PART IN.I.INTRODUCTORY

Title and commencementN.I.

1.—(1) This Order may be cited as the Licensing (Northern Ireland) Order 1996.

(2) This Order shall come into operation on the expiration of 2 months from the day on which it is made.

InterpretationN.I.

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

F2(2) In this Order—

• “appeal”, except in Article 83(1), includes an appeal by way of case stated;

• “ballroom” means any premises which are structurally adapted and used or intended to be used for the purpose of public dancing and the use of which for such dancing is licensed under Schedule 1 to the [1985 NI 15.] Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985;

• “bar” means an open bar;

• “business” includes any business whether or not carried on for profit;

• “bus station” means premises which—

  (a)

  are provided by a statutory body exercising functions under the [1967 c. 37 (N.I.).] Transport Act (Northern Ireland) 1967 or by an undertaking which is the holder of a road service licence granted under that Act, and

  (b)

  include amenities and facilities (including enclosed waiting facilities elsewhere than in a licensed part of the premises) for persons who have used or intend to use the services of such an undertaking;

• [F3“children's certificate” means a certificate granted under Article 59;]

• “cider” includes perry;

• [F4“cinema” means any place which is used primarily and ordinarily for a film exhibition within the meaning of Article 2 of the Cinemas (Northern Ireland) Order 1991 and the use of which for such exhibitions is licensed under Article 3 of that Order;]

• “common part”, in relation to any premises, means a part open II generally to all residents or to a particular class of them;

• “conference centre” means any premises for which there is in force a certificate from the Northern Ireland Tourist Board stating that the conference centre conforms to the requirements prescribed by regulations made with the concurrence of the Department of Economic Development;

• “the Department” means the Department of Health and Social Services;

• “diner” means a person who is partaking of a main table meal or is about to partake of such a meal or has just partaken of such a meal;

• “doctor” means a fully registered person within the meaning of section 55 of the [1983 c. 54.] Medical Act 1983;

• “extension licence” means a licence granted under Article 47(1);

• “guest house” means the premises of any establishment allocated by a certificate under Article 13 of the [1992 NI 3.] Tourism (Northern Ireland) Order 1992 to the category of tourist establishment mentioned in Article 12(1)(b) of that Order;

• “harbour terminal” means premises providing amenities and facilities for persons who have travelled by sea to, or intend to travel by sea from, Northern Ireland which are built upon harbour premises in the vicinity of the point at which such persons embark or disembark;

• “higher education institution” has the same meaning as in Article 30(3) of the [1993 NI 12.] Education and Libraries (Northern Ireland) Order 1993;

• “holder of a licence” includes a person such as is mentioned in Article 28(2);

• “hotel”, without prejudice to paragraph (5) means the premises of any establishment allocated by a certificate under Article 13 of the [1992 NI 3.] Tourism (Northern Ireland) Order 1992 to the category of tourist establishment mentioned in Article 12(1)(a) of that Order;

• “housing authority” means—

  (a)

  a public body exercising functions under the [1981 NI 3.] Housing (Northern Ireland) Order 1981;

  (b)

  the Department of the Environment;

• [F5“indoor arena” has the meaning given in Article 2A;]

• “intoxicating liquor” means spirits, wine, beer, cider and any other fermented, distilled or spirituous liquor, but does not include—

  (a)

  F6...

  (b)

  perfumes;

  (c)

  flavouring essences recognised by the Commissioner of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor;

  (d)

  spirits, wine or made-wine so medicated as to be, in the opinion of the Commissioners, intended for use as a medicine and not as a beverage;

  (e)

  any liquor which is of a strength not exceeding 0.5 per cent at the time of the sale or other conduct in question;

  F7and expressions used in sub-paragraphs ... (d) and (e) shall have the same meaning as in the [1979 c. 4.] Alcoholic Liquor Duties Act 1979;

• “licence” means a licence under this Order authorising the sale of intoxicating liquor by retail but except in Articles [F857A, 57B,] 58 to 61, 63, 65 [F9, 69A to 69J] and 82(3) does not include an occasional licence;

• “licensed premises”

  (a)

  except in the case of an hotel, means the part or parts of the premises for which a licence is in force which are delineated in the plan kept [F10under Article 34(2)] as the part or parts of those premises in which intoxicating liquor is permitted to be sold by retail;

  (b)

  in the case of an hotel, means the hotel premises;

  and for the purposes of Articles [F252C, 52D, 52E,] 55, [F1157A, 57B,] 58 to 65 [F12, 69A to 69J] and 82(3) and (5) includes the place or premises specified in an occasional licence;

• “licensing period” means a period of 5 years beginning on 1st October 1997 or any quinquennial of that date;

• “main table meal” means a meal which is in its entirety, or which includes, a main course and which is eaten by a person seated at—

  (a)

  a table; or

  (b)

  a counter or other structure which serves the purpose of a table and which is not used—

  (i)

  wholly or mainly as a bar; or

  (ii)

  for the service of refreshments for consumption by persons not seated at a table or that counter or structure;

• [F13“major event order” means an order under Article 48A;]

• “modify” means making additions, omissions, amendments or substitutions;

• “notice” means notice in writing;

• “occasional licence” means a licence granted under Article 30(1);

• [F14“outdoor stadium” has the meaning given in Article 2AA;]

• “owner”

  (a)

  in relation to a business, includes any personal representative, trustee, assignee, committee, liquidator, receiver or guardian carrying on the business in exercise of a power conferred by or under any statutory provision, will or deed;

  (b)

  in relation to premises, means the person for the time being receiving the rack rent of the premises, whether on his own account or as personal representative, trustee, assignee, committee, liquidator, receiver or guardian, or who would so receive the same if the premises were let at a rack rent;

• [F15“parent”, in relation to a person under the age of 18, includes any individual who—

  (a)

  has parental responsibility for that person (within the meaning of the Children (Northern Ireland) Order 1995), or

  (b)

  has care of that person.]

• “permitted hours”, subject to Articles 43, 44, [F1644A] 45 [F17, 47 and 48A] , means the hours specified in Article 42;

• “pharmacist” means a registered pharmaceutical chemist;

• “place of public entertainment” means—

  (a)

  premises used as a theatre;

  (aa)

  [F18premises used as a cinema;]

  (b)

  premises used as a ballroom;

  (c)

  premises on a licensed track within the meaning of the [1985 NI 11.] Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985;

  (d)

  such other premises used for the purposes of such entertainments, in accordance with such conditions, as may be prescribed by regulations made subject to affirmative resolution;

• “police sub-division”, in relation to a sub-divisional commander, means the sub-division for which that commander acts;

• “protection order” means an order granted under Article 26;

• “public body” means a body constituted by or under any statutory provision;

• “public part”, in relation to any premises, means a part open to customers who are not residents or guests of residents;

• “public place” includes any place to which the public have access whether as of right or by permission and whether subject to or free of charge;

• “public transport premises” means a railway station or an airport, or a harbour terminal or bus station as defined by this paragraph;

• “regulations” means regulations made by the Department subject (except as otherwise provided in this Order) to negative resolution;

• “renewal date” means 1st September;

• “resident”, in relation to premises of a kind mentioned in Article 5(1)(a), an hotel or a guest house, means a guest or traveller who has lodged in the premises, hotel, or guest house for the preceding night or has in writing engaged a room for the succeeding night;

• “restaurant” means any premises which are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with a main table meal at midday or in the evening, or both; but does not include premises of a kind mentioned in Article 5(1)(a) in which there is carried on the business of selling meals or refreshments;

• “seamen's canteen” means any premises provided by a body approved by the Secretary of State which—

  (a)

  are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with food or drink, whether or not the food or drink is separately paid for; and

  (b)

  are situated in a place for which there is in force a certificate granted by the Secretary of State after consultation with the Merchant Navy Welfare Board stating that there is need for a seamen's canteen;

• “statutory provision” has the meaning assigned to it by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954;

• “sub-divisional commander” means a sub-divisional commander of the Royal Ulster Constabulary;

• “suspended licence” means a licence suspended under Part V;

• “theatre” means any place which is used primarily and ordinarily for theatrical performances and the use of which for such performances is licensed under Schedule 1 to the [1985 NI 15.] Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985;

(3) References in this Order to premises include references to their curtilages.

(4) References in this Order to premises as being of any kind are references to them as being of one of the kinds mentioned in Article 5(1)(a) to [F19(m)] .

(5) For the purposes of this Order, except the provisions thereof relating to the grant of licences, licensed premises shall be treated as an hotel if—

(a)a note showing that the licence was granted before 31st July 1902 or under Article 4(1) of the [1978 NI 14.] Licensing (Northern Ireland) Order 1978 or Article 12(1) of the [1990 NI 6.] Licensing (Northern Ireland) Order 1990 or Article 11(1) of this Order in lieu of such a licence, has been made on the licence and recorded in the register of licences in respect of the premises, and

(i)the premises were before 1st October 1968, and continue to be, an hotel as defined in section 1(3) of the [1923 c. 12 (N.I.).] Intoxicating Liquor Act (Northern Ireland) 1923, and

(ii)the premises are those of an establishment allocated by a certificate under Article 13 of the [1992 NI 3.] Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(b) or (c) of that Order; or

(b)the licence was granted after 30th July 1902 and before 1st October 1968 or a note showing that the licence was granted under Article 4(1) of that Order of 1978 or Article 12(1) of that Order of 1990 or Article 11(1) of this Order in lieu of such a licence has been made on the licence and recorded in the register of licences in respect of the premises, and the premises—

(i)at the time of the grant were an hotel as defined in section 2(2) of the [1902 c. 18.] Licensing (Ireland) Act 1902 or section 9(a)(ii) of the Intoxicating Liquor Act (Northern Ireland) 1923, and

(ii)are those of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(a) of that Order, and

(iii)continue to have no public bar for the sale of intoxicating liquor;

and for the purposes of this paragraph where a note and record are made under Article 4(1) of that Order of 1978 or Article 12(1) of that Order of 1990 or Article 11(1) of this Order the licence granted under that Article 4(1) or Article 12(1) or Article 11(1), as the case may require, and the licence in lieu of which that licence is granted shall be treated as a single licence and the premises licensed under those licences shall be treated as the same premises.

(6) In this Order any reference to selling intoxicating liquor by retail is a reference to selling such liquor as mentioned in section 4(4) of the [1979 c. 4.] Alcoholic Liquor Duties Act 1979, and any reference to making such liquor available for purchase by retail shall be construed accordingly.

[F20(6A) In this Order any reference to the production of intoxicating liquor includes a reference to the brewing, fermenting or distilling of intoxicating liquor but does not include a reference merely to the packaging of intoxicating liquor.]

(7) Any request which under any provision of this Order may be made to the holder of a licence may be made to any one of several joint holders or, if the holder is a body corporate, to the secretary or other executive officer of that body.

(8) In this Order any reference, in relation to a licence, to the register of licences is a reference to the part of the register which relates to that licence.

(9) In this Order any reference to the police sub-division in which a person resides shall, where that person is a body corporate, be construed as a reference to each police sub-division in which it carries on business under a licence.

(10) In this Order any reference to a sub-divisional commander of a police sub-division includes a reference to any other member of the Royal Ulster Constabulary nominated by him.

[F21(11) In this Order (other than Part 4A and Article 77A(3)) any reference to a district commander for a police district includes a reference to any other member of the Police Service of Northern Ireland nominated by the district commander.]

[F22Meaning of “indoor arena”N.I.

2A.—(1) In this Order “indoor arena” means any premises—

(a)which are structurally adapted and used, or intended to be used, for the purpose of providing a venue for a variety of indoor events and activities; and

(b)which consists of—

(i)an area where the events and activities take place; and

(ii)accommodation which is capable of seating the prescribed number of persons or more on permanent seats and wholly or substantially surrounds the area where the events and activities take place.

(2) For the purposes of paragraph (1)(b)—

(a)the prescribed number of persons is 5000 or such other number as the Department may prescribe by regulations; and

(b)“permanent seats” means seats that are permanently attached to a part of the building or to a structure that is permanently so attached.]

[F23Meaning of “outdoor stadium”N.I.

2AA  In this Order outdoor stadium means any premises—

(a)which are structurally adapted and used, or intended to be used, for the purpose of providing a venue primarily for a variety of outdoor sporting events and activities,

(b)which include one or more areas for indoor events and activities, and

(c)which are designated in regulations as a stadium which the Department considers to be of importance to the whole of Northern Ireland.]

[F24Application to limited liability partnershipsN.I.

2B  In its application to a limited liability partnership, this Order shall have effect with the following modifications—

(a)a reference to a director of a body corporate is a reference to a member of a limited liability partnership;

(b)in Article 2(7), the reference to the secretary of a body corporate is a reference to any designated member of a limited liability partnership.]

PART IIN.I.THE GENERAL LICENSING SYSTEM

N.I.

Prohibition on sale of intoxicating liquor without a licenceN.I.

3.—(1) Except as permitted by this Order, it shall be unlawful for any person to sell intoxicating liquor by retail unless he holds a licence authorising him to do so in the course of a business carried on in premises specified in the licence.

(2) Any person who, himself or by his servant or agent,—

(a)where he is not the holder of a licence, sells intoxicating liquor by retail or makes it available for purchase by retail, or

(b)where he is the holder of a licence, either sells intoxicating liquor by retail or makes it available for purchase by retail in any premises or place where he is not authorised under this Order to sell such liquor by retail,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both and any intoxicating liquor found in his possession and its containers shall be liable to be forfeited.

(3) Where intoxicating liquor is sold or made available for purchase in any premises in contravention of this Article, every occupier of the premises who is proved to have had knowledge of or consented to the contravention shall be guilty of an offence under this Article.

(4) Without prejudice to Article 80, for the purposes of this Article a vessel shall be deemed to be premises and paragraph (3) shall apply to the master of a vessel as it applies to the occupier of premises.

Persons to whom licences may be grantedN.I.

4.—(1) The person to whom a licence is granted (other than a housing authority to whom a licence is granted provisionally) shall be the owner of the business proposed to be carried on under the licence.

(2) A licence may be granted to an individual, to a body corporate or to two or more persons carrying on business in partnership.

(3) In considering the fitness of a person to hold a licence for any premises, a court shall have regard to—

(a)the character, reputation and financial standing of the applicant;

(b)the qualifications and experience of the applicant to manage the business which is, or is proposed to be, carried on under the licence, or the qualifications and experience of any person who is, or is proposed to be, employed by him in that behalf;

(c)the extent to which, by virtue of any estate vested in him, the applicant is entitled to possession and control of the premises.

(4) In considering the fitness of a body corporate to hold a licence, a court shall also have regard to the character, reputation and financial standing of the directors of the body and any other persons who have executive control of it, as if the licence were, or were proposed to be, held by them jointly.

[F25(5) Where a person becomes or ceases to be a director of a body corporate which is the holder of a licence, the body must, within the period of 28 days of that change taking effect, serve notice of the change upon—

(a)the chief clerk; and

(b)the district commander of the police district in which any premises to which the licence applies are situated.

(6) A person who contravenes paragraph (5) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Premises for which licences may be grantedN.I.

5.—(1) Without prejudice to Article 80, the premises in which the sale of intoxicating liquor is authorised by a licence shall be premises of one of the following kinds—

(a)premises in which the business carried on under the licence is the business of selling intoxicating liquor by retail for consumption either in or off the premises;

(b)premises in which the business carried on under the licence is the business of selling intoxicating liquor by retail for consumption off the premises;

(c)an hotel;

(d)a guest house;

(e)a restaurant;

(f)a conference centre;

(g)a higher education institution;

(h)a place of public entertainment;

(i)a refreshment room in public transport premises;

(j)a seamen's canteen.

[F26(k)an indoor arena]

[F27(l)an outdoor stadium.] [F28;]

[F29(m)premises in which the business of producing intoxicating liquor is carried on in accordance with any certificate of registration, licence or other authorisation which is required by a statutory provision.]

(2) Regulations, made subject to affirmative resolution, may prescribe the conditions under which any business authorised by the licence may be carried on in premises of a kind mentioned in paragraph (1)(a) or (b).

(3) Subject to paragraph (5) and to [F30Articles 48B(2) to (6), 51(1)(b) and 52C(1)] , a licence shall not authorise the sale of intoxicating liquor in premises of any kind mentioned in paragraph (1)(c) to [F31(m)] ,—

(a)unless, subject to Article 17(3)—

(i)there is being carried on in those premises a business of the type normally carried on in premises of that kind; and

(ii)the sale of intoxicating liquor is ancillary to that business;

(b)[F32except in the case of premises of a kind mentioned in Article 5(1)(m),] for consumption off the premises.

(4) A licence for premises other than an hotel shall be authority for the sale of intoxicating liquor only in the part or parts of the premises delineated in plans kept under Article 34(2) F33... as the part or parts of the premises in which such liquor is permitted to be sold.

(5) In relation to premises which are an hotel—

(a)paragraph (3)(a) shall not apply where a note showing that the licence was granted—

(i)before 31st July 1902; or

(ii)between 30th July 1902 and 3rd May 1971 otherwise than under section 2(2) of the [1902 c. 18.] Licensing (Ireland) Act 1902 or section 9(a)(ii) of the [1923 c. 1 (N.I.).] Intoxicating Liquor Act (Northern Ireland) 1923; or

(iii)under Article 4(1) of the [1978 NI 14.] Licensing (Northern Ireland) Order 1978 or Article 12(1) of the [1990 NI 6.] Licensing (Northern Ireland) Order 1990 or Article 11(1) of this Order in lieu of an existing licence to which head (i) or (ii) applied,

has been made on the licence and recorded in the register of licences in respect of the premises;

(b)paragraph (3)(b) shall not prohibit or restrict the sale of intoxicating liquor for consumption off the premises, where—

(i)the purchaser is a resident or diner in the premises, or

(ii)a note such as is mentioned in sub-paragraph (a) has been made on the licence and recorded in the register of licences in respect of the premises.

(6) Subject to Article 17(3), where any person, being the holder of a licence for premises of a kind mentioned in paragraph (1)(c) to [F34(l)] , himself or by his servant or agent, either sells intoxicating liquor or makes it available for purchase in those premises in contravention of paragraph (3) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

[F35(7) Paragraph (1)(m) applies only where the business in question is carried on wholly or mainly in Northern Ireland.]

[F36Remote sales: requirement for off-licenceN.I.

5A.  Where a sale of intoxicating liquor by retail is made otherwise than in person and the premises from which the intoxicating liquor is despatched are in Northern Ireland, the sale is not authorised for the purposes of this Order unless—

(a)the premises are licensed for the sale of intoxicating liquor for consumption off the premises, and

(b)the person making the sale, personally or by a servant or agent, is the person who holds that licence.]

Premises for which licences shall not be grantedN.I.

6.—(1) The premises in which the sale of intoxicating liquor shall not be authorised by a licence shall be—

(a)premises situated on a service area; and

(b)premises in which the principal business carried on is the business of a garage or premises which form part of such premises.

(2) In this Article—

• “service area” has the same meaning as in Article 2(2) of the [1993 NI 15.] Roads (Northern Ireland) Order 1993;

• “garage”, in relation to a business, means—

  (a)

  the retailing of petrol or derv; or

  (b)

  the sale or maintenance of motor vehicles.

Grant of licencesN.I.

Grant of licencesN.I.

