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Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021

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Increase in number of authorisations for special occasionsN.I.

This section has no associated Explanatory Notes

33.—(1) In Article 26 of the Registration of Clubs Order (authorisation for special occasions), in paragraph (2), for “85” substitute “104”.

(2) After paragraph (2) of that Article insert—

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

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

(3) After paragraph (4) of that Article insert—

(5) 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 of the club;

(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 of the club are situated.

(6) The notice under paragraph (5) must contain such information as may be prescribed by magistrates’ courts rules.

(7) 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 the premises of the club 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.

(8) 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.

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

Commencement Information

I1S. 33 not in operation at Royal Assent, see s. 47(2)

I2S. 33 in operation at 1.10.2021 by S.R. 2021/247, art. 2, Sch.

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