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The Licensing (Northern Ireland) Order 1990

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PART IINTRODUCTORY

Title and commencement

1.  (1)  This Order may be cited as the Licensing (Northern Ireland) Order 1990.

(2) This Order shall come into operation on the expiration of 3 months from the day on which it is made.

Interpretation

2.  (1)  The Interpretation Act (Northern Ireland) 1954(1) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“appeal”, except in Article 88(1), includes an appeal by way of case stated;

“ballroom” means any premises which are structurally adapted and used or intended to be used for the purpose of public dancing and the use of which for such dancing is licensed under Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985(2);

“bar” means an open bar;

“business” includes any business whether or not carried on for profit;

“bus station” means premises which—

(a)

are provided by a statutory body exercising functions under the Transport Act (Northern Ireland) 1967(3) or by an undertaking which is the holder of a road service licence granted under that Act, and

(b)

include amenities and facilities (including enclosed waiting facilities elsewhere than in a licensed part of the premises) for persons who have used or intend to use the services of such an undertaking;

“cider” includes perry;

“common part”, in relation to any premises, means a part open generally to all residents or to a particular class of them;

“the Department” means the Department of Health and Social Services;

“diner” means a person who is partaking of a main table meal or is about to partake of such a meal or has just partaken of such a meal;

“doctor” means a fully registered person within the meaning of section 55 of the Medical Act 1983(4);

“enactment” has the meaning assigned to it by section 1(b) of the Interpretation Act (Northern Ireland) 1954(5);

“extension licence” means a licence granted under Article 54(1);

“harbour terminal” means premises providing amenities and facilities for persons who have travelled by sea to, or intend to travel by sea from, Northern Ireland which are built upon harbour premises in the vicinity of the point at which such persons embark or disembark;

“holder of a licence” includes a person such as is mentioned in Article 30(2);

“hotel”, without prejudice to paragraph (5), means any premises or set of premises registered in the register of hotels maintained by the Northern Ireland Tourist Board under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948(6);

“housing authority” means—

(a)

a public body exercising functions under the Housing (Northern Ireland) Order 1981(7);

(b)

the Department of the Environment;

“intoxicating liquor” means spirits, wine, beer, cider and any other fermented, distilled, or spirituous liquor, but does not include—

(a)

angostura bitters;

(b)

perfumes;

(c)

flavouring essences recognised by the Commissioner of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor;

(d)

spirits, wine or made-wine so medicated as to be, in the opinion of the Commissioners, intended for use as a medicine and not as a beverage;

(e)

any liquor which, whether made on the premises of a brewer for sale or elsewhere, is found on analysis of a sample thereof at any time to be of an original gravity not exceeding 1016° and of a strength not exceeding 1.2 per cent.;

and expressions used in sub-paragraphs (a), (d) and (e) shall have the same meaning as in the Alcoholic Liquor Duties Act 1979(8);

“licence” means a licence under this Order authorising the sale of intoxicating liquor by retail but except in Articles 68 to 70, 72, 74 and 87(3) does not include an occasional licence;

“licensed premises”—

(a)

except in the case of an hotel, means the part or parts of the premises for which a licence is in force which are delineated in the plan kept by the clerk of petty sessions as the part or parts of those premises in which intoxicating liquor is permitted to be sold by retail;

(b)

in the case of an hotel, means the hotel premises;

and for the purposes of Articles 59, 68 to 74 and 87(3) and (5) includes the place or premises specified in an occasional licence;

“licensing year” means a period beginning on 1st October in any year and ending on 30th September in the next following year;

“main table meal” means a meal which is in its entirety, or which includes, a main course and which is eaten by a person seated at—

(a)

a table; or

(b)

a counter or other structure which serves the purpose of a table and which is not used—

(i)

wholly or mainly as a bar; or

(ii)

for the service of refreshments for consumption by persons not seated at a table or that counter or structure;

“modify” means making additions, omissions, amendments or substitutions;

“notice” means notice in writing;

“occasional licence” means a licence granted under Article 32(1);

