OpenLegislation

Article 2

Original text. Later amendments are not shown.

In this Scheme—

  • “the Act” means the Licensing (Alcohol Education and Research) Act 1981;

  • “associated company” has the same meaning as in section 302 of the Income and Corporation Taxes Act 1970;

  • “compensation authority”, “compensation fund”, “justices' on-licence”, “old on-licence” and “Part IV licence” have the same meaning as in the Licensing Act 1964;

  • “the liquidator” means the liquidator appointed under section 2 of the Act;

  • “qualifying area” means the area of a compensation authority which on 31st December 1973 corresponded to the area of a compensation authority—

    1. (a)

      which in the period of 25 years ending with 31st December 1973 imposed at least on charge under section 17 of the Licensing Act 1964 or (as the case may be) section 18 of the Licensing Act 1953 or section 21 of the Licensing (Consolidation) Act 1910, and

    2. (b)

      the balance of whose compensation fund on 31st December 1973 (as shown by the returns made pursuant to section 16(2) of the Licensing Act 1964) amounted to not less than £67 for each justices' on-licence (other than a Part IV licence) in force in the area on 30th June 1973 (as shown in the Home Office Liquor Licensing Statistics for 1973);

  • “qualifying interest” means an interest in qualifying premises which was—

    1. (a)

      a freehold interest which on 1st October 1981 was not encumbered with any leasehold interest the unexpired term of which exceeded 60 years, or in respect of which no rent of monetary value was payable, or

    2. (b)

      a leasehold interest in respect of which no rent of monetary value was payable, or

    3. (c)

      a leasehold interest which on 1st October 1981 had an unexpired term of more than one year;

  • “qualifying period” means the period beginning with 31st December 1973 and ending with 1st October 1981;

  • “qualifying premises” means premises in a qualifying area in respect of which an old on-licence was in force throughout the qualifying period.