7.—(1) An application for the grant of a licence shall be made to a county court.

(2) The procedure for applications for the grant of licences is set out in Part I of Schedule 1.

(3) On an application for the grant of a licence, the court shall hear the objections, if any, made under Part I of Schedule 1.

(4) A court shall refuse an application for the grant of a licence unless it is satisfied—

(a)subject to paragraph (5)(a), that the procedure relating to the application set out in Part I of Schedule 1 has been complied with; and

(b)that the applicant is a fit person to hold a licence; [F37and

(ba)that the applicant is aware of the responsibilities under any code of practice which the Department has approved under Article 76F (and from which it has not withdrawn its approval);] and

(c)that the premises are of the kind specified in the application; and

(d)subject to paragraph (5)(b), that the premises are suitable to be licensed for the sale of intoxicating liquor by retail; and

(e)where the premises are of a kind mentioned in Article 5(1)(a) or (b)—

(i)subject to paragraph (6), that the number of licensed premises of the kind specified in the application which are in the vicinity of the premises is, and having regard to any licences provisionally granted under Article 9 or any sites approved under Article 10 will be, inadequate; and

(ii)subject to paragraph (7), that a subsisting licence for premises of either such kind, or a subsisting licence in respect of which the note and record mentioned in Article 5(5)(a) have been made, has been surrendered to the clerk of the court or will be so surrendered before the licence is issued; and

(iii)where, under any statutory provision, the applicant is or will be entitled to compensation for the loss of goodwill which attached or attaches to the business carried on under the licence proposed to be surrendered, that he has abandoned his claim to so much of that compensation as is equivalent to the value of any of that goodwill which is likely to be attracted to the business proposed to be carried on under the new licence; and

(f)either—

(i)that there is in force planning permission to use the premises as premises of the kind specified in the application for the period during which the licence would be in force; or

(ii)that the premises may be used as such premises for that period without such permission.

(5) A court may grant a licence notwithstanding—

(a)that the procedure relating to the application set out in Part I of Schedule 1 has not been complied with if, having regard to the circumstances, it is reasonable to do so; or

(b)that the premises are not suitable to be licensed for the sale of intoxicating liquor if they will be made suitable in consequence of an order under Article 8.

(6) Without prejudice to paragraph 6 of Schedule 3, paragraph (4)(e)(i) shall not apply where—

(a)the subsisting licence which is proposed to be surrendered is for premises to which paragraph 2(a) of Schedule 2 applies and which were or are on the site or in the vicinity of the premises for which the licence is sought; or

(b)the site of the premises for which the licence is sought has been approved under Article 10 as a site for licensed premises of the kind specified in the application.

(7) Paragraph (4)(e)(ii) shall not apply—

(a)where—

(i)the premises for which the licence is sought are situated in an area designated by an order under section 1 or 47 of the [1965 c. 13 (N.I.).] New Towns Act (Northern Ireland) 1965 as the site of a new town or a town to be expanded or developed under that Act; and

(ii)if a new town commission has been established for the purposes of the town, an order has not been made under section 33 of that Act for the winding-up of the commission; or

(b)where, at any time during the period of 5 years immediately preceding the date of the application for the licence, a previous licence (including a licence under the [1990 NI 6.] Licensing (Northern Ireland) Order 1990 or the [1971 c. 13 (N.I.).] Licensing Act (Northern Ireland) 1971 or under statutory provisions repealed by that Act) was in force for the premises for which the licence is sought, as being premises of the kind specified in the application, and has not been surrendered under that Order or Act or any of those statutory provisions or annulled under any of those provisions.

(8) For the purposes of paragraph (7)(a)(ii) an order under section 131(3)(b) of the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972 shall have effect as if it were an order under section 33 of the New Towns Act (Northern Ireland) 1965.

(9) Schedule 2 defines the circumstances in which a licence is or is not to be treated as a subsisting licence.

(10) Where a court grants a licence in respect of premises of a kind mentioned in Article 5(1)(a) and the applicant for that licence has applied to the court for a direction specifying that on Sundays there shall be no permitted hours on the premises, the court shall give such a direction.

(11) Where a court grants a licence in respect of a guest house, the court shall attach to the licence a condition that there shall be afforded in the guest house adequate sitting accommodation in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of intoxicating liquor.

(12) A court which grants a licence in respect of a place of public entertainment[F38 or an indoor arena] [F39or an outdoor stadium] may attach to the licence such conditions as it thinks fit.

(13) Where by virtue of the grant of a licence in respect of any premises, those premises are licensed premises to which regulations under Article 108(1)(b) of the [1985 NI 11.] Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 apply the court may, on an application by the sub-divisional commander of the police sub-division in which those premises are situated, give a direction specifying the number of gaming machines which may be made available for gaming on the licensed premises in accordance with the provisions of Article 108 of that Order.

(14) Where the court refuses an application for the grant of a licence, it shall specify in its order the reasons for its refusal.

(15) Where the court gives a direction under paragraph (10) or (13) the chief clerk shall note the direction on the licence.

Grant of licence conditional on alterations being made in premisesN.I.

8.—(1) A court which grants a licence may order that, within a period fixed by the order, the holder of the licence—

(a)shall make such alterations in the licensed premises as may be specified in the order, being alterations which the court thinks necessary—

(i)to secure the proper conduct of the business carried on under the licence; or

(ii)to secure that no part of any room which is used for the sale or consumption of intoxicating liquor is concealed or screened from observation in such a manner as to obstruct proper supervision; and

(b)shall deposit with the clerk of the court a plan of the premises showing the alterations so specified.

(2) Notice of any order made under paragraph (1) shall be served by the clerk of the court on the person whose name has been notified to the court as the owner of the premises.

(3) The period fixed by an order under paragraph (1) may be extended by order of a court of summary jurisdiction on the application of the holder of the licence.

(4) If the holder of the licence makes default in complying with an order under paragraph (1) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Provisional grant of licencesN.I.

9.—(1) Where premises are about to be constructed, altered or extended or are in the course of construction, alteration or extension, an application may be made to a county court for the provisional grant of a licence for those premises.

(2) An application for the provisional grant of a licence may be made by—

(a)the person who proposes to be the owner of the business to be carried on under the licence after it has been declared final under paragraph (7); or

(b)a housing authority.

(3) The procedure for applications for the provisional grant of licences is set out in Part I of Schedule 1 as modified by Part II of that Schedule.

(4) Article 7 shall apply in relation to the provisional grant of licences as if—

(a)references to the grant of a licence were references to the provisional grant of a licence;

(b)references to the premises for which a licence is sought were references to proposed premises;

(c)the reference to the surrender of a subsisting licence before the licence is issued were a reference to its surrender then or before the licence is declared final;

(d)where the application is made by a housing authority, paragraph (4)(b) were omitted.

(5) A licence which is provisionally granted shall not authorise the sale of intoxicating liquor until the grant of the licence is declared final.

(6) At any time before a licence which has been provisionally granted is declared final, a county court may consent to any modification of the plans deposited under Schedule 1 if, in its opinion, the premises, when completed in accordance with the modified plans, will be suitable to be licensed for the sale of intoxicating liquor by retail and, if it does so, shall require a copy of the modified plans to be deposited with the clerk of the court.

(7) Where a licence has been granted provisionally for any premises, a county court—

(a)where the licence was granted to a person such as is mentioned in paragraph (2)(a), on the application of the holder of the licence, or

(b)where the licence was granted to a housing authority, on the application of a person nominated by the authority who proposes to be the owner of the business to be carried on under the licence in the premises,

shall, subject to paragraph (9), declare the grant of the licence final, if it is satisfied—

(i)that the premises have been completed in accordance with the plans deposited under Schedule 1 or in accordance with those plans with modifications consented to under paragraph (6), and

(ii)that the applicant is a fit person to hold a licence.

(8) The procedure for applications by persons such as are mentioned in paragraph (7) to have the provisional grant of licences declared final is set out in Part III of Schedule 1.

(9) A county court shall not entertain an application made under paragraph (7) after the expiration of 2 years from the date on which the licence was granted provisionally, unless the applicant satisfies the court that there were reasonable grounds for the failure to complete the construction, alteration or extension of the premises within that period.

(10) Where the provisional grant of a licence is declared final the chief clerk shall note the declaration on the licence.

Preliminary approval of sites and disposal in certain casesN.I.

10.—(1) A housing authority proposing to develop or re-develop any area of land may apply to the county court with respect to any site in that area for a declaration that the court approves that site as a site for licensed premises of a kind specified in the declaration.

(2) The provisions of Parts I and II of Schedule 3 shall have effect in connection with applications under paragraph (1), the approval of sites, the grant of licences for premises on approved sites and, where the sites are in a re-development area, the disposal of the sites or of premises erected on the sites; and the provisions as to expenses in Part III of that Schedule shall also have effect.

Grant of new licence in lieu of existing licenceN.I.

11.—(1) Where the holder of a licence which has been renewed under Article 17 (or which could have been so renewed if the renewal date had fallen between the date of the discontinuance of the principal business and the date when his application for a new licence comes before the county court) applies to a county court for the grant or provisional grant of a new licence in lieu of the existing licence, and the court is satisfied that the premises for which the new licence is sought are, or will be,—

(a)where the existing licence was granted—

(i)before 31st July 1902, or

(ii)between 30th July 1902 and 3rd May 1971 otherwise than under section 2(2) of the [1902 c. 18.] Licensing (Ireland) Act 1902 or section 9(a)(ii) of the [1923 c. 12. (N.I.).] Intoxicating Liquor Act (Northern Ireland) 1923,

premises of an establishment allocated by a certificate under Article 13 of the [1992 NI 3.] Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(a) of that Order, or

(b)where the existing licence is for premises to which Article 2(5)(a) applied—

(i)an hotel as defined by section 1(3) of the Intoxicating Liquor Act (Northern Ireland) 1923; and

(ii)premises of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(b) or (c) of that Order, or

(c)where the existing licence is for premises to which Article 2(5)(b) applied—

(i)without a public bar for the sale of intoxicating liquor; and

(ii)premises of an establishment allocated by a certificate under Article 13 of the [1992 NI 3.] Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(b) of that Order,

the court, if it grants the licence applied for, may order that a statement be noted on the licence and recorded in the register of licences to the effect that the licence is granted in lieu of an existing licence of that description.

(2) In this Article “principal business” means the business of an hotel or the business of providing accommodation for guests in premises such as are mentioned in Article 2(5)(a) or (b).

Effect on new licence of suspension of surrendered, or previous, licenceN.I.

12.—(1) Where a suspended licence is surrendered as mentioned in Article 7(4)(e)(ii) or 9(4)(c) the court which grants the new licence or declares the provisional grant of the new licence final may direct that the suspension shall be disregarded, except where the holder of the new licence was the holder of the surrendered licence.

(2) Where—

(a)the surrendered licence is suspended and the suspension is not disregarded, or

(b)a new licence is granted by virtue of Article 7(7)(b) by reason of a previous licence having been in force for the premises and the previous licence would be suspended if it were still in force,

the new licence shall be expressed not to come into force, or, as the case requires, shall be declared not to become final, until the expiration of the period of suspension.

(3) For the purpose of paragraph (1) a person shall be deemed to be the holder of a licence if he is one of several joint holders or if he is a director of a body corporate which is the holder.

Duration of new licencesN.I.

13.—(1) Subject to the succeeding provisions of this Article, a licence shall, unless suspended, remain in force from the date on which it is granted until—

(a)the expiration of—

(i)the then current licensing period, or

(ii)such lesser period ending on 30th September as the court shall determine, or

(b)if it is granted within the 3 months immediately preceding the expiration of the then current licensing period, the expiration of—

(i)the next following licensing period, or

(ii)such lesser period ending on 30th September as the court shall determine.

(2) Where, at the hearing of an application for the grant of a licence, any person appears before the court and opposes the grant, but the court grants the licence,—

(a)until the expiry of the time for bringing an appeal against the grant and, if an appeal is brought, until the grant is confirmed or the appeal is abandoned—

(i)the licence granted shall not come into force, and

(ii)the licence, if any, which has been surrendered shall not cease to be in force;

(b)if on appeal the grant is confirmed or if the appeal is abandoned, for the purpose of determining the period for which the licence is to be in force, the date when the appeal is disposed of shall be substituted for the date on which the licence was granted or for any other date earlier than the first-mentioned date on which the licence is expressed under Article 12(2) to come into force, and the chief clerk shall (if necessary) amend the licence accordingly;

(c)if on appeal the grant is not confirmed, the licence, if any, which has been surrendered shall, unless suspended, continue in force until the expiration of a period of 8 weeks after the appeal is determined, if it would have earlier ceased to be in force but for the provisions of this sub-paragraph.

(3) Where a licence granted provisionally is at any time declared final, paragraphs (1) and (2) shall apply as if the licence were granted at that time.

(4) Paragraph (1) shall not prejudice the operation of paragraph (2)(c) and Articles 20, 25(b), 26(7) and 28, under which a licence may, or may be deemed to, continue in force after the time when it would otherwise expire.

(5) Where, on granting a licence, a county court gives a direction under Article 7(13) and the holder of the licence appeals against that direction, the direction shall not take effect until the appeal is determined or abandoned.

Renewal of licencesN.I.

Renewal of licencesN.I.

14.—(1) An application for the renewal of a licence shall be made to a court of summary jurisdiction except where the licence is renewed by the clerk of petty sessions under this Article.

(2) The procedure for applications for the renewal of licences is set out in Part I of Schedule 4.

(3) Subject to paragraph (4), where notice of an application for the renewal of a licence otherwise than under Article 16 or 23 has been served upon the clerk of petty sessions, he may renew the licence as if the application had been made to him and may do so in the absence of the applicant.

(4) Where—

(a)a notice of application is in respect of the renewal of a licence which has been in force for a period determined by the court under Article 13(1)(a)(ii) or (b)(ii) or Article 21 (1)(b)(ii) or (c)(ii), or

(b)a notice of objection has been served on the clerk and has not been withdrawn, or

(c)the licensed premises have been altered since the last previous renewal of the licence (or, where the renewal applied for is the first renewal of the licence, since the licence was granted), or

(d)the application for renewal is in respect of premises of a kind mentioned in Article 5(1)(a) for which the applicant has also applied to the court for—

(i)a direction specifying that on Sunday there shall be no permitted hours on the premises, or

(ii)the cancellation of such a direction, or

(e)the application for renewal is made by virtue of Article 18 or with respect to a licence to which Article 77(4) or Article 80(3) applies, or

(f)the application for renewal is in respect of licensed premises for which the applicant has also applied to the court for the variation of a direction specifying the number of gaming machines which may be made available on the licensed premises or, where such a direction has not been given in respect of the licensed premises, for which the sub-divisional commander of the police division in which the licensed premises are situated has applied for such a direction, [F40or

(fa)the clerk is not satisfied that the applicant has been complying with any code of practice which the Department has approved under Article 76F (and from which it has not withdrawn its approval);] or

(g)the clerk is of the opinion, for any other reason, that an application for the renewal of the licence should be made to the court,

the clerk shall require the application to be made to the court and shall notify the applicant and the objectors, if any, of the requirement and of the time and place of the hearing.

(5) Where a licence is renewed, the clerk shall note the renewal on the licence.

Renewal of licences by a courtN.I.

15.—(1) On an application for the renewal of a licence to a court of summary jurisdiction, the court shall hear the objections, if any, made under Part I of Schedule 4.

(2) A court shall refuse an application for the renewal of a licence unless it is satisfied—

(a)subject to paragraph (3)(a), that the procedure relating to the application set out in Part I of Schedule 4 has been complied with; and

(b)that the applicant is a fit person to hold a licence; [F41and

(ba)that the applicant is aware of the responsibilities under, and has been complying with, any code of practice which the Department has approved under Article 76F (and from which it has not withdrawn its approval);] and

(c)subject to Article 18(3),—

(i)that the kind of premises specified in the application is that for which the licence was granted and the premises are of the kind so specified; and

(ii)subject to paragraph (3)(b), that the premises are suitable to be licensed for the sale of intoxicating liquor by retail; and

(d)that, having regard to the manner in which the business carried on in the premises under the licence has been conducted since the last previous renewal of the licence (or, where the renewal applied for is the first renewal of the licence, since the licence was granted), it is likely that, if the licence is renewed, the business will be conducted in a peaceable and orderly manner; and

(e)subject to Article 18(3), that—

(i)the business carried on in the premises under the licence, and

(ii)in the case of premises of a kind mentioned in Article 5(1)(c) to [F42(m)] other than an hotel in respect of which the note and record mentioned in Article 5(5)(a) have been made, the business to which the sale of intoxicating liquor under the licence is ancillary,

has not been discontinued; and

(f)where the licence is in respect of a guest house[F43, a place of public entertainment [F44, an indoor arena or an outdoor stadium]] , that the conditions attached to the licence by the court under Article 7(11) or, as the case may be, (12) have been observed.

(3) A court may renew a licence notwithstanding—

(a)that the procedure relating to the application set out in Part I of Schedule 4 has not been complied with if, having regard to the circumstances, it is reasonable to do so; or

(b)that the premises are not suitable for the sale of intoxicating liquor by retail, if they will be made suitable in consequence of an order under paragraph (7).

(4) For the purposes of paragraph (2)(e)(i) a business shall be deemed not to have been discontinued if its conduct has been interrupted by reason only of the suspension of the licence.

(5) A court which renews a licence in respect of premises of a kind mentioned in Article 5(1)(a), on the application of the holder of the licence—

(a)where a direction has not been given under Article 7(10), shall give such a direction; or

(b)shall cancel a direction given under sub-paragraph (a) or Article 7(10).

(6) A court which renews a licence for any premises which are licensed premises to which regulations under Article 108(1)(b) of the [1985 NI 11.] Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 apply may—

(a)where a direction has not been given under Article 7(13) in respect of the licensed premises, on an application by the sub-divisional commander of the police sub-division in which the licensed premises are situated, give such a direction; or

(b)on an application by the sub-divisional commander mentioned in sub-paragraph (a), vary a direction given under sub-paragraph (a) or Article 7(13); or

(c)on an application by the holder of the licence, vary or cancel a direction given under sub-paragraph (a) or Article 7(13).

[F43(6A) A court which renews a licence for an indoor arena [F45or an outdoor stadium] may attach to the licence such conditions as it thinks fit.]

(7) Article 8 shall apply in relation to the renewal of a licence as if—

(a)references to the court granting a licence were references to a court renewing a licence; and

(b)in paragraph (2) the reference to the person whose name has been notified to the court as the owner of the premises were a reference to the person whose name is recorded in the register of licences as the owner of the premises.

(8) Where the court refuses an application for the renewal of a licence or for the variation or cancellation of a direction under paragraph (6) it shall specify in its order the reasons for its refusal.

(9) Where the court gives or cancels a direction under paragraph (5) or (6) or varies a direction under paragraph (6) the clerk of petty sessions shall note the direction, cancellation or variation, as the case may require, on the licence.

Power to renew licences out of timeN.I.

16.  Where the holder of a licence which falls to expire on the 30th September fails to serve due notice of an application for its renewal before the renewal date a court of summary jurisdiction, upon application made in compliance with the procedure set out in Part I of Schedule 4 as modified by Part II of that Schedule not later than the end of the period of 12 months from the date on which the licence expires, may renew the licence—

(a)if it is satisfied that there was good reason for the failure; or

(b)upon the payment of such additional fee as may be fixed by order under section 116 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 for each month or part of a month between the renewal date and the time when application is made under this Article for the renewal of the licence.

