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The Licensing (Northern Ireland) Order 1990

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Extension licences for sale, etc., of liquor in certain premises outside permitted hours

54.—(1) A court of summary jurisdiction, or a clerk of petty sessions acting under paragraph (3), 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 Article applies, grant an extension licence authorising that person to sell intoxicating liquor by retail—

(a)in such part or parts of the premises to which this Article applies, and

(b)between such hours,

as may be specified in the extension licence.

(2) The procedure for applications for extension licences is set out in Schedule 10.

(3) Subject to paragraph (4), where notice of an application for an extension licence has been served upon the clerk of petty sessions, he may grant the extension licence as if the application had been made to him and may do so in the absence of the applicant.

(4) Where—

(a)a notice of objection has been served upon the clerk and has not been withdrawn, or

(b)the clerk is of the opinion, for any other reason, that an application for the extension licence should be made to the court,

the clerk shall require the application to be made to the court and shall notify the applicant and the objector, if any, of the requirement and of the time and place of the hearing.

(5) An extension licence shall not be granted unless the clerk of petty sessions, or, if application is required to be made to a court, the court, is satisfied that the sale of intoxicating liquor under the licence will be ancillary to a function to which this paragraph applies which is to be held in the premises to which this Article applies during the hours specified in the licence.

(6) The functions to which paragraph (5) applies are—

(a)functions organised by any body established for social, charitable or benevolent purposes or for furthering the common interests of persons associated with any trade, profession, educational or cultural activity, game or sport;

(b)functions (not exceeding 6 in number in any year) organised by the licence holder.

(7) Subject to paragraph (8), nothing in this Article shall permit an extension licence to authorise the sale of intoxicating liquor on any Sunday after 1 in the morning, or on Christmas Day, Easter Day or Good Friday, or during any part of the period from 1 in any morning to half past 11 in that morning or to a person admitted to the premises after half past 12 in the morning or, where the function is due to end before 1 in the morning, less than half an hour before the function is due to end.

(8) Where 31st December in any year falls on a Sunday, an extension licence may authorise the sale of intoxicating liquor on that day after 10 in the evening.

(9) An extension licence shall not authorise the sale of intoxicating liquor for consumption off the part or parts of the premises specified in the licence.

(10) If the holder of an extension licence or any servant or agent of his sells intoxicating liquor in contravention of paragraph (9), 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.

(11) Where an extension licence is in force in connection with a function, Article 46 shall not prohibit—

(a)the purchase by persons lawfully attending the function of intoxicating liquor during the hours specified in the licence; or

(b)the consumption by those persons, or permitting their consumption, of intoxicating liquor during those hours and the first 30 minutes after the conclusion of those hours,

in the part or parts of the premises so specified.

(12) An extension licence granted in connection with a function in any premises shall, at any time during the period of the function when intoxicating liquor is sold or made available for purchase or being consumed in the premises, forthwith be produced by the person who is in charge of the sale of intoxicating liquor there for examination by a constable at his request, and if it is not so produced without reasonable excuse the holder of the licence and that person shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(13) The premises to which this Article applies are the premises mentioned in Article 50(7) for which an order under Article 34 is in force.

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