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The Licensing (Northern Ireland) Order 1987

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Alternative permitted hours for off-sales and additional permitted hours in certain premises

9.—(1) In section 44 of the Licensing Act (alternative permitted hours for off-sales)—

(a)in subsection (1)—

(i)for “may” there shall be substituted “for premises of a kind mentioned in section 3(1)(a), may”;

(ii)for the words from “direct that” onwards there shall be substituted “direct that the permitted hours for a part of the premises for which the court imposes a condition under subsection (2) shall be the hours mentioned in section 42(2).”;

(b)in subsection (3) for the words from “on the renewal” to “condition mentioned” there shall be substituted—

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

(b)where, upon complaint made under part VIII of the Magistrates' Courts (Northern Ireland) Order 1981, the court is not satisfied, in a case where the order was made under subsection (1), that the condition mentioned;

(c)subsection (4) shall cease to have effect.

(2) In section 45 of the Licensing Act (additional permitted hours in certain premises providing entertainment)—

(a)for subsection (1) there shall be substituted—

(1)  Subject to the provisions of this section, a court of summary jurisdiction may, on an application duly made by a person who is the holder of a licence for premises which are or include premises to which this section applies, by order direct that—

(a)on such days in any licensing year; and

(b)in such part or parts of the premises; as may be specified in the order the hours from eleven in the evening to one in the morning of the day next following shall, in addition to the hours mentioned in sections 42(1) and 43 but subject to the condition mentioned in subsection (3) (where applicable), be included in the permitted hours for those premises.

(1A) The procedure for applications under subsection (1) is set out in Schedule 8A.;

(b)in subsection (2)(a)—

(i)for “hotel or restaurant” there shall be substituted “premises”;

(ii)the words “during the period specified in the order” shall cease to have effect;

(iii)the words “ and the sale of intoxicating liquor is ancillary to that refreshment and entertainment” shall cease to have effect;

(c)in subsection (2)(b)—

(i)for “hotel or restaurant for any period” there shall be substituted “premises”;

(ii)the words “that throughout that period” shall cease to have effect;

(iii)in sub-paragraph (ii), for “hotel or restaurant” there shall be substituted “premises”;

(iv)at the end there shall be added—

(iii)the hours mentioned in subsection (1) have not caused undue inconvenience to persons residing in the vicinity of the premises;

(d)in subsection (3)—

(i)for the words from “an hotel” to “the hotel” in the second place where it occurs there shall be substituted

premises mentioned in subsection (7)(a) or

(c)it shall insert in the licence for the premises a condition that the specified part or parts of the premises;

(ii)the words “half-past” shall cease to have effect;

(e)in subsection (4)—

(i)after “satisfied that” there shall be inserted

(a);

(ii)after “premises” in the second place where it occurs there shall be inserted

; or

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

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

(f)in subsection (5)—

(i)for “, or on Christmas Day” there shall be substituted “after one in the morning, or on Christmas Day, Easter Day”;

(ii)for “one” there shall be substituted “half past twelve”;

(iii)the words “half-past” shall cease to have effect;

(g)in subsection (6)—

(i)for “an hotel or restaurant” there shall be substituted “any premises”;

(ii)the words “during any period” and the words “during that period” where they twice occur shall cease to have effect;

(iii)after “42” there shall be inserted “(1)”;

(h)after subsection (6) there shall be added—

(7) The premises to which this section applies are—

(a)an hotel;

(b)a restaurant;

(c)any part of premises of a kind mentioned in section 3(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, and for which there is in force a certificate from the Northern Ireland Tourist Board stating—

(i)that in the opinion of the Board the premises—

(aa)are well equipped and well furnished and provide comfortable seating in the dining room or rooms; and

(bb)are operated by a competent management and staff; and

(cc)provide a high standard of catering; and

(ii)that the premises conform to the requirements, if any, prescribed by regulations made with the concurrence of the Department of Economic Development..

(3) After Schedule 8 to the Licensing Act there shall be inserted—

SCHEDULE 8AAPPLICATIONS UNDER SECTION 45

1.  In this Schedule “application” means an application under section 45.

2.  A person who intends to make an application shall, not less than 3 weeks before the time of the court sitting at which the application is to be made, serve notice of the application upon the clerk of petty sessions and at the same time serve a copy of the notice upon—

(a)the sub-divisional commander of the police sub-division in which the premises to which the application relates are situated; and

(b)the district council for the district in which the premises to which the application relates are situated.

3.  The notice mentioned in paragraph 2 shall specify the kind of premises to which the application relates and shall be in such form and shall contain such information as may be prescribed by magistrates' courts rules.

4.  The sub-divisional commander mentioned in paragraph 2(a), the district council mentioned in paragraph 2(b) or any person owning or residing in, premises in the vicinity of the premises to which the application relates shall be entitled to appear at the hearing of the application and to object to the court’s order directing that the hours mentioned in section 45(1) be included in the permitted hours in the premises providing entertainment on any of the following grounds—

(a)that those hours will cause, or where an order under section 45 was in force with respect to the premises for any period during the preceding year, have caused, undue inconvenience to persons residing in the vicinity of the premises; or

(b)where an order under section 45 was in force with respect to the premises for any period during the preceding year, that the business carried on in the premises has been conducted during those hours and any period immediately following their termination in such a manner so as to cause undue inconvenience to persons residing in the vicinity of the premises; or

(c)that the premises are not suitable to have those hours as they do not comply with the requirement of section 45(2)(a) or, (where an order under section 45 was in force with respect to the premises during the preceding year) that requirement has not continued to be and the condition mentioned in section 45(3) (if applicable) has not been, complied with.

5.  A person intending to object under paragraph 4 shall, not less than one week before the time mentioned in paragraph 2,—

(a)serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; and

(b)serve a copy of the notice upon the clerk of petty sessions..

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