by David Clifton and Suzanne Davies, members of thePublican.com's legal team from solicitors Joelson Wilson
Deregulation (Sunday Dancing) Order 2000 (came into force 28 December 2000)
Under the Sunday Observance Act 1780, it was illegal to hold public dance events on a Sunday where a charge was made for entry, which included any such events organised by charities and non-profit making bodies.
This Order, made under section 1 of the Deregulation and Contracting Out Act 1994, removes this prohibition by amending the 1780 Act. It is now legal to charge for entry to all public dance events on Sundays.
Deregulation (Sunday Licensing) Order 2001 (came into force 19 March 2001)
This Order was also made under section 1 of the Deregulation and Contracting Out Act 1994. It is aimed to reduce burdens on businesses by permitting special hours certificates and extended hours orders to be granted on Sundays.
Insofar as special hours certificates are concerned, this allows premises licensed to provide music and dancing (or casino gaming facilities) and substantial refreshment, to which the sale of intoxicating liquor is ancillary, to apply for such a certificate on all days of the week. However, the extended hours on Sundays can only be granted until 12.30am on the morning following or 2.00am (3.00am in specified areas of central London) if the Monday is a Bank Holiday (except Easter Monday).
The Order requires licensing justices (or the magistrates as the case may be) to take account of guidance issued by the Secretary of State on the subject of the "special nature of Sundays". That guidance advises that they should bear in mind:
- The nature of the area, including in particular the relative proportions of residential and commercial property and the extent of other leisure activities there at the times concerned,
- The position of those living in the area who would prefer a relatively quiet Sunday evening as part of their preparations for work or study the following day, and who would not want to visit those premises or to be disturbed by those who do, and
- The position of those living in the area for whom dancing on Sundays would provide a valuable enlargement of leisure opportunities which might not in practice be readily available to them at other times.
The Order also requires licensing justices to give reasons for their decisions if it involves a rejection of the local authority's views as to the character of the area in which the relevant premises is situated. Similarly on an appeal, the Crown Court is required to give reasons for departing from the view of the local authority.
It also allows local residents to apply to the licensing justices to limit or revoke any extensions granted on Sundays on the grounds of disturbance or annoyance.
Licensing (Special Hours Certificates) Rules 2001 (came into force 19 March 2001)
This statutory instrument accompanied the Deregulation (Sunday Licensing) Order 2001. It makes consequential changes to the procedural rules relating to special hours certificates.
How can I find out more?
Ask us. We are regarded as one of the UK's leading firm of lawyers in licensing law. For information/advice on gaming, betting, liquor or entertainment licensing matters, lotteries or internet gaming, please contact:
David Clifton, Suzanne Davies or Suzanne JamesJoelson Wilson & Co, Solicitors70 New Cavendish Street, London W1G 8ATTelephone: 020 7580 5721Fax: 020 7436 0477e-mail: drgc@joelson-wilson.co.uk or scd@joelson-wilson.co.uk Web: www.joelson-wilson.co.uk
We have acted for nightclubs and casinos around the country extending their permitted hours on Sundays, sometimes in the face of opposition from local residents or the police. We know what attitudes are adopted by different councils and licensing benches nationwide. We can tell you what chance you have of extending your hours.