Licence - Definition - Law Dictionary Home Dictionary Definition licence

Definition :

Licence [fr. licentia, Lat.], a permission given by one man to another to do some act which without such permission it would be unlawful for him to do. It is a personal right, and is not transferable, but dies with the man to whom it is given. It can as a rule be revoked by the licensor unless the licensee has paid money for it (Odgers on the Common Law, pp. 25, 574). As to the nature and effect of the licence granted to the purchaser of a ticket for a theatre or other similar entertainment, see Hurst v. Picture Theatres, (1915) 1 KB 1, and the authorities there referred to, and Allen & Sons v. King, (1916) 2 AC 54. It may be either written or verbal; when written, the paper containing the authority is often called a licence. A licence amounting to or coupled with an interest in an incorporeal hereditament must be under seal [see Wood v. Leadbitter, (1845) 13 M&W 838], or it may be revocable, but see Lowe v. Adams, (1901) 1 Ch 598.

A licence is necessary before doing many acts, as to marry without publication of banns, or to carry on various trades, as that of an auctioneer, hawker, or pedlar.

As to licences for the sale of intoxicating liquors by retail, see INTOXICATING LIQUORS.

As to marriage licence, see MARRIAGE.

As to motor driving licence, see MOTOR CAR, and the (English) Road Traffic Acts, 1930 to 1934.

As to music and dancing licences, see MUSIC AND DANCING.

As to driving licence, it means the licence issued by a competent authority authorising the person specified therein to drive, otherwise than as a learner, a Motor Vehicle or a motor vehicle of any specified class or description (Motor Vehicles Act, 1988, s. 2(10)

A landlord cannot exact a 'fine or sum of money in the nature of a fine' from his tenant as a condition of granting him a licence to assign or underlet [see (English) Law of Property Act, 1925], s. 144, and by the Landlord and Tenant Act, 1927, s. 19, covenants not to assign or underlet without licence or consent have become subject to the provisoes (a) that the licence or consent is not to be unreasonably withheld, and (b) that if a lease is for more than forty years and is made for building, improvement, or alteration of buildings, with the exception of some public or similar buildings, no licence or consent is required for an assignment or under letting effected more than seven years before the end of the term, provided that notice in writing of the transaction is given to the lessor within six months after the transaction is effected: see (English) Law of Property Act, 1925, replacing (English) Conveyancing Act, 1892 (55 & 56 Vict. c. 13), s. 3; Jenkins v. Price, (1907) 2 Ch 229; (1908) 1 Ch 10; Andrew v. Bridgman, (1907) 2 KB 494.

It means a licence granted under sub-s. (5) of s. 7. [The Private Security Agencies (Regulation) Act, 2005, s. 2(c)]

It would mean 'sanction' as well, Graphite India Ltd. v. Durgapur Projects Ltd., (1999) 7 SCC 645.