Renewal of licences in respect of certain premisesN.I.

17.—(1) Subject to paragraph (2), where a licence was granted for premises in which a principal business was carried on and an application for the renewal of the licence is made to a court of summary jurisdiction, the court, if satisfied that the principal business has been discontinued in consequence of damage caused to premises and an application has been, or will be made under the [1971 c. 38 (N.I.).] Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971 or the [1977 NI 14.] Criminal Damage (Compensation) (Northern Ireland) Order 1977 for compensation for that damage, and that there is a likelihood that, within a reasonable period, either—

(a)the principal business will be resumed in the licensed premises, or

(b)an application will be made to a county court for a new licence in lieu of the existing licence to enable the business to be carried on in other premises (whether on the same site or not), or

(c)an application will be made to the county court for a new licence and the licence sought to be renewed is proposed to be surrendered as a subsisting licence,

may grant the renewal for a period of 12 months notwithstanding that—

(i)the licensed premises have ceased to exist; or

(ii)the principal business has been discontinued; or

(iii)the premises are no longer premises of an establishment allocated by a certificate under Article 13 of the [1992 NI 3.] Tourism (Northern Ireland) Order 1992 to a statutory category of tourist establishment or, as the case may be, no longer provide accommodation approved by the Northern Ireland Tourist Board.

(2) Where an application for the renewal of the licence has been made on 2 previous occasions in respect of any premises the court shall not grant the renewal under paragraph (1) unless the applicant—

(a)satisfies the court that there were reasonable grounds for the failure either to resume the principal business in the licensed premises or to make an application for a new licence; and

(b)produces evidence to the court that he is taking the necessary steps to resume that business or make that application within the next 12 months.

(3) Where in respect of any period of 12 months a licence is renewed under this Article, Articles 5(3)(a), 44 [F46, 44A] and 45 and Article 5(6) in so far as it relates to Article 5(3)(a) shall not apply to the conduct of the licensed business in the licensed premises during that period.

(4) In this Article—

• “principal business” means the business of an hotel or the business of providing accommodation for guests in premises such as are mentioned in Article 2(5)(a) or (b);

• “licensed business” means the business of selling intoxicating liquor in premises in which a principal business is carried on.

Renewal of licence pending grant of new licenceN.I.

18.—(1) Where—

(a)the premises specified in a licence are premises such as are mentioned in sub-paragraph (a) of paragraph 2 of Schedule 2 and sub-paragraph (b) of that paragraph (where applicable) applies, and

(b)an order is not in force under Article 29 authorising the temporary continuance in other premises of the business authorised to be carried on under the licence,

the holder may, for the purpose of keeping the licence in force in order that it may be surrendered as a subsisting licence, apply under Article 14 for a renewal of the licence, and the court, if satisfied that it will be surrendered within a reasonable period, may renew the licence.

(2) Where the holder of a licence has died, his personal representative may apply under paragraph (1) for the renewal of the licence, and the court may renew the licence in his name.

(3) Article 15(2) shall apply for the purposes of an application for renewal under paragraph (1) as if sub-paragraphs (c) and (e) were omitted.

Renewal of suspended licencesN.I.

19.  The renewal of a suspended licence shall not affect the suspension.

Continuance of licence pending determination of appealN.I.

20.  Where a court refuses to renew a licence and the holder of the licence appeals, the licence shall, unless suspended, continue in force until the appeal is determined or abandoned.

Duration of renewed licenceN.I.

21.—(1) Subject to paragraph (2) and Article 17(1), on the renewal of a licence it shall, unless suspended, remain in force until—

(a)if it is renewed by the clerk of petty sessions during the month of September immediately preceding the expiration of the then current licensing period, the expiration of the next following licensing period; or

(b)if it is renewed by a court within the 3 months immediately preceding the expiration of the then current licensing period, the expiration of—

(i)the next following licensing period, or

(ii)such lesser period ending on 30th September as the court shall determine; or

(c)if it is renewed by a court in any other case, the expiration of—

(i)the then current licensing period, or

(ii)such lesser period ending on 30th September as the court shall determine.

(2) Paragraph (1) shall not prejudice the operation of Articles 13(2)(c), 20, 25(b), 26(7) and 28, under which a licence may, or may be deemed to, continue in force after the time when it would otherwise expire.

(3) Where, on renewing a licence, a court of summary jurisdiction gives a direction under Article 15(5)(a) or varies or cancels any direction given under Article 7(13) or 15(5)(a) and the holder of the licence appeals against the direction, variation or cancellation, as the case may require, the direction, variation or cancellation shall not take effect until the appeal is determined or abandoned.

Transfer of licencesN.I.

Transfer of licencesN.I.

22.—(1) An application for the transfer of a licence shall be made to a court of summary jurisdiction.

(2) The application may be made by the person who proposes to, or has, become the owner of the business of selling intoxicating liquor by retail in the licensed premises.

(3) This Article shall apply in relation to the transfer of a licence provisionally granted as if the reference in paragraph (2) to the business of selling intoxicating liquor by retail in the licensed premises were a reference to that business as proposed to be carried on in those premises after the licence has been declared final.

(4) The procedure for applications for the transfer of, respectively, licences and licences provisionally granted is set out in Parts I and II of Schedule 5.

(5) On an application for the transfer of a licence the court shall hear the objections, if any, made under Schedule 5.

(6) A court shall refuse an application for the transfer of a licence unless it is satisfied—

(a)subject to paragraph (7), that the procedure relating to the application set out in Schedule 5 has been complied with; and

(b)that the applicant is a fit person to hold a licence; [F47and

(ba)that the applicant is aware of the responsibilities under any code of practice which the Department has approved under Article 76F (and from which it has not withdrawn its approval);] and

(c)subject to paragraph (8), that—

(i)the business carried on in the premises under the licence, and

(ii)in the case of premises of a kind mentioned in Article 5(1)(c) to [F48(m)] other than an hotel in respect of which the note and record mentioned in Article 5(5)(a) have been made, the business to which the sale of intoxicating liquor under the licence is ancillary,

has not been discontinued.

(7) A court may transfer a licence notwithstanding that the procedure relating to the application set out in Schedule 5 has not been complied with if, having regard to the circumstances, it is reasonable to do so.

(8) Paragraph (6)(c) shall not apply to the transfer of a licence which is provisionally granted.

(9) For the purposes of paragraph (6)(c)(i) a business shall be deemed not to have been discontinued if its conduct has been interrupted by reason only of the suspension of the licence.

(10) Where the licence is transferred, the clerk of petty sessions shall note the transfer on the licence.

(11) Where the court refuses to transfer a licence, it shall specify in its order the reasons for its refusal.

Concurrent transfer and renewal of licencesN.I.

23.—(1) Where a person applies for a transfer of a licence the holder of which has not applied for a renewal thereof, the court on the application of that person may renew the licence before transferring it to him.

(2) A court shall not renew a licence on an application under this Article unless the application is made—

(a)within the 3 months immediately preceding the date on which the licence is due to expire; or

(b)not later than the end of the period of 12 months from the date on which the licence expired; or

(c)during the currency of a protection order.

(3) The procedure for applications under this Article for the renewal of licences is set out in Part I of Schedule 4 as modified by Part II of that Schedule.

Transfer of suspended licencesN.I.

24.—(1) Subject to paragraph (2), the transfer of a suspended licence shall not affect the suspension.

(2) The court which transfers a suspended licence may terminate the suspension or may substitute for the remainder of the period of suspension any lesser period.

(3) For the purposes of this Article the suspension of a protection order made in connection with a licence shall be deemed to be a suspension of the licence.

Appeal from transferN.I.

25.  Where, at the hearing of an application for the transfer of a licence, any person appears before the court and opposes the transfer, but the court grants the transfer,—

(a)the transfer shall not take effect until the expiry of the time for bringing an appeal against the transfer and, if an appeal is brought, until the transfer is confirmed or the appeal is abandoned;

(b)if on appeal the transfer is not confirmed, the licence shall, unless suspended, continue in force until the expiration of a period of 8 weeks after the appeal is determined, if it would have earlier ceased to be in force but for the provisions of this sub-paragraph.

Temporary continuance of business in certain circumstancesN.I.

Protection ordersN.I.

26.—(1) A person who proposes to apply for the transfer of a licence or for the concurrent transfer and renewal of a licence may apply to a court of summary jurisdiction for a protection order authorising him to carry on business under the licence until an application for the transfer, or transfer and renewal, of the licence can be brought before a court.

(2) Where the holder of a licence dies and he has no personal representative or his personal representative is unwilling or unable to act, a person who is entitled in consequence of the holder's death to a beneficial interest in the business may apply to a court of summary jurisdiction for a protection order.

(3) Where the holder of a licence has become incapable through illness or other infirmity of carrying on the business authorised by the licence, a person who proposes to carry on the business on his behalf may apply to a court of summary jurisdiction for a protection order.

(4) A court of summary jurisdiction may, on an application made in compliance with the procedure set out in Schedule 6, make the protection order if it is satisfied that the applicant is, or that there are reasonable grounds for believing that he may be, a person or one of several persons to whom it could transfer the licence or a person such as is mentioned in paragraph (2) or (3).

(5) The authority conferred by a protection order in respect of any premises shall be the same as that conferred by the licence in force (or last in force) for those premises, and, while the order is in force, the provisions of this Order (other than those relating to the renewal or transfer of licences and the foregoing provisions of this Article) shall apply as if the person to whom the order is granted were the holder of that licence.

(6) Without prejudice to the generality of paragraph (5), a protection order may be suspended as if it were a licence and shall be deemed to be suspended during any period when the licence is suspended.

(7) A licence in connection with which a protection order is in force shall be deemed to continue in force for such period as the protection order remains in force.

Supplementary provisions relating to protection ordersN.I.

27.—(1) A protection order shall, unless suspended, remain in force—

(a)for a period of 6 months or such shorter period as may be specified in the order; and

(b)where an application for the transfer of the licence is made but not finally disposed of within that period, until the time when the application (including any appeal) is finally disposed of or, where the transfer is not granted, until the expiration of a period of 8 weeks after that time;

but, notwithstanding the foregoing provisions of this paragraph, it shall cease to have effect—

(i)on the transfer of the licence; or

(ii)on the making of a further protection order under paragraph (3); or

(iii)on its revocation by a court of summary jurisdiction on application by either the holder of the licence or the holder of the protection order; or

(iv)on the surrender of the licence.

(2) Where a protection order has been made on an application under Article 26(3), a court of summary jurisdiction may, on application by the person in whose favour the order was made, make such further protection order or orders as it thinks fit.

(3) A protection order may be made to supersede a previous protection order, if the court is satisfied that the person in whose favour the previous order was made—

(a)will be unable to apply for a transfer before the expiration of that order; or

(b)consents to that order being superseded; or

(c)no longer proposes to apply for a transfer of the licence or is not qualified to do so; or

(d)is unable to carry on business under that order.

(4) Where the court makes a protection order the clerk of petty sessions shall note the order on the licence.

Temporary continuance of business on death, bankruptcy, etc.N.I.

28.—(1) Where at any time—

(a)the holder of a licence dies or is adjudged bankrupt, or a composition or scheme proposed by him is approved under Chapter II of Part VIII of the [1989 NI 19.] Insolvency (Northern Ireland) Order 1989, F49... or a receiver of his property or a committee or guardian is appointed with power to manage the business carried on under the licence; or

(b)in the case of a body corporate which is the holder of a licence, a winding-up is commenced or a receiver is appointed as aforesaid;

the personal representative or, as the case requires, the person who is for the time being trustee in bankruptcy, supervisor of the composition or scheme, F50... receiver, committee, guardian or liquidator shall be in the same position as regards carrying on business under the licence as if he were the holder of that licence.

(2) Where the holder of a licence dies and he has no personal representative or his personal representative is unwilling or unable to act, the licence shall, unless suspended, continue in force for the benefit of any person entitled in consequence of his death to a beneficial interest in the business until—

(a)the expiration of a period of 2 months from the date of his death, or

(b)a protection order is made, or

(c)paragraph (1) becomes applicable by reason of the appointment of a personal representative,

whichever first occurs.

(3) The authority conferred on any person by virtue of paragraph (1) or (2) to carry on a business in licensed premises shall be suspended on the expiration of the period of 2 weeks from the date when he commenced to carry on the business unless during that period he has served notice that he is carrying on the business by virtue of that paragraph (and, if he is carrying it on by virtue of paragraph (1), the capacity in which he is doing so) [F51upon—

(a) the clerk of petty sessions; and

(b)the district commander of the police district in which the premises are situated;]

but the authority, if so suspended, shall revive upon the service of such a notice.

Temporary continuance of business in other premisesN.I.

29.—(1) Where by reason of any circumstance such as is mentioned in paragraph 2(a)(i) or (iii) to (vi) of Schedule 2, the holder of a licence which is in force for any premises (in this Article referred to as “the original premises”) is unable to carry on business under the licence in the premises, a court of summary jurisdiction may, on an application made by him in compliance with the procedure set out in Schedule 6, make an order authorising the continuance of the business in—

(a)temporary premises erected or to be erected wholly or partly within the curtilage, or on the site, of the original premises; or

(b)other premises in the vicinity of the original premises or their site,

for such period, not exceeding 6 months, as the court thinks fit.

(2) A court shall not make an order under paragraph (1) unless it is satisfied—

(a)that the premises in which the business is proposed to be carried on are adequate for the conduct of the business and will continue to be adequate during the period of the order; and

(b)that the applicant either—

(i)proposes to resume business under the licence in the original premises within a reasonable period (if Article 32 does not apply), or

(ii)has made an application for a new licence for those or other premises, or proposes to do so within a reasonable period.

[F52(2A) Where the original premises were an [F53indoor arena or outdoor stadium,] the court may consider an application under this Article notwithstanding that the premises in which it is proposed to continue the business are not, or will not be, an [F53indoor arena or outdoor stadium,] within the meaning of this Order.]

(3) An application under this Article shall be made to a court of summary jurisdiction F54....

(4) Where an order has been made under paragraph (1), a court of summary jurisdiction may, on application by the holder of the licence, make such further order or orders under that paragraph as it thinks fit.

(5) The temporary continuance of a business under this Article shall cease—

(a)at the end of the period specified in an order or a further order made under paragraph (1), or

(b)when the holder of the licence resumes the business in the original premises or premises for which a new licence is granted,

whichever first occurs.

(6) Where under this Article a court authorises the temporary continuance of a business in any premises—

(a)those premises shall be deemed to be the licensed premises;

(b)Article 15(2) shall apply in relation to the renewal of the licence as if sub-paragraph (c)(ii) were omitted.

Occasional licencesN.I.

Occasional licencesN.I.

30.—(1) A court of summary jurisdiction F55..., or a clerk of petty sessions acting under paragraph (3), may, on an application made, in compliance with the procedure set out in Schedule 7, by a person who is the holder of a licence for premises to which this Article applies, grant an occasional licence authorising that person to sell intoxicating liquor by retail—

(a)subject to paragraph (2), at such place, other than those premises, and

(b)during such period not exceeding 6 days at any one time, and

(c)between such hours, being the hours—

(i)on week-days between half past 11 in the morning and 1 in the morning of the day next following, or

[F56(ii)on Sundays, between half past 12 in the afternoon and 1 in the morning of the day next following,][F57, and

(d)if a request has been made under paragraph 4A of Schedule 7, subject to such terms and conditions,]

as may be specified in the occasional licence.

[F58(1A) An occasional licence may not be granted for any part of premises of a kind mentioned in Article 5(1)(m) to which an order under Article 52E applies.]

(2) Not more than 13 occasional licences shall be granted on one application.

(3) Subject to paragraph (4), where notice of an application for an occasional licence has been served upon the clerk of petty sessions, he may grant the occasional licence as if the application had been made to him and may do so in the absence of the applicant.

(4) Where—

(a)a notice of objection has been served on the clerk and has not been withdrawn, or

(b)the clerk is of the opinion, for any other reason, that an application for the grant of an occasional licence should be made to the court,

the clerk shall require the application to be made to the court and shall notify the applicant and the objectors, if any, of the requirement and of the time and place of the hearing.

[F59(4A) In the case of an occasional licence which is subject to terms and conditions imposed under paragraph (1)(d), a court of summary jurisdiction may, if it is satisfied on an application by the holder of the licence that it is appropriate to do so, vary or remove any of those terms or conditions.

(4B) Schedule 7 applies in relation to an application under paragraph (4A) as it applies in relation to an application for the grant of an occasional licence.]

(5) An occasional licence shall not authorise—

(a)the sale of intoxicating liquor otherwise than—

(i)as ancillary to a function to which this sub-paragraph applies which is to be held at the place and during the period and hours specified in the licence; and

(ii)where the applicant is the holder of a licence for a restaurant, as ancillary to a main table meal; and

(b)the sale of intoxicating liquor for consumption off the place specified in the licence.

(6) The functions to which sub-paragraph (5)(a) applies are functions of an occasional nature which are organised by any body established for social, charitable or benevolent purposes or for furthering the common interests of persons associated with any trade, profession, educational or cultural activity, game or sport.

(7) The days mentioned in paragraph (1)(b) may be in the same week or consecutive weeks, but nothing in this Article shall permit an occasional licence to authorise the sale of intoxicating liquor on Christmas DayF60....

(8) If the holder of an occasional licence or any servant or agent of his sells intoxicating liquor in contravention of paragraph (5), the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F61(8A) Where an occasional licence has been granted subject to terms and conditions under paragraph (1)(d) and any of those terms or conditions is not observed, the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(9) Where an occasional licence has been granted in connection with a function at any place, a constable may at any time during the period of the function enter that place for the purpose of ascertaining whether there has been any contravention of any provision of this Order, and if any person, himself or by his servant or agent or any other person acting with his knowledge or consent, fails or unreasonably delays to admit a constable, knowing him to be such, demanding to enter in pursuance of this paragraph, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) In any proceedings for an offence under paragraph (9) the burden of proving that any delay in admittance was reasonable shall lie upon the defendant.

(11) An occasional licence granted in connection with a function shall, at any time during the period of the function when intoxicating liquor is sold or made available for purchase at the place specified in the licence, forthwith be produced by the person who is in charge of the sale of intoxicating liquor there for examination by a constable at his request, and if it is not so produced without reasonable excuse the holder of the licence and that person shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(12) Where upon complaint made under Part VIII of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981, a court of summary jurisdiction is satisfied that functions held at the place specified in an occasional licence have been conducted so as to cause undue inconvenience to persons residing in the vicinity of that place, that court may—

(a)revoke any other occasional licences granted in respect of that place; or

(b)order that the place specified in the licence shall not be a place for which an occasional licence may be granted; or

(c)make any licences mentioned in sub-paragraph (a) subject to such terms and conditions as the court thinks fit.

(13) In this Article “place” includes “premises”.

(14) The premises to which this Article applies are—

(a)premises of a kind mentioned in Article 5(1)(a);

(b)an hotel;

(c)a restaurant.

Structure, etc., of licensed premisesN.I.

Consent required for certain alterations to premisesN.I.

