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Part V Licences

Part V Licences are outlined in Part V of the Licensing Ordinance. There are three different types of Part V Licence which can be applied for. If you are unsure as to which licence you require please contact a Legal Practitioner for advice. The Courts can only process your application and cannot advise as to the type of licence required in individual circumstances.

Section 52(2) of the Ordinance sets out the definition of the Part V licence as being "a restaurant licence, a residential licence or a residential and restaurant licence, according as it falls within section 53(1), (2) or (3)."

Residential and Restaurant Licence - Section 53

(3) In this Ordinance, "residential and restaurant licence" means a Part V licence which-

(a) is granted for premises falling within both subsection (1)(a) and subsection (2)(a); and

(b) is subject to the condition that intoxicating liquor shall not be sold or supplied otherwise than as permitted by the conditions of a restaurant licence or by those of a residential licence.

Restaurant Licence - Section 53

(1) In this Ordinance, "restaurant licence" means a Part V licence which-

(a) is granted for premises structurally adapted and bona fide used, or intended to be used, for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises; and

(b) is subject to the condition that intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal.

Residential Licence - Section 53

(2) In this Ordinance, "residential licence" means a Part V licence which-

(a) is granted for premises bona fide used or intended to be used for the purpose of habitually providing for reward board and lodging, including breakfast and at least one other of the customary main meals;

(b) is subject to the condition that intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.

How to Apply

Schedule 2 of the Licensing Ordinance sets out the procedure for applying for a Part V 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 Part V Licence

Fees:

£100 to apply

£235 upon grant of licence

£235 upon grant of annual renewal