Legal proceedings
Proceedings against clubs
43.—(1) Proceedings under this Order may be brought against a registered club in the name in which it is registered.
(2) Any summons or other document required to be served on the club in the course of such proceedings may be served on the secretary of the club; and any such summons shall, in addition to being so served, be served also on any other person whom the justice of the peace granting the summons may direct.
Proof of consumption of intoxicating liquor
44.—(1) Evidence that consumption of intoxicating liquor was about to take place shall, in any proceedings relating to an offence under this Order, be evidence of the consumption of intoxicating liquor without proof of actual consumption.
(2) Evidence that any person obtained, consumed or intended to consume intoxicating liquor in the premises of a registered club shall, in any such proceedings, be evidence that the liquor was supplied by or on behalf of the club.
(3) Where it is proved that intoxicating liquor has been received, delivered or distributed within the premises of a registered club and taken outside the premises, it shall, failing proof to the contrary, be deemed to have been so taken for consumption outside the premises.
(4) Where intoxicating liquor in open vessels is found in the premises of a registered club during any period when the consumption of intoxicating liquor in those premises is prohibited by this Order, consumption of intoxicating liquor shall, in any proceedings for a contravention of any provisions of this Order, be deemed to have taken place during that period and in those premises unless and until the contrary is proved.
Appeals
45.—(1) Without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order[1980 NI 3] 1980, any party to the proceedings who is dissatisfied with a decision of a county court on an application made to it under this Order may appeal from that decision as if the decision had been made in exercise of the jurisdiction conferred by part III of that Order and the appeal were brought under Article 60 of that Order.
(2) For the purposes of—
(a)paragraph (1);
(b)Articles 61 and 62 of the County Courts (Northern Ireland) Order 1980;
(c)Articles 143 and 146 of the Magistrates' Courts (Northern Ireland) Order[1981 NI 26] 1981,
a person who appears as an objector in any proceedings under this Order shall be deemed to be a party to the proceedings.
Procedure in connection with cancellation and disqualification
46.—(1) A court which cancels the registration of a club or makes a disqualification order in respect of the premises of a registered club under Article 13 or 38 shall order the secretary of the club to deliver the certificate of registration of the club to the clerk of the court within a period specified in the order of the court, and if the person so ordered contravenes that court order 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 both.
(2) The clerk of a court to whom a certificate of registration is delivered under paragraph (1) shall—
(a)if he is not the clerk of petty sessions who keeps the register in which the club is registered, send the certificate of registration to that clerk of petty sessions; or
(b)if he keeps that register, retain the certificate of registration.
(3) The clerk of a court which cancels the registration of a club or makes a disqualification order as mentioned in paragraph (1) shall send notice of the cancellation or order to the sub-divisional commander of the police sub-division in which the premises of the club are situated.