31.—(1) An alteration shall not be made to premises for which a licence is in force if the alteration—

(a)gives increased facilities for drinking in a public or common part of the premises; or

(b)adds to the premises a public or common part in which intoxicating liquor is sold, or substitutes one such part for another; or

(c)conceals from observation a public or common part of the premises in which intoxicating liquor is sold; or

(d)affects the means of passage between the public part of the premises where intoxicating liquor is sold and the remainder of the premises or any road or other public place,

unless either—

(i)an application under this Article has been made by the holder of the licence to a county court and the court has made an order consenting to the alteration; or

(ii)the alteration is required by order of some lawful authority and, before the alteration is made, notice of the requirement is served by the holder of the licence on the clerk of petty sessions F62....

(2) The procedure for applications under paragraph (1)(i) is set out in Part I of Schedule 8, and Part II of that Schedule shall have effect in relation to notices under paragraph (1)(ii).

(3) If any alteration such as is mentioned in paragraph (1) is made to premises otherwise than in accordance with an order of the county court or an order of some lawful authority, a court of summary jurisdiction may order the holder of the licence to restore, as far as is practicable, the premises to their original condition within a period fixed by the order.

(4) The period fixed by an order under paragraph (3) may be extended by order of a court of summary jurisdiction on the application of the holder of the licence.

(5) If paragraph (1)(ii) is not complied with, the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) If the holder of the licence makes default in complying with an order under paragraph (3), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

New licence required on reconstruction of premisesN.I.

32.—(1) Subject to paragraphs (2) and (3), where licensed premises (in this Article referred to as “the original premises”) are wholly or substantially destroyed or demolished and are, or are to be, reconstructed (with or without any extension), the licence for the original premises shall, if duly renewed and not suspended, continue in force to the extent necessary—

(a)to enable an order to be made under Article 29(1) for the temporary continuance of the business in other (including temporary) premises; and

(b)to enable the licence to be surrendered as a subsisting licence in consideration of the grant of a new licence;

but shall not be authority for the sale of intoxicating liquor in the reconstructed premises.

(2) Paragraph (1) shall not apply in the case of an hotel where the destruction, demolition or reconstruction does not affect any public or common part of the premises in which intoxicating liquor is sold.

(3) Paragraph (1) shall not apply to the demolition and reconstruction of part of any premises solely in the course of an alteration which is consented to or required as mentioned in Article 31(1) or is ordered to be made as mentioned in Article 31(3).

Form, register and proof of licences, etc.N.I.

Form of licenceN.I.

33.  A licence shall be in such form as may be prescribed by regulations and shall specify—

(a)the name and address of the holder of the licence;

(b)the address of the premises for which it is granted;

(c)the kind of premises for which it is granted;

(d)the name and address of the owner of the premises;

(e)such other matters as may be prescribed by regulations.

Register of licencesN.I.

34.—[F63(1)  The Department of Justice shall cause to be kept (whether by clerks of petty sessions or otherwise) a register, in such form as may be prescribed, of licences granted under this Order; and there shall be recorded in the register in respect of each licence—]

(a)the matters which under Article 33 are required to be specified in the licence;

(b)particulars of any renewal or transfer, or the surrender, of the licence;

(c)particulars of any condition imposed under Article 7(12) or any direction given under Article 7(10) or 15(5)(a) and any cancellation of any such direction;

(d)particulars of any direction given under Article 7(13) or 15(6) and particulars of any variation or cancellation of any such direction;

(e)particulars of any protection order and of any notice served under Article 28(3);

(f)particulars of any order made under Article 8(1) or (3), 31 (1), (3) or (4), 43, 44 [F64, 44A] or 48 in respect of premises specified in the licence and of any requirement in respect of those premises notice of which is served on him under Article 31(1)(ii);

F65(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)particulars of any conviction of the licence holder of any offence such as is mentioned in Article 75(1) and of any order made in consequence of the conviction;

[F66(ha)particulars of any conviction of the licence holder of any offence under this Order and of any penalty points endorsed on the licence or any suspension order made in consequence of the conviction;]

F67(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)such other matters as may be prescribed by regulations.

(2) [F68The Department of Justice shall also arrange for the keeping of the plans received under] , Article 8(1)(b), paragraph 4 of Schedule 6 and paragraph 8 of Schedule 8, and those plans shall be deemed to be matters which are required to be, and have been, recorded in the register under paragraph (1).

F69(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F70The [F71Department of Justice] may cause such alterations to be made] in the register as are necessary to ensure that the matters recorded therein in respect of any licence are accurate.

Inspection of registerN.I.

35.  A register of licences may be inspected and copies of all or any part of any entry in the register may be taken at all reasonable hours.

[F72Information for DepartmentN.I.

36.  The Department of Justice shall, in respect of each such period as the Department may specify, arrange for a statement to be sent to the Department showing the number of premises of each of the kinds mentioned in Article 5 having a current licence and containing such other information as the Department may require]

Register of licences to be evidenceN.I.

37.—(1) A register of licences shall be received in evidence of the matters required by or under this Order to be recorded in it, and any document purporting to be certified by a clerk of petty sessions to be a true copy of an entry in the register of licences F73... shall be received in evidence of any such matters contained in the entry.

(2) On an application for the grant, provisional grant, renewal or transfer of a licence or for a protection order, the court shall have regard to the entries, if any, in the register of licences relating to the person by whom, or the premises in respect of which, the application is made.

Proof, etc., of licenceN.I.

38.—(1) A document purporting to be a licence and to be signed by the clerk of the court by which the licence was granted shall be received in evidence.

(2) A document which has been issued by [F74a clerk of petty sessions] and certified by him to contain a true copy of the particulars recorded in the register of licences in respect of that licence shall be treated for the purposes of this Order as the licence.

(3) The clerk of petty sessions may issue a document under paragraph (2) where he is satisfied that the licence has been lost or destroyed.

Provisions as to certain acquisitions of licensed premisesN.I.

Provisions as to licences where premises are acquired under statutory powersN.I.

39.  A vesting order made in exercise of powers under any statutory provision to acquire land compulsorily does not operate, where the land being acquired includes an estate in premises for which a licence is in force, to vest that licence, or a right to apply for the transfer of that licence, in the acquiring authority.

Temporary occupation of licensed premises for purpose of carrying on businessN.I.

40.—(1) Where an estate in premises for which a licence is in force is acquired (whether by agreement or otherwise) by an authority who have powers under any statutory provision to acquire land compulsorily, the authority, without prejudice to their powers under any statutory provision other than this Article, may, for the purpose of enabling the holder of the licence to carry on in those premises business under the licence or any other business to which that business is ancillary until actual possession of the premises is required by the authority, grant to the holder of the licence a right to occupy the premises upon such terms and subject to such conditions as the authority may determine and such right to occupy may be granted so as to operate retrospectively from the date of the acquisition of the premises.

(2) Until a right to occupy the premises is granted under paragraph (1) by the acquiring authority or, where the acquiring authority do not propose to grant any such right, until such date as that authority may determine, the holder of the licence shall be deemed for the purposes of Article 4(3) to have retained the estate which he held in those premises immediately before the acquisition by the authority.

(3) The expiration of any right to occupy granted under paragraph (1) or of any estate deemed to have been retained under paragraph (2) shall not be treated as an expiration of a tenancy for the purpose of paragraph 2(a)(ii) of Schedule 2.

PART IIIN.I.PERMITTED HOURS

N.I.

Prohibition of sale, etc., of intoxicating liquor outside permitted hoursN.I.

41.—(1) Except as permitted by or under this Order, a person shall not—

(a)himself or by his servant or agent—

(i)sell intoxicating liquor in licensed premises, or

(ii)permit the consumption of intoxicating liquor in licensed premises, or

(b)purchase intoxicating liquor in licensed premises, or

(c)consume intoxicating liquor in licensed premises, or

(d)take intoxicating liquor from licensed premises,

except during the permitted hours.

(2) Any person who contravenes this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) This Article shall not apply to licensed premises such as are mentioned in Article 53(1) at an international airport.

The permitted hoursN.I.

General permitted hoursN.I.

42.—(1) Subject to the succeeding provisions of this Part, the permitted hours for premises of a kind mentioned in Article 5(1), except premises of a kind mentioned in Article 5(1)(b) [F75or (m)] [F76(subject to paragraph (6))] or a place of public entertainment, are the hours—

(a)on week-days, other than F77... Christmas Day, from half past 11 in the morning to 11 in the evening; and

[F78(aa)on Sundays, other than Christmas Day, from half past 12 in the afternoon to 11 in the evening; and]

F79(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F80on Christmas Day,] from half past 12 in the afternoon to 10 in the evening.

[F81(1A) Neither paragraph (1)(aa) nor, in a year when Christmas Day is on a Sunday, paragraph (1)(c) applies in the case of premises of a kind mentioned in Article 5(1)(a) with respect to which a direction under Article 7(10) or 15(5)(a) is in force.]

(2) The permitted hours for premises of a kind mentioned in Article 5(1)(b) [F82or (m)] [F83(subject to paragraph (6))] are the hours—

(a)on week-days, other than Christmas Day, from 8 in the morning to 11 in the evening; and

(b)on Sunday, not being Christmas Day F84..., from 10 in the morning to 10 in the evening.

(3) The permitted hours for a place of public entertainment are that part of the hours mentioned in paragraph (1)(a) F85... and, in the case of [F86a cinema,] a theatre [F87or (subject to paragraph (4)) premises on a licensed track], [F88paragraph (1)(aa) and (c)] which comprises—

(a)the period of an entertainment; and

(b)periods, not exceeding 30 minutes in each case, which immediately precede the commencement and immediately succeed the termination of an entertainment.

[F89(4) The permitted hours for premises on a licensed track do not include any time on Christmas Day.

(5) In this Article, “licensed track” has the meaning given in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.]

[F90(6) In the case of premises of a kind mentioned in Article 5(1)(m) to which an order under Article 52E applies, the permitted hours for a part of the premises specified in the order on a day on which an authorisation under Article 52F has effect are the hours on that day from 4 in the afternoon to 10 in the evening.]

Alternative permitted hours for off-salesN.I.

43.—(1) In respect of premises of a kind mentioned in Article 5(1)(a),—

(a)a county court which grants a licence or declares a licence provisionally granted to be final, on the application of the person applying for the grant or declaration, or

(b)a court of summary jurisdiction, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9,

may, by order, direct that the permitted hours for a part of the premises for which the court imposes a condition under paragraph (2) shall be the hours mentioned in Article 42(2).

(2) A court shall not make an order under paragraph (1) unless it is satisfied—

(a)that a specified part of the premises is structurally adapted for the sale of intoxicating liquor for consumption off the premises, and

(b)that the specified part is not connected by any internal means of passage open to customers with a part of the premises used for the sale of intoxicating liquor for consumption in the premises,

and the court may insert in the licence a condition that the specified part shall not be used for the sale of intoxicating liquor for consumption in the premises.

(3) An order under paragraph (1) and the condition, if any, inserted under paragraph (2) may be revoked by a court of summary jurisdiction—

(a)on the application of the holder of the licence; or

(b)where, upon complaint made under Part VIII of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981, the court is not satisfied, in a case where the order was made under paragraph (1), that the condition mentioned in paragraph (2) has been, and the requirements of sub-paragraphs (a) and (b) of that paragraph have continued to be, complied with.

Orders for additional permitted hoursN.I.

44.—(1) Subject to Article 17(3), where part or parts of premises, which are or include premises to which this Article applies, are structurally adapted and used, or intended to be used, for the purpose of habitually providing, for the accommodation of persons frequenting it, such entertainment or refreshment as is mentioned in paragraph (2)(i), (ii) or (iii) and the sale of intoxicating liquor is ancillary to that entertainment or refreshment—

(a)a county court which grants a licence or declares a licence provisionally granted to be final, on the application of the person applying for the grant or declaration, or

(b)a court of summary jurisdiction, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9,

may make an order under this paragraph.

(2) An order under paragraph (1) may direct that, on such days as may be specified in the order, [F91the hours on any day from 11 in the evening to 1 in the morning of the day next following shall], in addition to the hours mentioned in Article 42(1), be included in the permitted hours for any such part or parts of the premises specified in the order for the purposes of the sale, before the provision of—

(i)musical or other entertainment; or

(ii)substantial refreshment; or

(iii)both such entertainment and refreshment;

has ended, of intoxicating liquor for consumption on any such part or parts of the premises, and the consumption of such liquor.

(3) A court shall not make an order under paragraph (1) unless it is satisfied that—

(a)the business will be conducted during the hours mentioned in paragraph (2) and any period immediately following their termination in such a manner as not to cause undue inconvenience to persons residing in the vicinity of the premises; and

(b)the hours mentioned in paragraph (2) will not cause undue inconvenience to persons residing in the vicinity of the premises.

(4) An order under paragraph (1) may be revoked by a court of summary jurisdiction on the application of the holder of the licence.

(5) Where, upon complaint made under Part VIII of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981, a court of summary jurisdiction is satisfied—

(a)that the business carried on in premises to which an order under paragraph (1) applies is being conducted during the hours mentioned in paragraph (2) or any period immediately following their termination in such a manner as to cause undue inconvenience to persons residing in the vicinity of the premises; or

(b)that such hours are causing undue inconvenience to persons residing in the vicinity of the premises; or

(c)in the case of a complaint made by the sub-divisional commander of the police sub-division in which the premises are situated, that the specified part or parts of the premises are not being used for the purpose of habitually providing entertainment or substantial refreshment or both entertainment and substantial refreshment, as the case may require,

the court may—

(i)revoke the order; or

(ii)modify the order or, in relation to the order, the hours mentioned in paragraph (2); or

(iii)make the continuance of the order subject to such terms and conditions as the court thinks fit.

(6) Nothing in this Article shall permit an order under paragraph (1) to authorise the sale of intoxicating liquor—

(a)on Christmas Day, F92... or

(b)to a person admitted to the premises—

(i)less than 30 minutes before the end of the hours mentioned in paragraph (2), or

(ii)where the provision of entertainment or substantial refreshment or both entertainment and substantial refreshment is due to cease before the end of those hours, less than 30 minutes before that cessation.

(7) Nothing in paragraph (2) shall require the provision of substantial refreshment during the 30 minutes before the end of the hours mentioned in that paragraph.

(8) In this Article “entertainment” does not include any form of entertainment given otherwise than by persons actually present and performing.

(9) No part of any premises shall be treated for the purposes of this Article as used, or intended to be used, for the purpose of habitually providing entertainment or substantial refreshment or both entertainment and substantial refreshment unless it is used, or intended to be used, for the purpose of providing such entertainment or refreshment during the hours mentioned in paragraph (2) and for a substantial period preceding the end of the general permitted hours mentioned in Article 42(1) on every day or on particular days in every week, any break for a period or periods not exceeding 2 weeks in any 3 successive months, or on any special occasion, or by reason of any emergency being disregarded.

(10) The premises to which this Article applies are—

(a)an hotel;

(b)a restaurant;

(c)a conference centre;

(d)a higher education institution;

[F93(dd)an indoor arena;]

(e)any part of premises of a kind mentioned in Article 5(1)(a) which, in the case of a part specified in an order under paragraph (1) where substantial refreshment is to be habitually provided, are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with a main table meal at midday or in the evening, or both.

[F94Public houses or hotels: order for further additional permitted hoursN.I.

44A.—(1) In the case of premises of the kind referred to in Article 5(1)(a) or an hotel, a county court or court of summary jurisdiction may, when making an order under Article 44(1), also make an order under paragraph (3) or (4) of this Article.

(2) In the case of premises of the kind referred to in Article 5(1)(a), or an hotel, to which an order under Article 44 applies, a court of summary jurisdiction may, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9, make an order under paragraph (3) or (4).

(3) An order under this paragraph may direct that, on each day specified in the order (being a day specified in the order under Article 44), an additional hour beginning immediately after the end of the period authorised by the order under Article 44 is to be included in the permitted hours for the premises to which that order applies for the purposes referred to in paragraph (2) of that Article.

(4) An order under this paragraph may direct that, on each day specified in the order (being a day other than one specified in the order under Article 44), the hours that would be included in the permitted hours if the day were one specified in the order under Article 44 and an additional hour beginning immediately after the end of those hours are to be included in the permitted hours for the premises to which that order applies.

(5) An order under paragraph (4) is subject to a condition that, during the hours authorised by the order, the premises may be used for the sale of intoxicating liquor only if they are also being used for the provision of—

(a)musical or other entertainment; or

(b)substantial refreshment; or

(c)both such entertainment and refreshment.

(6) In paragraph (5), “entertainment” has the same meaning as in Article 44 (see paragraph (8) of that Article).

(7) A court must not make an order under paragraph (3) or (4) unless the court is satisfied that—

(a)the business will be conducted during the hours mentioned in that paragraph and any period immediately following their termination in such a manner as not to cause undue inconvenience to persons residing in the vicinity of the premises; and

(b)the hours mentioned in that paragraph will not cause undue inconvenience to persons residing in the vicinity of the premises.

(8) The court may, accordingly, make the order subject to such terms and conditions as the court thinks fit for the purpose of avoiding such inconvenience as is mentioned in paragraph (7).

(9) Subject to paragraph (10), where notice of an application under paragraph (2) has been served on the clerk of petty sessions, the clerk may make the order sought as if the application had been made to the clerk and may do so in the absence of the applicant.

(10) Where—

(a)a notice of objection to the application has been served upon the clerk and has not been withdrawn, or

(b)the clerk is of the opinion, for any other reason, that the application should be made to the court,

the clerk must require the application to be made to the court and must notify the applicant and the objector, if any, of the requirement and of the time and place of the hearing.

(11) Paragraphs (6) and (7) of Article 44 apply in relation to an order under paragraph (3) or (4) of this Article as they apply in relation to an order under paragraph (1) of that Article; and for that purpose—

(a)the reference to that Article in the opening words of paragraph (6) of that Article is to be read as including a reference to this Article, and

(b)the references to paragraph (2) of that Article are to be read as references to paragraph (3) or (as the case may be) paragraphs (4) and (5) of this Article.

(12) Not more than 104 days in any year may be specified in an order or orders made under this Article.

(13) Regulations may modify paragraph (12) so as to substitute a different number of days for the number for the time being specified there.

(14) Regulations may not be made under paragraph (13) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

Orders under Article 44A: revocation, modification etc.N.I.

44B.—(1) An order under Article 44A may be revoked or modified by a court of summary jurisdiction on the application of the holder of the licence.

(2) Where a court of summary jurisdiction is, in the case of premises in relation to which an order under Article 44A has been made, satisfied for the purposes of paragraph (3), the court may act under paragraph (4) in relation to the order.

(3) A court is satisfied for the purposes of this paragraph in the case of premises if, on a complaint made under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981, it is satisfied that, on a previous day specified in an order under Article 44A in relation to the premises—

(a)the business carried on in the premises was conducted during the hours mentioned in paragraph (3) or (4) of Article 44A (as the case may be) or any period immediately following their termination in such a manner as to cause undue inconvenience to persons residing in the vicinity of the premises; or

(b)such hours caused undue inconvenience to persons residing in the vicinity of the premises; or

(c)in the case of a complaint made by the district commander for the police district in which the premises are situated, the specified part or parts of the premises were not used for the purposes mentioned in paragraph (3) or (5) of Article 44A (as the case may be).

