The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985

EnforcementN.I.

10.—(1) If—N.I.

(a)any entertainment to which paragraph 1 applies is provided at any place to which that paragraph applies in respect of which an entertainments licence is not in force; or

(b)any entertainment to which paragraph 2 applies is provided at any place in respect of which an entertainments licence is not in force,

then, subject to sub-paragraph (3)—

(a)any person concerned in the organisation or management of that entertainment; and

(b)any other person who, knowing or having reasonable cause to suspect that such an entertainment would be so provided at the place,—

(i)allowed the place to be used for the provision of that entertainment; or

(ii)let the place, or otherwise made it available, to any person by whom an offence in connection with that use of the place has been committed,

shall be guilty of an offenceF1. . . .

(2) If any place in respect of which an entertainments licence is in force is used for any entertainment otherwise than in accordance with the terms, conditions or restrictions on or subject to which the licence is held, then, subject to sub-paragraphs (3) and (4)—

(a)the holder of the licence; and

(b)any other person who, knowing or having reasonable cause to suspect that the place would be so used,—

(i)allowed the place to be so used; or

(ii)let the place, or otherwise made it available, to any person by whom an offence in connection with that use of the place has been committed,

shall be guilty of an offenceF1. . . .

[F1(2A) Any person guilty of an offence under sub-paragraph (1) or (2) shall be liable on summary conviction—

(a)in the case of an offence to which sub-paragraph (2B) applies, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 6 months or to both;

(b)in any other case, to a fine not exceeding level 5 on the standard scale.

(2B) This sub-paragraph applies to—

(a)any offence under sub-paragraph (1) where the entertainment provided is—

(i)entertainment referred to in sub-paragraph (2)(b) of paragraph 1 and to which that paragraph applies; or

(ii)entertainment to which paragraph 2 applies; and

(b)any offence under sub-paragraph (2) where the entertainment for which the place is used is—

(i)entertainment referred to in sub-paragraph (2)(b) of paragraph 1 and to which that paragraph applies; or

(ii)entertainment to which paragraph 2 applies,

and the terms, conditions or restrictions which are contravened or not complied with include one which imposes a limit on the number of persons who may be present at the entertainment.]

(3) It shall be a defence for a person charged with an offence under this paragraph to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(4) Where premises—

(a)are licensed premises under the[F2 Licensing (Northern Ireland) Order 1996] or the premises of a club registered under the[F3 Registration of Clubs (Northern Ireland) Order 1987]; and

(b)form all or part of a place in respect of which an entertainments licence is for the time being in force,

no person shall be guilty of an offence under sub-paragraph (2) by reason only of those premises being kept open for any of the purposes authorised by the entertainments licence after the latest hour so authorised but not later than the hour to which intoxicating liquor is authorised to be sold or supplied on those premises under either of the said Acts.

(5) Subject to paragraph 13, the council by which an entertainments licence was granted may revoke it if its holder is convicted of an offence under sub-paragraph (2)(a).