“owner”—

(a)

in relation to a business, includes any personal representative, trustee, assignee, committee, liquidator, receiver or guardian carrying on the business in exercise of a power conferred by or under any statutory provision, will or deed;

(b)

in relation to premises, means the person for the time being receiving the rack rent of the premises, whether on his own account or as personal representative, trustee, assignee, committee, liquidator, receiver or guardian, or who would so receive the same if the premises were let at a rack rent;

“permitted hours”, subject to Articles 48 to 51, means the hours specified in Article 47;

“pharmacist” means a registered pharmaceutical chemist or a registered druggist;

“place of public entertainment” means—

(a)

premises used as a theatre;

(b)

premises used as a ballroom;

(c)

premises on a licensed track within the meaning of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985(9);

(d)

such other premises used for the purposes of such entertainments, in accordance with such conditions, as may be prescribed by regulations made subject to affirmative resolution;

“police sub-division”, in relation to a sub-divisional commander, means the sub-division for which that commander acts;

“protection order” means an order granted under Article 28;

“public body” means a body constituted by or under any statutory provision;

“public part”, in relation to any premises, means a part open to customers who are not residents or guests of residents;

“public place” includes any place to which the public have access whether as of right or by permission and whether subject to or free of charge;

“public transport premises” means a railway station or an airport, or a harbour terminal or bus station as defined by this paragraph;

“regulations” except in Schedule 3, means regulations made by the Department subject (except as otherwise provided in this Order) to negative resolution;

“renewal date” in relation to any licensing year means 1st September in that year;

“resident”, in relation to premises of a kind mentioned in Article 6(1)(a) or an hotel, means a guest or traveller who has lodged in the premises or hotel for the preceding night or has in writing engaged a room for the succeeding night;

“restaurant” means any premises—

(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

(b)

for which there is in force a certificate from the Northern Ireland Tourist Board stating—

(i)

that the restaurant for which the certificate is in force is registered in the register of restaurants maintained by the Board under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948(10);

(ii)

that in the opinion of the Board the restaurant—

(aa)

is well equipped and well furnished and provides comfortable seating in the dining-room or rooms;

(bb)

is operated by a competent management and staff; and

(cc)

provides a high standard of catering; and

(iii)

that the restaurant conforms to the requirements, if any, prescribed by regulations made with the concurrence of the Department of Economic Development;

but does not include premises of a kind mentioned in Article 6(1)(a) in which there is carried on the business of selling meals or refreshments;

“seamen’s canteen” means any premises provided by a body approved by the Secretary of State which—

(a)

are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with food or drink, whether or not the food or drink is separately paid for; and

(b)

are situated in a place for which there is in force a certificate granted by the Secretary of State after consultation with the Merchant Navy Welfare Board stating that there is need for a seamen’s canteen;

“servant” includes apprentice;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954(11);

“sub-divisional commander” means a sub-divisional commander of the Royal Ulster Constabulary;

“suspended licence” means a licence suspended under Part V;

“theatre” means any place which is used primarily and ordinarily for theatrical performances and the use of which for such performances is licensed under Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985(12).

(3) References in this Order to premises include references to their curtilages.

(4) References in this Order to premises as being of any kind are references to them as being of one of the kinds mentioned in Article 6(1)(a) to (g).

(5) For the purposes of this Order, except the provisions thereof relating to the grant of licences, licensed premises shall be treated as an hotel notwithstanding that they are not registered in the register of hotels mentioned in paragraph (2), if—

(a)a note showing that the licence was granted before 31st July 1902 or under Article 4(1) of the Licensing (Northern Ireland) Order 1978(13) or Article 12(1) of this Order in lieu of such a licence, has been made on the licence and recorded in the register of licences in respect of the premises, and—

(i)the premises were before 1st October 1968, and continue to be, an hotel as defined in section 1(3) of the Intoxicating Liquor Act (Northern Ireland) 1923(14), and

(ii)the accommodation for guests which is provided in the premises is approved by the Northern Ireland Tourist Board; or