(4) The court may—

(a)revoke the order under Article 44A that is referred to in paragraph (2) of this Article; or

(b)modify the order or, in relation to the order, the hours mentioned in paragraph (3) or (4) of Article 44A (as the case may be); or

(c)make the continuance of the order subject to such terms and conditions as the court thinks fit.]

[F95Alignment of closing time for liquor and entertainmentN.I.

44C.—(1) This Article applies in relation to any occasion on which an entertainments licence in force in respect of premises to which an order under Article 44 applies would (but for this Article) permit entertainment that was being provided in the premises to continue to be provided in the premises after the end of the hours mentioned in Article 44(2).

(2) The hours mentioned in Article 44(2) do not apply in relation to the premises on that occasion and the hours specified in Article 42 apply instead in relation to the premises on that occasion.

(3) But the entertainments licence continues in force on that occasion and accordingly permits entertainment to be provided in the premises after the end of the hours specified in Article 42.

(4) If an order under Article 44A(3) or (4) applies in relation to the premises, the references in this Article to the hours mentioned in Article 44(2) are to be read as including a reference to the additional hour authorised by that order.

(5) The references in this Article to the hours specified in Article 42 are references to those hours as extended by Article 46.

(6) In this Article—

“entertainment” has the same meaning as in Article 44, and

“entertainments licence” means a licence under paragraph 3 of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985.]

Authorisations for additional permitted hoursN.I.

45.—(1) On the application of a holder of a licence for premises of a kind mentioned in Article 5(1)(a) F96..., not less than 7 days before the [F97first] occasion to which the application relates, the sub-divisional commander for the police sub-division in which the premises are situated may, in writing, authorise the holder of the licence to sell intoxicating liquor during [F98the hours on any day from 11 in the evening to 1 in the morning of the day next following in addition to] the hours mentioned in Article 42(1), [F99on such occasions specified in the authorisation as the commander thinks fit], and any additional hours authorised under this Article shall be included in the permitted hours for those premises.

[F100(1A) In the case of premises to which an order under Article 44 applies, an authorisation under this Article is subject to a condition that, during the additional hours authorised, the premises may be used for the sale of intoxicating liquor only if they are also being used for the provision of—

(a)musical or other entertainment; or

(b)substantial refreshment; or

(c)both such entertainment and refreshment.

(1B) In paragraph (1A), “entertainment” has the same meaning as in Article 44 (see paragraph (8) of that Article).]

[F101(2) In the case of premises to which an order under Article 44 applies, not more than 20 authorisations shall be granted under this Article to the holder of the licence of the premises in any year.

(2A) In the case of premises of any other description, not more than 104 authorisations shall be granted under this Article to the holder of the licence of the premises in any year.

(2B) Regulations may modify paragraph (2) or (2A) so as to substitute a different number of authorisations for the number for the time being specified there.

(2C) Regulations may not be made under paragraph (2B) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.]

(3) Nothing in this Article shall permit an authorisation under paragraph (1) to authorise the sale of intoxicating liquor—

(a)on Christmas DayF102...; or

(b)to a person admitted to the premises less than 30 minutes before the end of the hours mentioned in that paragraph.

[F103(4) A person who intends to make an application under this Article shall—

(a)during the 3 weeks before the first occasion to which the application relates, cause notice of the application to be displayed on or near the premises for which the authorisation is to be sought;

(b)not less than 3 weeks before that time, serve a copy of the notice of the application on the district council for the district in which the premises are situated.

(5) The notice under paragraph (4) must specify the kind of premises to which the application relates and must contain such information as may be prescribed by magistrates’ courts rules.

(6) The following provisions of this Article apply where a complaint is made to a court of summary jurisdiction under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 on the grounds—

(a)that the business carried on in premises to which an authorisation under this Article applies is being conducted during the hours mentioned in paragraph (1) or any period immediately following their termination in such a manner as to cause undue inconvenience to persons residing in the vicinity of the premises; or

(b)that such hours are causing undue inconvenience to persons residing in the vicinity of the premises.

(7) Where the court is satisfied that the grounds of the complaint are made out, it may—

(a)revoke the authorisation; or

(b)modify the authorisation or, in relation to the authorisation, the hours mentioned in paragraph (1); or

(c)make the continuance of the authorisation subject to such terms and conditions as the court thinks fit.

(8) The terms and conditions which may be imposed under paragraph (7)(c) include those requested by the district commander of the police district in which the premises are situated.]

ExceptionsN.I.

Exceptions from prohibition of sale, etc., of intoxicating liquor outside permitted hoursN.I.

46.—(1) Where intoxicating liquor is sold in licensed premises during the permitted hours, Article 41 shall not prohibit or restrict—

(a)during the first [F10460 minutes] after the conclusion of the permitted hours except where the premises are—

(i)part of premises of a kind mentioned in Article 5(1)(a) with respect to which an order under Article 43 is in force; or

(ii)of a kind mentioned in Article 5(1)(b) [F105or (m)] [F106(but see paragraph (1A))] ;

the consumption or permitting consumption of the liquor in the premises;

(b)during the first [F10760 minutes] after the Inclusion of the permitted hours, the taking of the liquor from the premises in a sealed container, if the premises are—

(i)of a kind mentioned in Article 5(1)(a) (except where the liquor is taken from a part of the premises with respect to which an order under Article 43 is in force or where the liquor was sold in contravention of Article 50(1)); or

(ii)an hotel (except where the liquor was sold in contravention of Article 5(3)(b) or 50(1)).

[F108(1A) The reference in paragraph (1)(a)(ii) to premises of a kind mentioned in Article 5(1)(m) does not include a reference to premises of that kind with respect to which an order under Article 52E is in force.]

(2) Article 41 shall not prohibit or restrict—

(a)the sale of intoxicating liquor to a resident in premises of a kind mentioned in Article 5(1)(a) which provides accommodation for guests such as is mentioned in paragraph (3) or in an hotel or in a guest house; or

(b)the taking of it by a resident from such premises or hotel or, in a case to which Article 51(1)(b) applies, guest house; or

(c)the consumption or permitting consumption of it in such premises, hotel or guest house by a resident or his guests; or

(d)the dispatch, in a vehicle or receptacle, by the holder of a licence for premises which are either of a kind mentioned in Article 5(1)(a) or (b) or an hotel to which Article 5(5)(b)(ii) applies, of intoxicating liquor sold by him for delivery and consumption off the premises.

(3) The accommodation for guests to which paragraph (2) applies is accommodation—

(a)in an establishment allocated by a certificate under Article 13 of the [1992 NI 3.] Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(b) of that Order; and

(b)which conforms to the requirements, if any, prescribed by regulations made with the concurrence of the Department of Economic Development.

[F109(4) Regulations may modify paragraph (1)(a) or (b) so as to substitute “30 minutes” for “60 minutes”.

(5) Regulations may not be made under paragraph (4) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.]

Extension licencesN.I.

Extension licences for sale, etc., of liquor in certain premises outside permitted hoursN.I.

47.—(1) A court of summary jurisdiction, or a clerk of petty sessions acting under paragraph (2), may, on an application made, in compliance with the procedure set out in Schedule 10, by the holder of a licence for premises which are or include premises for which an order under Article 48 is in force, grant an extension licence authorising that person to sell intoxicating liquor by retail—

(a)in such part or parts of the premises for which an order under Article 48 is in force, and

(b)during such hours, being the hours—

(i)on week-days between half past 11 in the morning and 1 in the morning of the day next following, or

[F110(ii)on Sundays, between half past 12 in the afternoon and 1 in the morning of the day next following,]

as may be specified in the extension licence; and those hours shall, so far as not otherwise comprised in them, be included in the permitted hours for the part or parts of the premises specified in the extension licence.

(2) Subject to paragraph (3), where notice of an application for an extension licence has been served upon the clerk of petty sessions, he may grant the extension licence as if the application had been made to him and may do so in the absence of the applicant.

(3) Where—

(a)a notice of objection has been served upon the clerk and has not been withdrawn, or

(b)the clerk is of the opinion, for any other reason, that an application for the extension licence should be made to the court,

the clerk shall require the application to be made to the court and shall notify the applicant and the objector, if any, of the requirement and of the time and place of the hearing.

(4) An extension licence shall not authorise—

(a)the sale of intoxicating liquor otherwise than as ancillary to a function to which this paragraph applies which is to be held in the premises to which this Article applies during the hours specified in the licence; and

(b)the sale of intoxicating liquor for consumption off the part or parts of the premises specified in the licence.

(5) The functions to which paragraph (4) applies are—

(a)functions organised by any body established for social, charitable or benevolent purposes or for furthering the common interests of persons associated with any trade, profession, educational or cultural activity, game or sport;

(b)functions (not exceeding 6 in number in any year) organised by the licence holder.

(6) Nothing in this Article shall permit an extension licence to authorise the sale of intoxicating liquor—

(a)on Christmas Day, F111... or

(b)to a person admitted to the premises after half past 12 in the morning or, where the function is due to end before 1 in the morning, less than 30 minutes before the function is due to end.

(7) If the holder of an extension licence or any servant or agent of his sells intoxicating liquor in contravention of paragraph (4), the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) An extension licence granted in connection with a function in any premises shall, at any time during the period of the function when intoxicating liquor is sold or made available for purchase or being consumed in the premises, forthwith be produced by the person who is in charge of the sale of intoxicating liquor there for examination by a constable at his request, and if it is not so produced without reasonable excuse the holder of the licence and that person shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Suitability of certain premises for functionsN.I.

48.—(1) In respect of premises to which this Article applies,—

(a)a county court which grants a licence or declares a licence provisionally granted to be final, on the application of the person applying for the grant or declaration, or

(b)a court of summary jurisdiction, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9,

may, by order, specify any part of the premises as being suitable for functions such as are mentioned in Article 47(5).

(2) A court shall not make an order under paragraph (1) unless it is satisfied—

(a)that the part of the premises specified in the order is suitable for functions; and

(b)that—

(i)that part of the premises is structurally adapted and used or intended to be used for the purpose of providing for the accommodation of persons frequenting it substantial refreshment to which the sale of intoxicating liquor is ancillary; and

(ii)suitable means of access to that part of the premises, otherwise than through any other part of the premises which is used for the sale of intoxicating liquor, are available for customers.

(3) An order under paragraph (1) may be revoked by a court of summary jurisdiction—

(a)on the application of the holder of the licence; or

(b)where, on complaint made under Part VIII of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 the court is not satisfied that the requirements of paragraph (2)(a) and (b) have continued to be complied with.

(4) The premises to which this Article applies are—

(a)an hotel;

(b)a restaurant;

(c)a conference centre;

(d)a higher education institution;

[F112(dd)an indoor arena;]

[F113(de)an outdoor stadium;]

(e)any part of premises of a kind mentioned in Article 5(1)(a) which are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with a main table meal at midday or in the evening, or both.

[F114Major event ordersN.I.

Extension of permitted hours for major eventsN.I.

48A.—(1) Where the Department considers that an event which is to take place in Northern Ireland will attract significant public interest (whether throughout Northern Ireland or in certain areas only), it may make an order (a “major event order”) which—

(a)designates the event as a major event, and

(b)provides that, during the period specified in the order, the permitted hours for any place or premises to which the order applies are the hours specified in the order.

(2) A major event order may apply to—

(a)all licensed premises either in Northern Ireland as a whole or in the area or areas specified;

(b)all licensed premises of a specified kind either in Northern Ireland as a whole or in the area or areas specified;

(c)any place or premises for which an occasional licence has been granted and which is or are situated on the site where the event is to take place.

(3) In specifying an area for the purposes of paragraph (2)(a) or (b), a major event order may in particular do so by reference to the place or premises at which the event is to take place or the area in the vicinity of the place or premises.

(4) The Department may vary or revoke a major event order; and the circumstances in which it may revoke an order include, in a case where the period specified under paragraph (1)(b) includes two or more days, circumstances in which it considers it necessary to do so because of disorder, or expected disorder, at or in the vicinity of the place or premises at which the event is taking place.

(5) The period specified in a major event order may not include Christmas Day.

(6) The hours specified in a major event order are in addition to the hours permitted by any occasional licence, any order under Article 44 or 44A, any authorisation under Article 45 or any extension licence, which applies to a place or premises to which the major event order applies.

(7) If, in the case of premises to which an order under Article 44, 44A or 48 applies, the event designated by a major event order is to take place on a day which is not specified in an order under Article 44 or 44A or an extension licence, the major event order has effect as if that day were so specified.

(8) A major event order may make consequential, incidental or supplementary provision (including provision which modifies provisions of this Order for the purpose of giving effect to the major event order).

(9) Before making a major event order, the Department must consult such persons as it considers appropriate.

Major event order: conditionsN.I.

48B.—(1) A major event order may impose conditions; and it may (without prejudice to the generality of section 17(5)(b)(ii) of the Interpretation Act (Northern Ireland) 1954) impose conditions which, in particular, vary according to whether they relate to the sale of intoxicating liquor for consumption on, or for consumption off, a place or premises.

(2) A major event order may not authorise at any place or premises, other than the place or premises at which the event is to take place, the sale of intoxicating liquor for consumption off that place or premises.

(3) Accordingly, a major event order may, in so far as it applies to a place or premises for which an occasional licence has been granted, authorise during the period specified under Article 48A(1)(b) the sale of intoxicating liquor for consumption off the place or premises specified in the licence, despite the prohibition in Article 30(5)(b).

(4) Paragraphs (2) and (3) do not apply in the case of a place or premises for which an occasional licence has been granted to the holder of a licence for a restaurant.

(5) A major event order which authorises the sale of intoxicating liquor for consumption in a place or premises also authorises, during the first 60 minutes after the conclusion of the hours specified in the order, the consumption of intoxicating liquor in the place or premises.

(6) A major event order which authorises the sale of intoxicating liquor for consumption off any place or premises also authorises, during the first 60 minutes after the conclusion of the hours specified in the order, the taking of intoxicating liquor in a sealed container from the place or premises.

(7) Regulations under Article 46(4) may also modify paragraph (5) or (6) of this Article so as to substitute “30 minutes” for “60 minutes”.

(8) A major event order, in so far as it applies to premises of any of the kinds mentioned in Article 5(1), does not affect the requirement to comply with the conditions relating to the sale of intoxicating liquor which apply to premises of that kind.

(9) Any person acting in contravention of a condition imposed by a major event order is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

MiscellaneousN.I.

Power of Secretary of State to vary hours in certain circumstancesN.I.

F11549.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IVN.I.CONDUCT OF LICENSED PREMISES, ETC.

Conditions for sale, etc., of intoxicating liquor applicable to certain licencesN.I.

Restriction as to sale, etc., of intoxicating liquor for consumption off the premisesN.I.

50.—(1) The holder of a licence for premises of a kind mentioned in Article 5(1)(a) or an hotel shall not, himself or by his servant or agent, sell intoxicating liquor to, or make it available for purchase by, any person for consumption off the premises on Christmas Day F116....

(2) Any person acting in contravention of paragraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Paragraph (1) shall not prohibit or restrict the selling of intoxicating liquor for consumption off the premises to a resident in premises of a kind mentioned in Article 5(1)(a) which provides accommodation for guests such as is mentioned in Article 46(3) or an hotel or the taking of it by him from such premises or hotel.

Conditions as to sale, etc., in guest houses and restaurantsN.I.

51.—(1) Subject to paragraph (2), where a guest house is licensed for the sale of intoxicating liquor, the holder of the licence shall not, himself or by his servant or agent, sell such liquor to, or make it available for purchase by, any person or permit it to be consumed by any person unless the intoxicating liquor is sold to a resident and is consumed by him or his guest either—

(a)on the premises; or

(b)with a meal supplied at, but consumed off, the premises.

(2) Where there is carried on the business of a restaurant in the premises of a guest house licensed for the sale of intoxicating liquor, paragraph (3) shall apply to the sale and consumption of intoxicating liquor in the restaurant as it applies to a restaurant which is licensed for the sale of intoxicating liquor [F117; and paragraph (4A) shall apply in relation to the restaurant.]

(3) Where a restaurant is licensed for the sale of intoxicating liquor, the holder of the licence shall not, himself or by his servant or agent, sell such liquor to, or make it available for purchase by, any person or permit it to be consumed by any person unless the conditions specified in paragraph (4) are complied with.

(4) The conditions mentioned in paragraph (3) are—

(a)that the intoxicating liquor is sold for consumption and is consumed—

(i)as ancillary to a main table meal; and

(ii)in a part of the restaurant set apart for the service of such meals or for the service of intoxicating liquor and other beverages to diners before or after such meals; and

(b)that suitable beverages other than intoxicating liquor (including drinking water) are also made available for consumption; and

(c)that the intoxicating liquor is paid for at the same time, and on the same bill, as the meal; and

(d)that no payment by way of entrance fee to the premises containing the restaurant shall be made; and

(e)any conditions prescribed by regulations for the purposes of this Article.

[F118(4A) Where a restaurant is licensed for the sale of intoxicating liquor, the holder of the licence must at all times display the notice specified in paragraph (4B)—

(a)at each part of the restaurant mentioned in paragraph (4)(a)(ii); and

(b)in a position where it is readily visible to any person seeking to purchase intoxicating liquor.

(4B) The notice referred to in paragraph (4A) must—

(a)contain such information in relation to the conditions mentioned in paragraph (3) as is prescribed in regulations, and

(b)be in such form and of such dimensions as are so prescribed.]

(5) Any person acting in contravention of paragraph (1), (2) or (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F119(6) A holder of a licence acting in contravention of paragraph (4A) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Places of public entertainmentN.I.

52.—(1) Where a place of public entertainment of any description is licensed for the sale of intoxicating liquor, such liquor shall not be sold or made available for purchase there, except where—

(a)it is sold to, or made available for purchase by, persons employed or attending an entertainment in the premises; and

(b)other beverages and food are also made available for purchase; and

(c)any conditions prescribed by regulations applying to places of public entertainment of that description are observed.

(2) If paragraph (1) is contravened the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F120[F121Indoor arenas and outdoor stadia] N.I.

52A.—(1) Where an indoor arena [F122or outdoor stadium] is licensed for the sale of intoxicating liquor, such liquor shall not be sold or made available for purchase there, except where—

(a)it is sold to, or made available for purchase by, persons employed or attending events and activities in the premises; and

(b)other beverages and food are also made available for purchase.

(2) If paragraph (1) is contravened the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

[F123Local producer’s licence: sales on own premisesN.I.

52B.—(1) A local producer’s licence shall not authorise—

(a)the sale of intoxicating liquor unless it is produced in the production premises;

(b)the sale of intoxicating liquor for consumption in the production premises, except in so far as that is permitted by Articles 52E and 52F.

(2) But a local producer’s licence shall, where one or more persons are being given a tour of the production premises, authorise the provision to each person of a sample of intoxicating liquor produced in the premises for consumption in the premises, so long as no charge is made for providing the sample separate from the charge made for giving the tour.

(3) In paragraph (2), “sample”, in relation to intoxicating liquor, means an amount (whether in one serving or more) which does not exceed the amount prescribed in regulations.

(4) Where the holder of a local producer’s licence, personally or by a servant or agent, sells intoxicating liquor or makes it available for purchase in the production premises in contravention of paragraph (1), the holder is guilty of an offence.

(5) Where the holder of a local producer’s licence, personally or by a servant or agent, provides a person with intoxicating liquor in contravention of paragraph (2), the holder is guilty of an offence.

