The Licensing (Indoor Arenas) (Northern Ireland) Order 2004

Statutory Instruments

2004 No. 1994 (N.I. 17)

NORTHERN IRELAND

The Licensing (Indoor Arenas) (Northern Ireland) Order 2004

Made

27th July 2004

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the 27th day of July 2004

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Title and commencement

1.—(1) This Order may be cited as the Licensing (Indoor Arenas) (Northern Ireland) Order 2004.

(2) This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made.

(3) The other provisions of this Order shall come into operation on such day as the Department may by order appoint.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

“the Department” means the Department for Social Development;

“the principal Order” means the Licensing (Northern Ireland) Order 1996 (NI 22).

Meaning of “indoor arena”

3.—(1) Article 2 of the principal Order (interpretation) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (2), after the definition of “housing authority” there shall be inserted—

““indoor arena” has the meaning given in Article 2A;”.

(3) In paragraph (4) for “(j)” there shall be substituted “(k)”.

(4) After that Article there shall be inserted—

“Meaning of “indoor arena”

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 consist 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.”.

Licences for indoor arenas

4.—(1) Article 5 of the principal Order (premises for which licences may be granted) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1), after sub-paragraph (j) there shall be inserted—

“(k) an indoor arena.”.

(3) In paragraphs (3) and (6), for “(j)” there shall be substituted “(k)”.

(4) In Article 22 of the principal Order (transfer of licences), in paragraph (6)(c)(ii) for “(j)” there shall be substituted “(k)”.

Attachment of conditions to licences

5.—(1) In Article 7 of the principal Order (grant of licences), in paragraph (12) after the word “entertainment” there shall be inserted “or an indoor arena”.

(2) In Article 15 of the principal Order (renewal of licences by a court)—

(a) in paragraph (2)(e)(ii), for “(j)” there shall be substituted “(k)”;

(b) in paragraph (2)(f), for the words “or a place of public entertainment” there shall be substituted “, a place of public entertainment or an indoor arena”; and

(c) after paragraph (6) there shall be inserted—

“(6A) A court which renews a licence for an indoor arena may attach to the licence such conditions as it thinks fit.”.

(3) After Article 77 of the principal Order (special conditions with respect to grant or renewal of licences for seamen’s canteens) there shall be inserted—

“Indoor arenas

Attachment of conditions to licences for indoor arenas

77A.— (1) Without prejudice to Article 7(12) or 15(6A), a court of summary jurisdiction may at any time where an application is made to it under this Article, exercise with respect to a licence for an indoor arena, the powers conferred on it by paragraph (2).

(2) The court may, if satisfied that it is appropriate to do so—

(a) attach to the licence such conditions as it thinks fit, or

(b) vary or remove any condition attached to the licence.

(3) An application for the purposes of paragraph (2)(a) may only be made by the district commander of the police district in which the indoor arena is situated.”.

Temporary continuance of business

6.  In Article 29 of the principal Order (temporary continuance of business in other premises), after paragraph (2) there shall be inserted—

“(2A) Where the original premises were an indoor arena, 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 indoor arena within the meaning of this Order.”.

Additional permitted hours and suitability for functions

7.—(1) In Article 44 of the principal Order (orders for additional permitted hours), in paragraph (10) after sub-paragraph (d) there shall be inserted—

“(dd) an indoor arena;”.

(2) In Article 48 of the principal Order (suitability of certain premises for functions), in paragraph (4) after sub-paragraph (d) there shall be inserted—

“(dd) an indoor arena;”.

Requirements with respect to sale of intoxicating liquor

8.—(1) After Article 52 of the principal Order (places of public entertainment) there shall be inserted—

“Indoor arenas

52A.— (1) Where an indoor arena 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.”.

(2) In Article 58 of the principal Order (young persons prohibited from certain premises), in paragraph (13) after sub-paragraph (e) there shall be inserted—

“or

(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.”.

A. K. Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends the Licensing (Northern Ireland) Order 1996 to permit the granting of licences to authorise the sale of intoxicating liquor at indoor arenas.