(b)the licence was granted after 30th July 1902 and before 1st October 1968 or a note showing that the licence was granted under Article 4(1) of that Order of 1978 or Article 12(1) of this Order in lieu of such a licence has been made on the licence and recorded in the register of licences in respect of the premises, and the premises—

(i)at the time of the grant were an hotel as defined in section 2(2) of the Licensing (Ireland) Act 1902(15) or section 9(a)(ii) of the Intoxicating Liquor Act (Northern Ireland) 1923, and

(ii)are registered in the register of guest houses maintained by the Northern Ireland Tourist Board under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948(16), and

(iii)continue to have no public bar for the sale of intoxicating liquor;

and for the purposes of this paragraph where a note and record are made under Article 4(1) of that Order of 1978 or Article 12(1) of this Order the licence granted under that Article 4(1) or, as the case may be, Article 12(1) and the licence in lieu of which that licence is granted shall be treated as a single licence and the premises licensed under those licences shall be treated as the same premises.

(6) In this Order any reference to selling intoxicating liquor by retail is a reference to selling such liquor as mentioned in section 4(4) of the Alcoholic Liquor Duties Act 1979(17), and any reference to making such liquor available for purchase by retail shall be construed accordingly.

(7) Any request which under any provision of this Order may be made to the holder of a licence may be made to any one of several joint holders or, if the holder is a body corporate, to the secretary or other executive officer of that body.

(8) In this Order any reference, in relation to a licence, to the register of licences is a reference to the part of the register which relates to that licence.

(9) In this Order any reference to the police sub-division in which a person resides shall, where that person is a body corporate, be construed as a reference to each police sub-division in which it carries on business under a licence.

(10) In this Order any reference to a sub-divisional commander of a police sub-division includes a reference to any other member of the Royal Ulster Constabulary nominated by him.

(11) For the purposes of section 42 of the Northern Ireland Constitution Act 1973(18) (validity of Acts of the Parliament of Northern Ireland), provisions of this Order which re-enact provisions of an Act of the Parliament of Northern Ireland shall be deemed to be provisions of such an Act.

PART IITHE GENERAL LICENSING SYSTEM

Prohibition on sale of intoxicating liquor without a licence

3.  Except as permitted by this Order, it shall be unlawful for any person to sell intoxicating liquor by retail unless he holds a licence authorising him to do so in the course of a business carried on in premises specified in the licence.

Prohibition of consumption, etc., of intoxicating liquor at entertainments organised for gain

4.  (1)  Subject to paragraph (2), it shall be unlawful to supply, keep for consumption or consume intoxicating liquor at any entertainment organised for gain in any premises.

(2) Paragraph (1) shall not apply to anything done at—

(a)any entertainment in licensed premises or in the premises of a club registered under the Registration of Clubs (Northern Ireland) Order 1987(19); or

(b)any entertainment in connection with which an occasional licence has been granted.

(3) Subject to paragraph (4), for the purposes of this Article, an entertainment shall be deemed to have been organised for gain if any pecuniary advantage accrued or was intended to accrue to any person concerned in its organisation as a result of the entertainment; and in determining whether any such advantage so accrued or was intended to accrue no account shall be taken of any expenditure incurred in connection with the entertainment.

(4) An entertainment shall not be deemed to have been organised for gain if the whole proceeds of the entertainment, after deducting the expenses of the entertainment, are devoted to purposes other than private gain.

(5) Nothing in this Article shall affect the delivery or supply of intoxicating liquor to, or the consumption of intoxicating liquor by, a person in premises in which he is residing; and in determining for the purpose of this Article whether an entertainment is being held in any premises, the presence of persons residing in the premises shall be disregarded.

Grant of licences

Persons to whom licences may be granted

5.  (1)  The person to whom a licence is granted (other than a housing authority to whom a licence is granted provisionally) shall be the owner of the business proposed to be carried on under the licence.

(2) A licence may be granted to an individual, to a body corporate or to two or more persons carrying on business in partnership.