(6) Where intoxicating liquor is available for purchase in accordance with this Article, the holder of the local producer’s licence shall at all times display in the production premises a notice in the form and manner, and containing the information, prescribed by regulations; and a person acting in contravention of this paragraph is guilty of an offence.

(7) Where, having purchased intoxicating liquor from the holder of a local producer’s licence, a person consumes the liquor—

(a)in the production premises, or

(b)in premises which adjoin or are near the production premises and which belong to the holder of the licence or are under the holder’s control or used by the holder’s permission,

that person and the holder of the licence, if the consumption is with the holder’s or a servant’s or agent’s knowledge or consent, are each guilty of an offence.

(8) A person guilty of an offence under paragraph (4) is liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

(9) A person guilty of an offence under paragraph (5), (6) or (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) In this Article and Articles 52C to 52F—

“local producer’s licence” means a licence for premises of a kind mentioned in Article 5(1)(m), and

“production premises”, in relation to a local producer’s licence, means the premises to which the licence relates.

Local producer’s licence: sale on other licensed premisesN.I.

52C.—(1) A local producer’s licence shall authorise the holder of the licence, personally or by a servant or agent, to sell by retail in licensed premises to which this Article applies intoxicating liquor produced in the production premises if the sale—

(a)is for consumption off those licensed premises, and

(b)is ancillary to an event which is held wholly or mainly to promote food, drink or craftwork produced in Northern Ireland or relates to agriculture in Northern Ireland.

(2) The licensed premises to which this Article applies are—

(a)an hotel;

(b)a conference centre;

(c)an indoor arena;

(d)an outdoor stadium;

(e)a place or premises specified in an occasional licence.

(3) Regulations may modify paragraph (2) so as to add or remove a reference to licensed premises of a specified kind.

(4) Regulations may not be made under paragraph (3) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(5) Where the holder of a local producer’s licence, personally or by a servant or agent, sells intoxicating liquor or makes it available for purchase in contravention of paragraph (1), the holder is guilty of an offence.

(6) Where intoxicating liquor is made available for purchase in accordance with this Article, the holder of the local producer’s licence shall at all times display in the licensed premises to which this Article applies at the point of sale of the intoxicating liquor a notice in the form and manner, and containing the information, prescribed in regulations; and a person acting in contravention of this paragraph is guilty of an offence.

(7) A person guilty of an offence under paragraph (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

(8) A person guilty of an offence under paragraph (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Local producer’s licence: sales not on licensed premisesN.I.

52D.—(1) A local producer’s licence shall authorise the holder of the licence, personally or by a servant or agent, to sell by retail in a place which is not licensed premises intoxicating liquor produced in the production premises if the sale—

(a)is for consumption away from that place, and

(b)is ancillary to an event being held at that place, which is open to the public and in relation to which each of the following three conditions is satisfied.

(2) The first condition is that the Department, in response to a request made by the person organising the event, has published a statement that, in its opinion, the event—

(a)is being held to promote food, drink or craftwork produced in Northern Ireland or relates to agriculture in Northern Ireland, and

(b)is of importance to the area of Northern Ireland in which it is being held.

(3) The second condition is that a senior local police officer, in response to a request made by the person organising the event, has given the person written approval for intoxicating liquor to be sold at the event for consumption away from the place where the event is being held.

(4) The third condition is that a senior local police officer, in response to a request made by the holder of the local producer’s licence, has given the holder written approval for the sale by the holder, or a servant or agent, of intoxicating liquor at the event in accordance with this Article.

(5) A request under paragraph (2), (3) or (4) must be made in writing at least two weeks before the day (or the first day) on which the event is due to be held.

(6) In considering a request under paragraph (2), the Department must consult such persons as it considers appropriate.

(7) The holder of a local producer’s licence is also authorised to provide any person at the event in question with a sample of the intoxicating liquor for consumption at the event as an inducement to purchase the intoxicating liquor; and for this purpose, “sample” has the same meaning as in Article 52B.

(8) A person who, being the holder of a local producer’s licence, personally or by a servant or agent, sells intoxicating liquor or makes it available for purchase in contravention of paragraph (1), is guilty of an offence.

(9) Where the holder of a local producer’s licence, personally or by a servant or agent, provides a person with intoxicating liquor in contravention of paragraph (7), the holder is guilty of an offence.

(10) Where intoxicating liquor is made available for purchase in accordance with this Article, the holder of the local producer’s licence shall at all times display at the point of sale of the intoxicating liquor a notice in the form and manner, and containing the information, prescribed by regulations; and a person acting in contravention of this paragraph is guilty of an offence.

(11) Where, having purchased intoxicating liquor from the holder of a local producer’s licence, a person consumes the liquor at the place where the event is being held, that person and the holder of the licence, if the consumption is with the holder’s or a servant’s or agent’s knowledge or consent, are each guilty of an offence.

(12) A person guilty of an offence under paragraph (8) is liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

(13) A person guilty of an offence under paragraph (9), (10) or (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(14) In this Article—

“place” includes “premises”, and

“senior local police officer” means a police officer of, or above, the rank of inspector designated for the purpose of giving approvals under this Article by the district commander for the police district in which the place where the event is being held is situated.]

[F124Local producer’s premises: suitability for on-salesN.I.

52E.—(1) In respect of premises which are of a kind mentioned in Article 5(1)(m) and part of which is structurally adapted, and used or intended to be used, for the purpose of providing persons frequenting the premises with intoxicating liquor produced in the premises for consumption in the premises—

(a)a county court which grants a local producer’s licence or declares a local producer’s licence provisionally granted to be final, on the application of the person applying for the grant or declaration, or

(b)a court of summary jurisdiction, at any time, on the application of the holder of the local producer’s licence made in compliance with the procedure set out in Schedule 9,

may, by order, specify any part of the premises as being suitable for the sale of intoxicating liquor produced in the premises for consumption in the premises during the hours specified in Article 42(6).

(2) A court shall not make an order under paragraph (1) unless it is satisfied that the part of the premises specified in the order is suitable for the sale of intoxicating liquor produced in the premises for consumption in the premises.

(3) An order under paragraph (1) may be revoked by a court of summary jurisdiction—

(a)on the application of the holder of the licence; or

(b)where, on complaint made under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981, the court is not satisfied that the requirements of paragraph (2) have continued to be complied with.]

[F125Local producer’s premises: authorisation for on-salesN.I.

52F.—(1) In the case of premises of a kind specified in Article 5(1)(m) in respect of which an application has been made for an order under Article 52E, the court hearing the application may, if it makes the order, also grant an authorisation under this Article on an application made in compliance with the procedure set out in Schedule 10.

(2) In the case of premises of that kind in respect of which an order under Article 52E has effect, a court of summary jurisdiction may, on an application made in compliance with the procedure set out in Schedule 10, grant an authorisation under this Article.

(3) An authorisation under this Article may authorise the holder of the local producer’s licence, on the day and during the hours specified in the authorisation, to sell in the part of the premises to which the order under Article 52E applies intoxicating liquor produced in the production premises for consumption in that part of the premises.

(4) Not more than 104 authorisations shall be granted under this Article to the holder of a local producer’s licence in any year.

(5) Regulations may modify paragraph (4) so as to substitute a different number of authorisations for the time being specified there.

(6) Regulations may not be made under paragraph (5) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(7) Nothing in this Article permits an authorisation under this Article to authorise the sale of intoxicating liquor on Christmas Day.

(8) Where the holder of a local producer’s licence, personally or by a servant or agent, sells intoxicating liquor or makes it available for purchase in contravention of an authorisation under this Article, the holder is guilty of an offence.

(9) Where intoxicating liquor is made available for purchase in accordance with an authorisation under this Article, the holder of the local producer’s licence shall at all times display in the part of the premises to which the order under Article 52E applies a notice in the form and manner, and containing the information, prescribed in regulations; and a person acting in contravention of this paragraph is guilty of an offence.

(10) A person guilty of an offence under paragraph (8) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(11) A person guilty of an offence under paragraph (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

International airportsN.I.

53.—(1) Where any licensed premises are within the examination station approved under section 22 of the [1979 c. 2.] Customs and Excise Management Act 1979 for an airport the Department may, by order, specify the airport as an international airport.

(2) The Department shall not specify an airport as an international airport unless—

(a)it appears to it that there is a substantial amount of international passenger traffic at the airport; and

(b)it is satisfied that arrangements have been made for affording reasonable facilities on licensed premises within the examination station referred to in paragraph (1) at the airport for obtaining hot and cold beverages other than intoxicating liquor at all times when such liquor is obtainable for consumption in the premises.

(3) Where it appears to the Department that at any airport specified as an international airport by order under paragraph (1) the arrangements referred to in paragraph (2)(b) are not being maintained, it shall revoke that order in relation to the airport, but without prejudice to its power of making a further order with respect to it.

Seamen's canteensN.I.

54.—(1) Where a seamen's canteen is licensed for the sale of intoxicating liquor, such liquor shall not be sold or made available for purchase there, except where—

(a)it is sold to, or made available for purchase by, persons who are entitled to use the canteen under rules in force under Article 77; and

(b)other beverages and food are also made available for purchase.

(2) If paragraph (1) is contravened the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F126Self-service and vending machinesN.I.

Prohibition on self-service and sales by vending machinesN.I.

54A.—(1) In any licensed premises, intoxicating liquor must not be sold or made available for purchase for consumption in or off the premises in a form which would enable a person to whom it was sold (or a person that person is with) to operate the dispenser of the liquor.

(2) In any licensed premises, intoxicating liquor must not be sold or made available for purchase for consumption in or off the premises by means of a vending machine.

(3) The activities prohibited by this Article include making available in a public or common part of the premises concerned intoxicating liquor for consumption in or off the premises which, in the absence of the licence holder or a servant or agent, persons are trusted by the licence holder—

(a)to pay for by placing money in a container, or by some other process, which the licence holder has provided for that purpose in a public or common part of the premises, or

(b)to agree to pay for by recording by a process which the licence holder has provided for that purpose in a public or common part of the premises the intoxicating liquor appropriated.

(4) Regulations may provide that, where prescribed conditions are satisfied, paragraph (2) does not apply in the case of—

(a)licensed premises within Article 5(1)(a) which provide accommodation for guests such as is mentioned in Article 46(3);

(b)licensed premises within Article 5(1)(c);

(c)licensed premises within Article 5(1)(d).

(5) A holder of a licence acting in contravention of paragraph (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

General provisions regulating sale, etc., possession and delivery of intoxicating liquorN.I.

Restrictions on sale of certain kinds of alcoholN.I.

55.—(1) A person shall not, himself or by his servant or agent, sell, make available for purchase or supply in any licensed premises any liquor which consists of or is mixed with any alcohol of a kind other than ethyl alcohol.

(2) Any person acting in contravention of paragraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Penalty for permitting consumption of intoxicating liquor in unlicensed part of premisesN.I.

56.—(1) Where part or parts of any premises (other than premises of a kind mentioned in Article 5(1)(a) which provides accommodation for guests such as is mentioned in Article 46(3), premises of a kind mentioned in Article 5(1)(b) [F127or (m)] , an hotel or a guest house) are licensed premises the holder of the licence, himself or by his servant or agent, shall not permit any other person to consume intoxicating liquor in any other part of the premises.

[F128(1A) The exception in paragraph (1) for premises of a kind mentioned in Article 5(1)(m) does not apply to premises of that kind to which an order under Article 52E applies during the period for which an authorisation under Article 52F has effect.]

(2) If paragraph (1) is contravened the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where the holder of a licence is charged with an offence under this Article it shall be a defence to prove—

(a)that the liquor was supplied by the person in charge of the business carried on under the licence at the expense of the holder or that person; and

(b)that it was consumed by either—

(i)the holder of the licence or that person, or his guests; or

(ii)persons employed in the premises for the purposes of the business carried on under the licence; and

(c)that it was consumed in a part of the premises to which the public do not have access.

Penalty for breach of terms of off-licenceN.I.

57.—(1) Where, having purchased intoxicating liquor from the holder of an off-licence or his servant or agent, a person consumes the liquor—

(a)in the licensed premises, or

(b)in premises which adjoin or are near the licensed premises and which belong to the holder of the licence or are under his control or used by his permission,

then, that person and the holder of the licence, if the consumption is with his or his servant's or agent's knowledge or consent, shall be guilty of an offence.

(2) If the holder of an off-licence, himself or by his servant or agent, with intent to evade the terms of the licence takes any intoxicating liquor from the licensed premises for the purpose of its being sold on his account or for his benefit or profit, he shall be guilty of an offence.

(3) A person guilty of an offence under paragraph (1) or (2) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) For the purposes of paragraph (2), if liquor is taken for the purpose of its being consumed in any premises or place belonging to the holder of the licence, or used or occupied by him, the burden of proving that he did not intend to evade the terms of the licence shall lie upon him.

(5) In this Article “off-licence” means a licence for premises of a kind mentioned in Article 5(1)(b).

[F129Restrictions on off-sales drinks promotions in supermarkets etc.N.I.

57ZA.—(1) In the case of licensed premises of a kind mentioned in Article 5(1)(b) (other than premises the whole of which may be used for the sale of intoxicating liquor), the holder of the licence, personally or by a servant or agent, or such a servant or agent, must not carry on an off-sales drinks promotion relating to those licensed premises on any part of the premises of which the licensed premises form part other than a part in which intoxicating liquor is made available for purchase.

(2) In the case of licensed premises of a kind mentioned in Article 5(1)(b), the holder of the licence, personally or by a servant or agent, or such a servant or agent, must not carry on an off-sales drinks promotion relating to those licensed premises—

(a)anywhere in the vicinity of the premises of which the licensed premises form the whole or part, or

(b)anywhere in the vicinity of any other premises of which licensed premises of a kind mentioned in Article 5(1)(b) form the whole or part.

(3) In paragraph (2), the reference to the vicinity of premises is to the area that extends 200 metres from the boundary of the premises.

(4) Regulations may modify paragraph (3) so as to substitute a different distance for the distance for the time being specified there.

(5) A person acting in contravention of paragraph (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) In this Article, “off-sales drinks promotion”, in relation to licensed premises, means an activity which promotes, or seeks to promote, in relation to those premises specifically the purchase on the premises of intoxicating liquor for consumption off the premises.

(7) A reference in this Article to carrying on an off-sales drinks promotion in relation to licensed premises—

(a)includes a reference to displaying or making available a publication which relates wholly or mainly to promoting the purchase on those premises of intoxicating liquor for consumption off the premises;

(b)does not include a reference to carrying on an activity which promotes, or seeks to promote, the purchase of intoxicating liquor as part of a combination of products designed to constitute a meal;

(c)does not include a reference to the provision of a scheme of the kind referred to in Article 57ZB.

(8) Regulations may not be made under paragraph (4) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.]

[F130Prohibition of loyalty schemesN.I.

57ZB.—(1) The holder of a licence for premises of any kind mentioned in Article 5(1) must not operate a scheme which—

(a)provides awards to a member of the scheme in consequence of the purchase by the member of intoxicating liquor in the premises, and

(b)entitles the member to redeem the awards, in the amount specified in the scheme, in exchange for the opportunity to purchase intoxicating liquor at a reduced price or to receive it free of charge.

(2) A person acting in contravention of paragraph (1) is guilty of an offence and is liable on conviction to a fine not exceeding level 5 on the standard scale.]

[F131Irresponsible drinks promotionsN.I.

57A—(1) Regulations may prohibit or restrict the holder of a licence or the licence holder's servant or agent from carrying on an irresponsible drinks promotion on or in connection with the licensed premises.

(2) A drinks promotion is irresponsible if it—

(a)relates specifically to any intoxicating liquor likely to appeal largely to persons under the age of 18,

(b)involves the supply of any intoxicating liquor free of charge or at a reduced price on the purchase of one or more drinks (whether or not intoxicating liquor),

(c)involves the supply free of charge or at a reduced price of one or more extra measures of intoxicating liquor on the purchase of one or more measures of the liquor,

(d)involves the supply of unlimited amounts of intoxicating liquor for a fixed charge (including any charge for entry to the premises),

(e)encourages, or seeks to encourage, a person to buy or consume a larger measure of intoxicating liquor than the person had otherwise intended to buy or consume,

(f)is based on the strength of any intoxicating liquor,

(g)rewards or encourages, or seeks to reward or encourage, consuming intoxicating liquor quickly, or

(h)offers intoxicating liquor as a reward or prize, unless the liquor is in a sealed container and consumed off the premises.

(3) Sub-paragraphs (b) to (d) of paragraph (2) apply only to a drinks promotion carried on in relation to intoxicating liquor sold for consumption on the premises.

(4) Regulations may modify paragraph (2) or (3) so as to—

(a)add further descriptions of drinks promotions,

(b)modify any of the descriptions of drinks promotions for the time being listed in it, or

(c)extend or restrict the application of any of those descriptions of drinks promotions.

(5) A person who contravenes any provision of regulations made under this Article is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) Regulations shall not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(7) In this Article “drinks promotion” means, in relation to any licensed premises, any activity which promotes, or seeks to promote, the buying or consumption of any intoxicating liquor on the premises.]

Special provision with respect to young personsN.I.

Young persons prohibited from certain premisesN.I.

58.—(1) During the permitted hours a person under the age of 18 shall not be in—

(a)any part of premises of a kind mentioned in Article 5(1)(a) which is—

(i)structurally adapted for the sale of intoxicating liquor for consumption off the premises; and

(ii)not connected by any internal means of passage open to customers with a part of the premises used for the sale of intoxicating liquor for consumption in the premises;

(b)any part of premises of a kind mentioned in Article 5(1)(b) [F132or (m)] [F133in which intoxicating liquor is made available for purchase];

(c)any part of any other licensed premises which—

(i)contains a bar; or

(ii)is used exclusively or mainly for the sale and consumption of intoxicating liquor.

(2) The holder of a licence himself or by his servant or agent, or such a servant or agent, shall not allow a person under the age of 18 to be in any part of the licensed premises as mentioned in paragraph (1) during the permitted hours.

(3) A person shall not cause or procure any person under the age of 18 to go to, or to be in, any part of licensed premises as mentioned in paragraph (1) during the permitted hours.

(4) Paragraphs (1) and (2) shall not apply with respect to a person under the age of 18 who is in a part of premises mentioned in paragraph (1)(a) or (b) and is in the company of a person who is 18 or over.

[F134(4A) Paragraphs (1) and (2) shall not apply with respect to a person under the age of 18 who is in a part of licensed premises in the evening at any time after half past 9 if—

(a)a private function is being held in that part of the premises (and, accordingly, the public do not have access to that part of the premises while the function is being held);

(b)the person under 18 is attending the function in the company either of a parent of that person or of a parent of another person who is under 18 and attending the function;

(c)a meal consisting of at least a main course is being served at the function; and

(d)the person under 18 does not consume any part of the meal at a counter or structure which is being used wholly or mainly as a bar.]

(5) Paragraphs (1), (2) and (3) shall not apply with respect to a person under the age of 18 who is in a part of licensed premises [F135mentioned in paragraph (1)(c)] [F136, or who is in licensed premises of a kind mentioned in Article 5(1)(m) to which an order under Article 52E applies at a time when an authorisation under Article 52F has effect,] if—

(a)the person under 18 is in the company of a person who is 18 or over; F137...

