The Deregulation (Occasional Permissions) Order 1997

• Citation: S.I. 1997/1133
• Sections: 6

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Deregulation (Occasional Permissions) Order 1997.

(2) This Order shall come into force on the day after the day on which it is made.

(3) This Order does not extend to Scotland or Northern Ireland.

Section 2 Amendments of the Licensing (Occasional Permissions) Act 1983

(1) The Licensing (Occasional Permissions) Act 1983 shall be amended as set out in articles 3 to 6 below.

Section 3 Removal of requirements relating to applicant for occasional permission

(1) In section 1 (grant of occasional permissions)—

(a) in subsection (1) (which provides for the grant of a permission to an officer of an organisation), for “an officer” there shall be substituted “a member”, and

(b) in subsection (2) (which requires the officer to be resident in the licensing district)—

(i) in paragraph (a), for “officer” there shall be substituted “member” and the words “and is resident in their licensing district” shall be omitted, and

(ii) in paragraph (b), for “that district” there shall be substituted “their licensing district”.

(2) In section 2 (which contains requirements relating to applications for occasional permissions)—

(a) in subsection (1), in paragraph (c)—

(i) at the beginning there shall be inserted “where the applicant is an officer in the organisation or branch holding the function,”, and

(ii) for “the applicant’s office in the organisation or branch holding the function” there shall be substituted “his office”, and

(b) after that subsection there shall be inserted—

(1A) Where an application for an occasional permission is made by a person who is not an officer in the organisation or branch holding the function in respect of which the application is made, the application shall contain a signed statement by an officer of the organisation or branch—

(a) confirming that the application is made with its approval, and

(b) indicating the nature of his office.

Section 4 Increase in number of occasional permissions which may be granted in twelve month period

In section 1(4) (which limits the number of occasional permissions granted to four in a twelve month period), for “four” there shall be substituted “twelve”.

Section 5 Change in time limits for making application for occasional permission

In section 2(2) (which requires an application for an occasional permission to be made at least one month before the function to which it relates), for “one-month” there shall be substituted “twenty-one days”.

Section 6 Obligation for licensing justices to give reasons for requiring attendance of applicant at hearing

(1) After section 2(6) there shall be inserted—

(6A) Where, under subsection (6) above, the licensing justices require the attendance in person of an applicant who was granted an occasional permission in their licensing district in the twelve months preceding the receipt by them of the application under consideration, they shall inform the applicant in writing of their reasons for doing so.

(2) This article applies in relation to any application for an occasional permission which is made on or after this Order comes into force.