(3) In considering the fitness of a person to hold a licence for any premises, a court shall have regard to—

(a)his character;

(b)his suitability to manage the business which is or is proposed to be carried on under the licence, or the suitability of any person who is or is proposed to be employed by him in that behalf;

(c)the extent to which, by virtue of any estate vested in him, he is entitled to possession and control of the premises.

(4) In considering the fitness of a body corporate to hold a licence, a court shall also have regard to the character of the directors of the body and any other persons who have executive control of it, as if the licence were, or were proposed to be, held by them jointly.

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(20) or section 9(a)(ii) of the Intoxicating Liquor Act (Northern Ireland) 1923(21); or

(iii)under Article 4(1) of the Licensing (Northern Ireland) Order 1978(22) 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.

Applications for the grant of licences

7.  (1)  An application for the grant of a licence shall be made to a county court.

(2) The procedure for applications for the grant of licences is set out in Part I of Schedule 1.

Powers of court on applications for licences

8.  (1)  Subject to paragraph (2), where an application is made for the grant of a licence, the court, after hearing the objections, if any, made under Part I of Schedule 1,—

(a)if the application was duly made, may grant the licence; or

(b)may refuse to grant the licence.

(2) Without prejudice to its power to refuse to grant a licence on any ground, a court shall not grant a licence for any premises unless it is satisfied—

(a)that the applicant is a fit person to hold a licence; and

(b)that the premises are of the kind specified in the application and either that they are suitable to be licensed for the sale of intoxicating liquor by retail or if they are not suitable that they will be made suitable in consequence of an order under Article 9; and

(c)where the premises are of a kind mentioned in Article 6(1)(a) or (b)—

(i)subject to paragraph (3), that the number of licensed premises of the kind specified in the application which are in the vicinity of the premises is, and having regard to any licences provisionally granted under Article 10 or any sites approved under Article 11 will be, inadequate; and

(ii)subject to paragraph (4), that a subsisting licence for premises of either such kind, or a subsisting licence in respect of which the note and record mentioned in Article 6(5)(a) have been made, has been surrendered to the clerk of the court or will be so surrendered before the licence is issued; and

(iii)where, under any statutory provision, the applicant is or will be entitled to compensation for the loss of goodwill which attached or attaches to the business carried on under the licence proposed to be surrendered, that he has abandoned his claim to so much of that compensation as is equivalent to the value of any of that goodwill which is likely to be attracted to the business proposed to be carried on under the new licence; and

(d)either—

(i)that there is in force planning permission to use the premises as premises of the kind specified in the application for the period during which the licence would be in force; or

(ii)that the premises may be used as such premises for that period without such permission.

(3) Without prejudice to paragraph 6 of Schedule 3, paragraph (2)(c)(i) shall not apply where—

(a)the subsisting licence which is proposed to be surrendered is for premises to which paragraph 2(a) of Schedule 2 applies and which were or are on the site or in the vicinity of the premises for which the licence is sought; or

(b)the site of the premises for which the licence is sought has been approved under Article 11 as a site for licensed premises of the kind specified in the application.

(4) Paragraph (2)(c)(ii) shall not apply—

(a)where—

(i)the premises for which the licence is sought are situated in an area designated by an order under section 1 or 47 of the New Towns Act (Northern Ireland) 1965(23) as the site of a new town or a town to be expanded or developed under that Act; and

(ii)if a new town commission has been established for the purposes of the town, an order has not been made under section 33 of that Act for the winding-up of the commission; or

(b)where, at any time during the period of 5 years immediately preceding the date of the application for the licence, a previous licence (including a licence under the Licensing Act (Northern Ireland) 1971(24) or under statutory provisions repealed by that Act) was in force for the premises for which the licence is sought, as being premises of the kind specified in the application, and has not been surrendered under this Order or that Act or any of those statutory provisions or annulled under any of those provisions.

(5) For the purposes of paragraph (4)(a)(ii) an order under section 131(3)(b) of the Local Government Act (Northern Ireland) 1972(25) shall have effect as if it were an order under section 33 of the New Towns Act (Northern Ireland) 1965.

(6) Schedule 2 defines the circumstances in which a licence is or is not to be treated as a subsisting licence.