F137(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)where the premises contain a bar, the person under the age of 18 is seated at a table away from the bar;

[F138and

(ca)the person under the age of 18 is in the premises at a time when meals, and beverages suitable for persons under that age (including drinking water), are also available for consumption on the premises;]and

(d)[F139the person under the age of 18 is not in the premises in the evening at any time after 9] or paragraph (6) applies.

(6) This paragraph applies where—

(a)the person under the age of 18, or a person in whose company he is, is consuming a meal purchased [F140before 9 in the evening] , and

[F141(b)the person under the age of 18 is not in the premises in the evening at any time after half past 9.]

F142(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F143(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Any person acting in contravention of paragraph (1), (2) [F145or (3)] shall be guilty of an offence and shall be liable on summary conviction—

(a)for a contravention of paragraph (1) F146..., to a fine not exceeding level 3 on the standard scale;

(b)for a contravention of paragraph (2) [F147or (3)] , to a fine not exceeding level 4 on the standard scale.

(11) In any proceedings for an offence by reason of a contravention of paragraph (2) F148... it shall be a defence—

(a)in the case of proceedings against the holder of the licence for an offence committed by his servant or agent, for the holder of the licence to prove that he exercised all due diligence to avoid the commission of such an offence; or

(b)in any other case, for the holder of the licence or his servant or agent to prove—

(i)that he exercised all due diligence to avoid the commission of such an offence; or

(ii)that he had no reason to suspect that the person under the age of 18 had not attained that age.

[F149(11A) Without prejudice to any other means of proving the exercise of all due diligence, for the purposes of paragraph (11) the holder of the licence or his servant or agent is to be treated as having exercised all due diligence to avoid the commission of an offence if—

(a)the holder of the licence or his servant or agent was shown any of the documents specified in paragraph (11B); and

(b)that document would have convinced a reasonable person.

(11B) The documents referred to in paragraph (11A)(a) are any document purporting to be—

(a)a passport;

(b)a photocard driving licence;

(c)an electoral identity card;

(d)a photographic identity card of a type approved by the British Retail Consortium for the purposes of its Proof of Age Scheme; or

(e)such other document, or a document of such other description, as may be prescribed by regulations.]

(12) Where a person under the age of 18 represents himself to be the age of 18 or over for the purpose of being in any part of licensed premises as mentioned in paragraph (1) during the permitted hours, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13) Nothing in this Article shall apply with respect to a person under the age of 18 who is—

(a)a child of the licence holder; or

(b)a person who has attained the age which is the upper limit of compulsory school age and is—

(i)employed by the holder of the licence under a contract in writing; or

(ii)receiving training under a scheme approved by the Department of Economic Development; or

(iii)engaged in a placement scheme as part of a further or higher education course; or

(c)resident in the licensed premises, but not employed there; or

(d)in a part of licensed premises as mentioned in paragraph (1) solely for the purposes of passing to or from some other part of the premises which is not such a part as aforesaid and to or from which there is no other convenient means of access; or

(e)in a refreshment room in public transport premises or in a room constructed, fitted and intended to be used for any purpose to which the holding of a licence is ancillary.[F150 or]

[F150(f)in any part of an indoor arena (which is not a room or other place set apart as a bar) containing a kiosk or other salespoint from which food and beverages, including intoxicating liquor, are made available for purchase][F151; or

(g)in any part of an outdoor stadium containing a kiosk or other salespoint from which food and beverages, including intoxicating liquor, are made available for purchase.][F152; or

(h)in a part of the licensed premises for which an order under Article 58A is in force during a period for which an authorisation under Article 58B is in force or during the first 30 minutes after the authorisation has ceased to be in force.]

(14) Where a person under the age of 18 who is found in any part of 4 licensed premises as mentioned in paragraph (1) is employed by, or in training or placement with, the holder of the licence, that person or the holder shall, at the request of a constable, produce the written contract or other proof of training or placement within 7 days of the request to, or in accordance with reasonable directions of, the constable for examination, and if it is not so produced that person or, as the case may be, the holder shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

[F153Suitability of certain premises for underage functionsN.I.

58A.—(1) In respect of premises to which this Article applies—

(a)a county court which grants a licence or declares a licence provisionally granted to be final, on the application of the person applying for the grant or declaration, or

(b)a court of summary jurisdiction, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9,

may, by order, specify any part of the premises as being suitable for underage functions.

(2) In this Article and Article 58B, “underage function” means a function which is designed to appeal to persons under the age of 18 in particular.

(3) A court must not make an order under paragraph (1) unless it is satisfied—

(a)that the part of the premises specified in the order is structurally adapted for the purpose of having functions held in it;

(b)that appropriate steps have been taken for securing the safety of persons under the age of 18 while attending an underage function in that part of the premises and that it is otherwise suitable for underage functions;

(c)that suitable arrangements are in place for securing that persons under the age of 18 attending the function do not have access to any other part of the premises which is used for the sale of intoxicating liquor.

(4) An order under paragraph (1) may be revoked by a court of summary jurisdiction—

(a)on the application of the holder of the licence; or

(b)where, on complaint made under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981, the court is not satisfied that the requirements of paragraph (3) have continued to be complied with.

(5) The premises to which this Article applies are—

(a)any part of premises of a kind mentioned in Article 5(1)(a) which is structurally adapted, and used or intended to be used, for the purpose of providing persons frequenting the premises with a main table meal at midday or in the evening, or both;

(b)an hotel;

(c)a restaurant;

(d)a conference centre;

(e)a higher education institution;

(f)an indoor arena;

(g)an outdoor stadium.

Authorisations for underage functionsN.I.

58B.—(1) A court of summary jurisdiction, or a clerk of petty sessions acting under paragraph (3), may, on an application made in compliance with the procedure set out in Schedule 10 by the holder of a licence for premises which are or include premises for which an order under Article 58A is in force, grant an authorisation under this Article.

(2) An authorisation under this Article may authorise the holder of the licence to hold an underage function—

(a)in such part of the premises for which the order is in force as is specified in the authorisation, and

(b)on the day so specified during such hours as are so specified ending no later than 1 in the morning of the next day.

(3) Subject to paragraph (4), where notice of an application for an authorisation under this Article has been served upon the clerk of petty sessions, the clerk may grant the authorisation as if the application had been made to the clerk and may do so in the absence of the applicant.

(4) Where—

(a)a notice of objection has been served upon the clerk and has not been withdrawn, or

(b)the clerk is of the opinion, for any other reason, that an application for an authorisation under this Article should be made to the court,

the clerk must require the application to be made to the court and must notify the applicant and the objector, if any, of the requirement and of the time and place of the hearing.

(5) It is a condition of an authorisation under this Article that, during the period for which the authorisation is in force—

(a)each dispenser of intoxicating liquor in the part of the premises for which the authorisation is in force must be incapable of operation, and

(b)access to any other container of intoxicating liquor in that part must be prevented.

(6) A court of summary jurisdiction which grants an authorisation under this Article may attach to the authorisation such other conditions as the court thinks fit.

(7) In the case of an indoor arena, the references in paragraph (5) to the part of the premises for which the authorisation is in force are to be read as including a reference to any entrance to that part.

(8) If a condition attached to the authorisation is contravened, the holder of the licence is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) The holder of a licence, personally or by a servant or agent, or such a servant or agent, must not, during the period for which an authorisation under this Article is in force—

(a)sell intoxicating liquor to, or make it available for purchase by, a person aged 18 or over in the part of the premises for which the authorisation is in force;

(b)permit a person aged 18 or over to consume intoxicating liquor in the part of the premises for which the authorisation is in force.

(10) A person who contravenes paragraph (9) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) A person aged 18 or over who consumes intoxicating liquor in a part of premises for which an authorisation under this Article is in force is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Children's certificatesN.I.

F15459.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sale, etc., of intoxicating liquor to young personsN.I.

60.—(1) [F155The] holder of a licence himself or by his servant or agent, or such a servant or agent, shall not—

(a)sell or deliver intoxicating liquor to a person under the age of 18;or

(b)sell or deliver intoxicating liquor to any person for consumption by a person under the age of 18 in the licensed premises; or

(c)sell or deliver intoxicating liquor to any person for consumption by a person under the age of 18 off the licensed premises; or

(d)permit a person under the age of 18 to consume intoxicating liquor—

(i)in the licensed premises; or

(ii)in premises which adjoin or are near the licensed premises and which belong to the holder of the licence or are under his control or used by his permission.

(2) A person under the age of 18 shall not—

(a)purchase intoxicating liquor; or

(b)consume intoxicating liquor in any place or premises except premises used only as a private residence.

(3) A person shall not purchase intoxicating liquor for delivery to, or consumption by, a person under the age of 18 in any place or premises except premises used only as a private residence or deliver it to, or permit it to be consumed by, him in any such place or premises.

(4) Subject to paragraph (5), a person shall not send a person under the age of 18 for the purpose of obtaining intoxicating liquor sold or to be sold in licensed premises for consumption off the premises whether the liquor is to be obtained from the licensed premises or other premises from which it is delivered in pursuance of the sale.

(5) [F156Paragraph (4)] shall not prohibit or restrict—

F157(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the employment, by the holder of a licence, of a person under the age of 18 who is a child of the licence holder or his servant, as a messenger to deliver intoxicating liquor.

(6) Any person acting in contravention of paragraph (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on summary conviction—

(a)for a contravention of paragraph (1), (3) or (4), to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both;

(b)for a contravention of paragraph (2), to a fine not exceeding level 3 on the standard scale.

(7) In any proceedings for an offence by reason of the contravention of paragraph (1) it shall be a defence—

(a)in the case of proceedings against the holder of the licence for an offence committed by his servant or agent, for the holder of the licence to prove that he exercised all due diligence to avoid the commission of such an offence; or

(b)in any other case, for the holder of the licence or his servant or agent to prove—

(i)that he exercised all due diligence to avoid the commission of such an offence; or

(ii)that he had no reason to suspect that the person under the age of 18 had not attained that age.

[F158(7A) Without prejudice to any other means of proving the exercise of all due diligence, for the purposes of paragraph (7) the holder of the licence or his servant or agent is to be treated as having exercised all due diligence to avoid the commission of an offence if—

(a)the holder of the licence or his servant or agent [F159—

(i)]was shown any of the documents specified in paragraph (7B); [F160and

(ii)entered in the delivery book or invoice that the holder, servant or agent was carrying as mentioned in Article 66(1)(a)(ii) the description of the document that was shown;] and

(b)that document would have convinced a reasonable person.

(7B) The documents referred to in paragraph (7A)(a) are any document purporting to be—

(a)a passport;

(b)a photocard driving licence;

(c)an electoral identity card;

(d)a photographic identity card of a type approved by the British Retail Consortium for the purposes of its Proof of Age Scheme; or

(e)such other document, or a document of such other description, as may be prescribed by regulations.]

(8) Where a person under the age of 18 represents himself to be the age of 18 or over for the purpose of obtaining, or being permitted to consume, intoxicating liquor, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F161(9) Articles 67(9) and 68(5) do not apply to a delivery of intoxicating liquor to a person under the age of 18 in contravention of this Article.]

[F162Test purchases of alcoholN.I.

60A.—(1) Articles 58 and 60(2)(a) and (4) do not apply in relation to a person under the age of 18 who is sent into licensed premises to purchase intoxicating liquor by a constable who is acting in the course of his duty.

(2) A constable may not send a person under the age of 18 into any licensed premises to purchase intoxicating liquor unless—

(a)the constable is satisfied that all reasonable steps have been or will be taken to avoid any risk to the welfare of that person; and

(b)that person and a parent of that person have both consented in writing to his being sent into those premises for that purpose.

(3) The Secretary of State shall issue guidance as to the exercise by constables of their powers under this Article.]

[F163Duty to display notice relating to ageN.I.

60B—(1) A holder of a licence must at all times display the notice specified in paragraph (2)—

(a)at each place in the licensed premises where intoxicating liquor is sold; and

(b)in a position where it is readily visible to any person seeking to purchase intoxicating liquor.

(2) The notice referred to in paragraph (1) must contain such information and be in such form and of such dimensions as are prescribed by regulations.

(3) Without prejudice to the generality of paragraph (2), the notice must contain—

(a)such information as may be prescribed by regulations in relation to offences concerning the sale to or purchase by persons under the age of 18 of intoxicating liquor [F164or in relation to offences concerning the presence of such persons in licensed premises] ; and

(b)a description of the documents specified in Articles 58(11B) and 60(7B).

(4) A holder of a licence acting in contravention of this Article or any provision made under this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Preservation of orderN.I.

Drunkenness in licensed premisesN.I.

61.—(1) Where the holder of a licence himself or by his servant or agent, or such a servant or agent,—

(a)permits drunkenness or any disorderly conduct to take place in the licensed premises, or

(b)sells intoxicating liquor to a drunken person knowing him to be such,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) Where any person is found drunk in licensed premises he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) Where the holder of a licence or his servant or agent is charged under paragraph (1)(a) with permitting drunkenness, and it is proved that any person was drunk in the licensed premises, the burden of proving that the defendant took all reasonable steps to prevent drunkenness in the premises shall lie upon him.

Procuring drink for drunken personN.I.

62.—(1) If any person in licensed premises procures intoxicating liquor for consumption by a drunken person he shall be guilty of an offence.

(2) If any person aids a drunken person in obtaining or consuming intoxicating liquor in licensed premises he shall be guilty of an offence.

(3) If any person without reasonable excuse brings a drunken person into licensed premises he shall be guilty of an offence.

(4) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person shall not be convicted of an offence under this Article unless the court is satisfied that he knew or ought to have known the condition of the person in connection with whom the charge is brought.

Power to exclude drunken persons, etc., from licensed premisesN.I.

63.—(1) Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, the holder of a licence or his servant or agent may refuse to admit to, or may expel from, the licensed premises any person who is drunken, or is acting in a disorderly manner, or whose presence in the licensed premises would subject the holder of the licence to a penalty under this Order or under any other statutory provision.

(2) If any person liable to be expelled from licensed premises under this Article, when requested by the holder of the licence or his servant or agent or a constable to leave the premises, fails to do so, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) A constable shall, on the demand of the holder of a licence or his servant or agent, help to expel from the licensed premises any person liable to be expelled from those premises under this Article, and may use such force as may be required for the purpose.

Riotous, disorderly or indecent behaviour in licensed premisesN.I.

64.  A person who in any licensed premises uses—

(a)riotous, disorderly or indecent behaviour, or

(b)behaviour whereby a breach of the peace is likely to be occasioned,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Prostitutes not to be allowed to assemble on licensed premisesN.I.

65.—(1) Where the holder of a licence himself or by his servant or agent, or such a servant or agent, permits the licensed premises to be the habitual resort or place of meeting of reputed prostitutes, whether the object of their so resorting or meeting is or is not prostitution, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Paragraph (1) shall not prohibit any such persons from being permitted to remain in the premises for the purpose of obtaining reasonable refreshment for such time as is necessary for that purpose.

MiscellaneousN.I.

Conditions as to delivery of intoxicating liquorN.I.

66.—(1) A person shall not, himself or by his servant or agent,—

(a)deliver in pursuance of a sale any intoxicating liquor from any vehicle or receptacle unless the quantity, description and price of the liquor and the name and address of the person to whom it is to be delivered had been entered before the liquor was dispatched—

(i)in a day book kept on the premises from which the liquor was dispatched; and

(ii)in a delivery book or invoice, carried by the person delivering the liquor; or

(b)carry in any vehicle or receptacle, while in use for the delivery of intoxicating liquor in pursuance of a sale, any liquor for which there is no entry in any such day book and delivery book or invoice; or

(c)deliver any intoxicating liquor in pursuance of a sale at any address not entered in any such day book and delivery book or invoice; or

(d)refuse to allow a constable to examine any such vehicle or receptacle or any such day book or delivery book or invoice.

[F165(1A) Where, in the case of a sale of the kind mentioned in Article 5A, the person who is to deliver the intoxicating liquor to the purchaser is not a servant or agent of the holder of the licence for the premises from which the intoxicating liquor is despatched, that person must—

(a)secure that the delivery is made without unreasonable delay, and

(b)when making the delivery, be carrying a receipt from the holder of the licence, or a servant or agent, for the purchase of the intoxicating liquor.]

(2) Any person acting in contravention of paragraph (1) [F166or (1A)] shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In any proceedings against the holder of a licence for an offence under [F167paragraph (1)] committed by his servant or agent it shall be a defence for him to prove—

(a)that the commission of the offence was due to some cause beyond his control; and

(b)that he exercised all due diligence to avoid the commission of such an offence.

Prohibition of consumption, etc., of intoxicating liquor at entertainmentsN.I.

67.—(1) Subject to paragraph (2), it shall be unlawful to supply, consume or keep for supply or consumption intoxicating liquor at any entertainment in any premises.

(2) Paragraph (1) shall not apply to anything done at—

(a)any entertainment organised otherwise than for purposes of private gain; or

(b)any entertainment in licensed premises or in the premises of a club registered under the [1996 NI 23.] Registration of Clubs (Northern Ireland) Order 1996; or

(c)any entertainment in connection with which an occasional licence has been granted.

(3) Where a person—

(a)himself or by his servant or agent, supplies or keeps for supply or consumption intoxicating liquor in contravention of paragraph (1), or

(b)being a person concerned in the organisation of an entertainment, himself or by his servant or agent, permits any person to supply, consume or keep for supply or consumption intoxicating liquor in contravention of paragraph (1), or

(c)being the holder of a licence, himself or by his servant or agent, delivers intoxicating liquor to any premises mentioned in paragraph (1) or permits it to be so delivered, or

(d)consumes intoxicating liquor in contravention of paragraph (1),

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both and, except in the case of an offence under sub-paragraph (c), any intoxicating liquor found in his possession and its containers shall be liable to be forfeited.

(4) Where paragraph (1) is contravened, every occupier of the premises who is proved to have had knowledge of or consented to the contravention shall be guilty of an offence under this Article.

(5) Subject to paragraph (6), for the purposes of this Article, an entertainment shall be deemed to have been organised for private gain if any pecuniary advantage accrued or was intended to accrue to any person concerned in its organisation as a result of the entertainment; and in determining whether any such advantage so accrued or was intended to accrue no account shall be taken of any expenditure incurred in connection with the entertainment.

(6) An entertainment shall not be deemed to have been organised for private gain if the whole proceeds of the entertainment, after deducting the expenses of the entertainment, are devoted to purposes other than private gain.

(7) Any person who organises an entertainment to which paragraph (2)(a) applies shall—

(a)make, and keep for a period of at least 18 months, records and accounts relating to that entertainment;

(b)record in those accounts the purposes for which the proceeds of the entertainment are to be applied; and

(c)inform all potential participants of those purposes.

(8) The person who organises an entertainment to which paragraph (2)(a) applies shall, not less than 7 days before the date on which the entertainment is to take place, serve notice of the entertainment upon the sub-divisional commander of the police sub-division in which the premises where the entertainment is to take place are situated.

(9) Nothing in this Article shall affect the delivery or supply of intoxicating liquor to, or the consumption of intoxicating liquor by, a person in premises in which he is residing; and in determining for the purpose of this Article whether an entertainment is being held in any premises, the presence of persons residing in the premises shall be disregarded.

