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The Licensing (Northern Ireland) Order 1996, Section 69F is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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69F—(1) A F2... 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 F3... 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 [F4or 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) [F5or 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 F6... 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 F7... 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.]
F1Pt. 4A inserted (10.12.2012) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011 (c. 18), ss. 1(1), 18; S.R. 2012/420, art. 2, Sch.
F2Word in art. 69F(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 110(16), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F3Word in art. 69F(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 110(16), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F4Words in art. 69F(2)(c) inserted (1.10.2021) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), s. 47(2), Sch. 1 para. 9(a); S.R. 2021/247, art. 2, Sch.
F5Words in art. 69F(2)(c)(ii) inserted (1.10.2021) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), s. 47(2), Sch. 1 para. 9(b); S.R. 2021/247, art. 2, Sch.
F6Word in art. 69F(3) omitted (31.10.2016) by virtue of Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 110(16) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
F7Word in art. 69F(4) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 110(16), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
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