and consumed, provided it is sold during the hours permitted by the Ordinance.

How to Apply

Schedule 2 of the Licensing Ordinance sets out the procedure for applying for a Justices' Off-Licence.

Schedule 2

1. A person proposing to apply for the grant of a new justices' licence ... shall first apply in writing to the clerk to the Summary Court to nominate a date not less than four weeks and not more than five weeks from the date of the notification pursuant to paragraph 2 of this Schedule ("the nominated date") on which the application, if the notice is given in accordance with the following paragraphs of this Schedule, will be considered.

2. The clerk to the Summary Court on receiving an application to nominate a date made pursuant to paragraph 1 shall within three days from the receipt of the application notify the applicant in writing of the nominated date.

3. The applicant shall then-

(a) not less than twenty-one days before the nominated date give notice in writing of the application to the clerk to the Summary Court, the chief police officer and to the Government Secretary and, if the application is an application for the grant of a new licence, also to the chief fire officer;

(c) except where the application is for a transfer-

(i) display notice of the application for a period of seven days in a place where it can conveniently be read by the public on or near the premises to be licensed (or, in the case of an application for a provisional grant, on or near the proposed site of those premises);

(ii) not more than twenty-eight days nor less than fourteen days before the nominated date, advertise notice of the application in a newspaper circulating in the Falkland Islands.

4. Where the application is an application for a new justices' licence or, except where the application is made pursuant to section 8(5), for the provisional grant of a new justices' licence, with the notices of the application sent under paragraph 2 the applicant shall supply a copy of a plan of the premises to be licensed.

5. A notice under this Schedule-

(a) shall be signed by the applicant or his authorized agent;

(b) shall state the name and address of the applicant;

(c) shall state the situation of the premises to be licensed;

(d) in the case of a new licence, shall state the kind of licence for which application is to be made;

(e) shall state the date on which it is intended the application shall be dealt with by the licensing justices in the Summary Court (which date shall be the nominated date);

(f) shall state that any person intending to oppose the application should give notice of his intended opposition to the applicant and to the clerk to the licensing justices not later than three clear days before the date notified under sub-paragraph (e).

6. Where an applicant for a new justices' licence has, through inadvertence or misadventure, failed to comply with the preceding paragraphs of this Schedule, the licensing justices may, upon such terms as they think fit, postpone consideration of his application; and, if on the postponed consideration they are satisfied that any terms so imposed have been complied with, they may deal with the application as if the applicant had complied with those requirements.

Application for a Justices' Off-Licence

Fees:

On application - £100

Upon grant - £235

Upon annual renewal - £235