(10) Without prejudice to Article 80, for the purposes of this Article a vessel shall be deemed to be premises and paragraph (4) shall apply to the master of a vessel as it applies to the occupier of premises.

Prohibition of consumption, etc., of intoxicating liquor in certain premisesN.I.

68.—(1) Subject to paragraph (2), it shall be unlawful to supply, consume or keep for supply or consumption intoxicating liquor in any premises used by a club.

(2) Paragraph (1) shall not apply to—

(a)any licensed premises or the premises of a club registered under the [1996 NI 23.] Registration of Clubs (Northern Ireland) Order 1996; or

(b)any premises for which an occasional licence has been granted.

(3) Where a person—

(a)himself or by his servant or agent, supplies or keeps for supply or consumption intoxicating liquor in contravention of paragraph (1), or

(b)himself or by his servant or agent, permits any person to supply, consume or keep for supply or consumption intoxicating liquor in contravention of paragraph (1), or

(c)being the holder of a licence, himself or by his servant or agent, delivers intoxicating liquor to any premises mentioned in paragraph (1) or permits it to be so delivered, or

(d)consumes intoxicating liquor in contravention of paragraph (1),

he shall he guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both and, except in the case of an offence under sub-paragraph (c), any intoxicating liquor found in his possession and its containers shall be liable to be forfeited.

(4) Where paragraph (1) is contravened, every occupier of the premises who is proved to have had knowledge of or consented to the contravention shall be guilty of an offence under this Article.

(5) Nothing in this Article shall affect the delivery or supply of intoxicating liquor to, or the consumption of intoxicating liquor by, a person in premises in which he is residing.

(6) Without prejudice to Article 80, for the purposes of this Article a vessel shall be deemed to be premises and paragraph (4) shall apply to the master of a vessel as it applies to the occupier of premises.

Persons found on unlicensed premises, etc.N.I.

69.—(1) Where on any premises or in any place any liquor is sold or made available for purchase or permitted to be consumed in contravention of Article 3, 55 or 56, any person found there shall, unless he proves that he is there for a lawful purpose, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) Where, on being asked by a constable for his name and address, a person found as mentioned in paragraph (1)—

(a)refuses to give them; or

(b)gives a false name or address; or

(c)refuses to answer satisfactorily any question put to him to ascertain the correctness of the name or address given,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

[F168PART 4AN.I.CLOSURE OF LICENSED PREMISES

Closure of licensed premises in an identified districtN.I.

Orders to close licensed premises in district experiencing disorderN.I.

69A—(1) Where there is or is expected to be disorder in any [F169place, a court of summary jurisdiction] may make an order requiring licensed premises which are situated at or near the place of the disorder or expected disorder to be closed for a period, not exceeding 24 hours, specified in the order.

(2) A court of summary jurisdiction may make an order under this Article only on the application of a police officer who is of the rank of superintendent or above.

(3) A court of summary jurisdiction may not make such an order unless it is satisfied that it is necessary to prevent disorder.

(4) Where an order is made under this Article, the holder of a licence or the licence holder's servant or agent shall be guilty of an offence if that person knowingly keeps any licensed premises to which the order relates open, or allows any such premises to be kept open, during the period of the order and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A constable may use such force as may be necessary for the purpose of closing premises ordered to be closed under this Article.

Closure of identified licensed premisesN.I.

Closure orders for identified licensed premisesN.I.

69B—(1) A senior police officer may make a closure order in relation to any licensed premises if that officer reasonably believes that there is disorder on, or in the vicinity of and related to, the premises and their closure is necessary in the interests of public safety.

(2) A closure order is an order under this Article requiring licensed premises to be closed for a period not exceeding 24 hours beginning with the coming into force of the order.

(3) In determining whether to make a closure order in respect of any premises, the senior police officer must have regard, in particular, to the conduct of the holder of the licence and the licence holder's servant or agent in relation to the disorder or nuisance.

(4) A closure order must—

(a)specify the premises to which it relates;

(b)specify the period for which the premises are to be closed;

(c)specify the grounds on which it is made; and

(d)state the effect of Articles 69C to 69G.

(5) A closure order in respect of any licensed premises comes into force at the time a constable gives notice of it to the holder of the licence or the licence holder's servant or agent.

(6) The holder of a licence or the licence holder's servant or agent shall be guilty of an offence if, without reasonable excuse, that person permits licensed premises to be open in contravention of a closure order or any extension of it and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both.

Extension of closure orderN.I.

69C—(1) Where, before the end of the period for which licensed premises are to be closed under a closure order or any extension of it (the “closure period”), the responsible senior police officer reasonably believes that—

(a)a F170... court of summary jurisdiction will not have determined whether to exercise its powers under Article 69F(2) in respect of the closure order and any extension of it or the premises concerned, by the end of the closure period, and

(b)closure is necessary in the interests of public safety because of disorder on, or in the vicinity of and related to, the premises,

that officer may extend the closure period for a further period not exceeding 24 hours beginning with the end of the previous closure period.

(2) An extension in relation to any licensed premises comes into force when a constable gives notice of it to the holder of the licence or the licence holder's servant or agent.

(3) But the extension does not come into force unless the notice is given before the end of the previous closure period.

Cancellation of closure orderN.I.

69D—(1) The responsible senior police officer may cancel a closure order and any extension of it at any time—

(a)after the making of the order, but

(b)before a F171... court of summary jurisdiction has determined whether to exercise its powers under Article 69F(2) in respect of the order and any extension of it or the premises concerned.

(2) The responsible senior police officer must cancel a closure order and any extension of it if that officer does not reasonably believe that closure is necessary in the interests of public safety because of disorder on, or in the vicinity of and related to, the premises.

(3) Where a closure order and any extension of it are cancelled under this Article, the responsible senior police officer must, as soon as reasonably practicable, give notice of the cancellation to the holder of the licence or the licence holder's servant or agent.

Application to court of summary jurisdiction by policeN.I.

69E  The responsible senior police officer must, as soon as reasonably practicable after a closure order comes into force in respect of any licensed premises, apply to a F172... court of summary jurisdiction for it to consider the order and any extension of it.

Consideration of closure order by court of summary jurisdictionN.I.

69F—(1) A F173... court of summary jurisdiction must as soon as reasonably practicable after receiving an application under Article 69E—

(a)hold a hearing to consider whether it is appropriate to exercise any of the court's powers under paragraph (2) in relation to the closure order or any extension of it or the premises concerned; and

(b)determine whether to exercise any of those powers.

(2) The F174... court of summary jurisdiction may—

(a)revoke the closure order and any extension of it;

(b)order the premises to remain, or to be, closed for such period not exceeding 28 days as the court may order;

(c)where an order under Article 44 [F175or 44A] has been made in respect of the premises—

(i)revoke the order;

(ii)modify the order, or in relation to the order, the hours mentioned in Article 44(2) [F176or Article 44A(3) or (4) (as the case may be)]; or

(iii)make the continuance of the order subject to such terms and conditions as the court thinks fit;

(d)where an occasional licence has been granted in respect of the premises—

(i)by order revoke that licence;

(ii)by order revoke any other occasional licences granted in respect of those premises;

(iii)order that the premises specified in the occasional licence shall not be premises for which an occasional licence may be granted.

(3) In determining whether the premises will be, or will remain, closed, the F177... court of summary jurisdiction must—

(a)consider whether closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises; and

(b)hear representations, if any, from the holder of the licence.

(4) The F178... court of summary jurisdiction must notify the district commander for the police district in which the premises are situated of any decision it makes under this Article.

(5) The holder of a licence or the licence holder's servant or agent shall be guilty of an offence if, without reasonable excuse, that person permits licensed premises to be open in contravention of an order under paragraph (2)(b) and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both.

Appeal from decision of court of summary jurisdictionN.I.

69G—(1) Any person aggrieved by a decision of a court of summary jurisdiction under Article 69F may, within 21 days from the day the decision is made, appeal against the decision to the county court in accordance with magistrates' court rules.

(2) When an order is made under Article 69F(2)(b) to (d), the order shall not have effect from the time a person brings an appeal under paragraph (1) against the making of the order until the appeal is abandoned or determined.

Enforcement of closure orderN.I.

69H  A constable may use such force as may be necessary for the purposes of closing premises in compliance with a closure order.

Exemption of police from liability for damagesN.I.

69I—(1) A constable is not liable for relevant damages in respect of any act or omission of that constable in the performance or purported performance of that constable's functions in relation to a closure order or any extension of it.

(2) The Chief Constable is not liable for relevant damages in respect of any act or omission of a constable under the Chief Constable's direction or control in the performance or purported performance of a function of that constable in relation to a closure order or any extension of it.

(3) But neither paragraph (1) nor (2) applies—

(a)if the act or omission is shown to have been in bad faith; or

(b)so as to prevent an award of damages in respect of an act or omission on the grounds that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (incompatibility of act or omission with Convention rights).

(4) This Article does not affect any other exemption from liability for damages (whether at common law or otherwise).

(5) In this Article, “relevant damages” means damages awarded in proceedings for judicial review, the tort of negligence or misfeasance in public office.

InterpretationN.I.

Interpretation of Part 4AN.I.

69J—(1) This Article has effect for the purposes of this Part.

(2) Licensed premises are open if a person who is not within paragraph (3) enters the premises and that person consumes, buys or is otherwise supplied with food or intoxicating liquor.

(3) A person is within this paragraph if the person is—

(a)the holder of the licence or the licence holder's servant or agent;

(b)a person who usually lives at the premises; or

(c)a member of the family of a person within sub-paragraph (a) or (b).

(4) The following expressions have the meanings given—

“closure order” has the meaning given in Article 69B(2);

“extension”, in relation to a closure order, means an extension of the order under Article 69C;

F179...

“responsible senior police officer”, in relation to a closure order, means—

“senior police officer” means a police officer of, or above, the rank of inspector.]

PART VN.I.ENFORCEMENT

N.I.

Production of licenceN.I.

70.  The holder of a licence or protection order shall at the request of a constable produce it within 7 days of the request to, or in accordance with the directions of, the constable for examination, and if it is not so produced he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Provision for inspection and rights of entryN.I.

71.—(1) A constable may, at any reasonable time,—

(a)for the purpose of inspecting the suitability of—

(i)premises in respect of which a notice of application has been served under paragraph 1(c) of Schedule 1 for the grant of a licence under this Order, or

(ii)licensed premises in respect of which a notice of application has been served under paragraph 3 of Schedule 4 for the renewal of a licence under this Order and in which since the last previous renewal of the licence (or, where the renewal to be applied for is the first renewal of the licence, since the licence was granted), alterations have been made,

enter and inspect the premises or, as the case may be, the licensed premises;

(b)for the purpose of ascertaining whether a contravention of this Order is being or has been committed or whether any conditions which are applicable under this Order are being or have been complied with, enter and inspect—

(i)licensed premises; or

(ii)premises which adjoin or are near licensed premises and which belong to the holder of the licence or are under his control or used by his permission; or

(iii)premises on which a constable has reason to believe an offence under Article 67 or 68 is being or has been committed.

(2) If any person—

(a)fails or delays without reasonable excuse to admit a constable who demands admission to the premises under paragraph (1), or

(b)on being required by a constable to do so, fails without reasonable excuse to permit the constable to inspect the premises,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) If, on complaint on oath, a justice of the peace is satisfied that there are reasonable grounds for suspecting that an offence under this Order is being, has been or is about to be committed at any place, he may issue a warrant in writing authorising any constable to enter that place, if necessary by force, and to search that place.

(4) Any constable who enters any place under the authority of a warrant issued under paragraph (3) may—

(a)seize and remove any intoxicating liquor and its containers, document, money or valuable thing, instrument or other thing found in that place which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Order; and

(b)search any person found at that place whom he has reasonable cause to believe to be committing or to have committed any such offence.

(5) In paragraphs (3) and (4) “place” includes “premises”.

[F180Penalty pointsN.I.

Penalty points to be attributed to an offenceN.I.

71A—(1) Where the holder of a licence is convicted of an offence under a provision of this Order specified in column 1 of Schedule 10A (the general nature of which offence is indicated in column 2) then, subject to the following provisions of this Article, the number of penalty points to be attributed to the offence is a number within the range of numbers shown in relation to the offence in column 3 of Schedule 10A (or if an order is made under paragraph (5) substituting a number for a range, the number shown in relation to that offence).

(2) Where the holder of a licence is convicted (whether on the same occasion or not) of 2 or more offences committed on the same occasion, the total number of penalty points to be attributed to them is the number or highest number that would be attributed on a conviction of one of them (so that if the convictions are on different occasions the number of penalty points to be attributed to the offences on the later occasion or occasions shall be restricted accordingly).

(3) In a case where (apart from this paragraph) paragraph (2) would apply to 2 or more offences, the court may if it thinks fit determine that that paragraph shall not apply to the offences (or, where 3 or more offences are concerned, to any one or more of them).

(4) Where a court makes such a determination it must state the reasons for the determination in the order of the court.

(5) The Department may, by order subject to affirmative resolution, amend column 3 of Schedule 10A (by substituting one range of numbers for another, a number for a range, or a range for a number).

Endorsement of licencesN.I.

71B—(1) Where the holder of a licence is convicted of an offence under a provision of this Order specified in column 1 of Schedule 10A, the court must order there to be endorsed on the licence particulars of the conviction and also particulars of the offence, including the date when it was committed.

(2) Where the holder of a licence is convicted of an offence under a provision of this Order specified in column 1 of Schedule 10A—

(a)subject to paragraph (3), where the provision is one specified in Part 1 of Schedule 10A, the court may order there to be endorsed on the licence the penalty points to be attributed to the offence;

(b)subject to paragraph (4), where the provision is one specified in Part 2 of Schedule 10A, the court must order there to be endorsed on the licence the penalty points to be attributed to the offence unless for special reasons the court thinks fit not to do so;

(c)where the provision is one specified in Part 3 of Schedule 10A, the court must order there to be endorsed on the licence the penalty points to be attributed to the offence.

(3) Where the holder of a licence who has been convicted of an offence under a provision of this Order specified in Part 1 of Schedule 10A (“the first offence”) is convicted of an offence under the same provision of this Order committed less than 3 years after the first offence was committed, the court must order the penalty points to be attributed to the offence to be endorsed on the licence.

(4) Where the holder of a licence who has been convicted of an offence under a provision of this Order specified in Part 2 of Schedule 10A (“the first offence”) is convicted of an offence under a provision of this Order specified in that Part of that Schedule committed less than 3 years after the first offence was committed, the court must order the penalty points to be attributed to the offence to be endorsed on the licence.

(5) A court which orders the endorsement of a licence under this Article must order the holder of the licence to deliver it to the clerk of the court within a period specified in the order and if the holder of the licence contravenes the order that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months, or to both.

Suspension of licence for repeated offencesN.I.

71C—(1) Where the holder of a licence is convicted of an offence under a provision of this Order specified in column 1 of Schedule 10A, the penalty points to be taken into account on that occasion are (subject to paragraphs (2) and (7))—

(a)any that are to be attributed to the offence or offences in respect of which the holder of the licence is convicted; and

(b)any that were on a previous occasion ordered to be endorsed on the licence;

and where the penalty points so taken into account number 10 or more, the court must, by order, suspend the licence.

(2) If any of the offences was committed more than 3 years before another, the penalty in respect of that offence shall not be added to those in respect of the other.

(3) The period for which a licence is suspended under paragraph (1) shall not be less than 1 week or more than 3 months.

(4) The suspension of a licence under paragraph (1) shall be in addition to any other penalty which may be imposed by the court.

(5) Article 72(5) applies where a court suspends a licence under paragraph (1) as it applies where a court suspends a licence under that Article.

(6) A licence may be suspended under paragraph (1) for any period notwithstanding that it is due to expire before the commencement of, or during, that period.

(7) After the suspension of a licence under paragraph (1), none of the penalty points taken into account on making the order under paragraph (1) may be taken into account on any other occasion.]

Suspension of licencesN.I.

Suspension of licencesN.I.

72.—(1) An application for the suspension of a licence until—

(a)the end of the then current licensing period, or

(b)in the case of a licence which a court has determined shall remain in force for a lesser period, the end of that lesser period,

may be made by the sub-divisional commander of the police sub-division in which the premises to which the application relates are situated to a court of summary jurisdiction on any of the grounds on which objection may be made to an application for renewal of the licence.

[F181(1A) The grounds specified in Article 15(2)(b) (fitness to hold licence) include the grounds that, following a person becoming or ceasing to be a director of a body corporate which is the holder of the licence in question, the body is no longer fit to hold the licence.]

(2) On an application for the suspension of a licence a court shall hear representations, if any, from the holder of the licence.

(3) A court shall refuse an application for the suspension of a licence unless it is satisfied that the application is not made on grounds which have been, or ought to have been, raised previously by way of objection either when the licence was granted or on an occasion when it has been renewed.

(4) Where the court refuses an application for the suspension of the licence it shall specify in its order the reasons for its refusal.

(5) A suspended licence shall not be in force during the period of suspension except for the purposes of the provisions of this Order relating to the surrender, renewal or transfer of licences and to protection orders.

Suspension of licences on conviction of certain offencesN.I.

73.—(1) Where the holder of a licence is convicted of—

F182(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an offence under section 13 of the [1885 c. 69.] Criminal Law Amendment Act 1885 (permitting premises to be a brothel), where the offence was committed in the licensed premises or in premises which adjoin or are near them,

the court shall, unless satisfied that by reason of extenuating circumstances in connection with the offence (which shall be specified by the order) the licence ought not to be suspended, by order, suspend the licence.

(2) Where—

(a)the holder of a licence is convicted of an offence under—

(i)any provision of this Order, F183... or

(ii)the [1991 NI 7.] Food Safety (Northern Ireland) Order 1991, where the offence was committed in or in relation to the licensed premises, or

(b)the holder of a licence or his servant or agent is convicted of an offence under the [1985 NI 11.] Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985, where—

(i)the offence was committed in the licensed premises, and

(ii)in the case of an offence committed by a servant or agent of the holder of the licence, the offence was committed with the knowledge of the holder of the licence,

the court may suspend the licence.

F184(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The period for which a licence is suspended under paragraph (1) or (2) shall be not less than 1 week or more than 3 months, except that, where in consequence of a conviction such as is mentioned in paragraph (2)(a)(ii) a prohibition order or emergency prohibition order is made under Article 10 or 11 of the said Order of 1991 prohibiting the holder of a licence from using the licensed premises for the purposes of a food business which is or includes the business authorised by the licence, the licence may be suspended for the period during which the order is in force.

(5) The suspension of a licence under paragraph (1) or (2) shall be in addition to any other penalty which may be imposed by the court.

(6) Article 72(5) shall apply where a court suspends a licence under paragraph (1) or (2) as it applies where a court suspends a licence under that Article.

(7) A licence may be suspended under paragraph (1) or (2) for any period notwithstanding that it is due to expire before the commencement of, or during, that period.

Penalty for opening licensed premises during period of suspensionN.I.

74.  Where the holder of a licence himself or by his servant or agent sells intoxicating liquor or makes it available for purchase in the premises or permits it to be consumed in the premises—

(a)on any day on which the licence for the premises is suspended, F185...

F185(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both and the court shall order the licence to be suspended for a period or, as the case may be, an additional period of not less than 1 month or more than 1 year.

Procedure in connection with suspensionN.I.