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The Licensing (Northern Ireland) Order 1990

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Premises for which licences may be granted

6.—(1) Without prejudice to Article 85, the premises in which the sale of intoxicating liquor is authorised by a licence shall be premises of one of the following kinds—

(a)premises in which the only or principal business carried on is the business of selling intoxicating liquor by retail for consumption either in or off the premises;

(b)premises in which the only or principal business carried on is the business of selling intoxicating liquor by retail for consumption off the premises;

(c)an hotel;

(d)a restaurant;

(e)a place of public entertainment;

(f)a refreshment room in public transport premises;

(g)a seamen’s canteen.

(2) Premises shall not cease to be premises of a kind mentioned in paragraph (1)(a) by reason only of the fact that at particular times or on particular occasions the principal business carried on is the business of selling meals or refreshments or providing accommodation for guests such as is mentioned in Article 33(3).

(3) Subject to paragraph (5), a licence shall not authorise the sale of intoxicating liquor in premises of any kind mentioned in paragraph (1)(c) to (g),—

(a)unless, subject to Article 18(3)—

(i)there is being carried on in those premises a business of the type normally carried on in premises of that kind; and

(ii)the sale of intoxicating liquor is ancillary to that business;

(b)for consumption off the premises.

(4) A licence for premises other than an hotel shall be authority for the sale of intoxicating liquor only in the part or parts of the premises delineated in plans kept under Article 39(2) by the clerk of petty sessions for the petty sessions district in which the premises are situated as the part or parts of the premises in which such liquor is permitted to be sold.

(5) In relation to premises which are an hotel—

(a)paragraph (3)(a) shall not apply, where a note showing that the licence was granted—

(i)before 31st July 1902; or

(ii)between 30th July 1902 and 3rd May 1971 otherwise than under section 2(2) of the Licensing (Ireland) Act 1902(1) or section 9(a)(ii) of the Intoxicating Liquor Act (Northern Ireland) 1923(2); or

(iii)under Article 4(1) of the Licensing (Northern Ireland) Order 1978(3) or Article 12(1) of this Order in lieu of an existing licence to which head (i) or (ii) applied;

has been made on the licence and recorded in the register of licences in respect of the premises;

(b)paragraph (3)(b) shall not prohibit or restrict the sale of intoxicating liquor for consumption off the premises, where—

(i)the purchaser is a resident or diner in the premises, or

(ii)a note such as is mentioned in sub-paragraph (a) has been made on the licence and recorded in the register of licences in respect of the premises.

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