(7) Where a court grants a licence under paragraph (1) in respect of premises of a kind mentioned in Article 6(1)(a) and the applicant for that licence has applied to the court for a direction specifying that on Sundays there shall be no permitted hours on the premises, the court shall give such a direction.

(8) A court which grants a licence under paragraph (1) in respect of premises of a kind mentioned in Article 6(1)(e) may attach to the licence such conditions as it thinks fit.

(9) Where by virtue of the grant of a licence in respect of any premises, those premises are licensed premises to which regulations under Article 108(1)(b) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985(26) apply the court may, on an application by the sub-divisional commander of the police sub-division in which those premises are situated, give a direction specifying the number of gaming machines which may be made available for gaming on the licensed premises in accordance with the provisions of Article 108 of that Order.

(10) Where the court refuses to grant a licence, it shall specify in its order the reasons for its refusal.

(11) Where the court gives a direction under paragraph (7) or (9) the chief clerk shall note the direction on the licence.

Grant of licence conditional on alterations being made in premises

9.  (1)  A court which grants a licence may order that, within a period fixed by the order, the holder of the licence—

(a)shall make such alterations in the licensed premises as may be specified in the order, being alterations which the court thinks necessary—

(i)to secure the proper conduct of the business carried on under the licence;

(ii)to secure compliance with the provisions of Article 33 as to the structural arrangement of premises; or

(iii)to secure that no part of any room which is used for the sale or consumption of intoxicating liquor is concealed or screened from observation in such a manner as to obstruct proper supervision; and

(b)shall deposit with the clerk of the court a plan of the premises showing the alterations so specified.

(2) Notice of any order made under paragraph (1) shall be served by the clerk of the court on the person whose name has been notified to the court as the owner of the premises.

(3) The period fixed by an order under paragraph (1) may be extended by order of a court of summary jurisdiction on the application of the holder of the licence.

(4) If the holder of the licence makes default in complying with an order under paragraph (1) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Provisional grant of licences

10.  (1)  Where premises are about to be constructed, altered or extended or are in the course of construction, alteration or extension, an application may be made to a county court for the provisional grant of a licence for those premises.

(2) An application for the provisional grant of a licence may be made by—

(a)the person who proposes to be the owner of the business to be carried on under the licence after it has been declared final under paragraph (7); or

(b)a housing authority.

(3) The procedure for applications for the provisional grant of licences is set out in Part I of Schedule 1 as modified by Part II of that Schedule.

(4) For the purposes of the provisional grant of licences Article 8 shall have effect as if—

(a)any reference to the grant of a licence were a reference to the provisional grant of a licence;

(b)any reference to the premises for which a licence is sought included a reference to proposed premises;

(c)the reference to the surrender of a subsisting licence before the licence is issued were a reference to its surrender then or before the licence is declared final;

(d)where the application is made by a housing authority, paragraph (2)(a) of that Article were omitted.

(5) A licence which is provisionally granted shall not authorise the sale of intoxicating liquor until the grant of the licence is declared final.

(6) At any time before a licence which has been provisionally granted is declared final, a county court may consent to any modification of the plans deposited under Schedule 1 if, in its opinion, the premises, when completed in accordance with the modified plans, will be suitable to be licensed for the sale of intoxicating liquor by retail and, if it does so, shall require a copy of the modified plan to be deposited with the clerk of the court.

(7) Where a licence has been granted provisionally for any premises, a county court—

(a)where the licence was granted to a person such as is mentioned in paragraph (2)(a), on the application of the holder of the licence, or

(b)where the licence was granted to a housing authority, on the application of a person nominated by the authority who proposes to be the owner of the business to be carried on under the licence in the premises,

shall, subject to paragraph (9), declare the grant of the licence final, if it is satisfied—

(i)that the premises have been completed in accordance with the plans deposited under Schedule 1 or in accordance with those plans with modifications consented to under paragraph (6), and

(ii)that the applicant is a fit person to hold a licence.

(8) The procedure for applications by persons such as are mentioned in paragraph (7) to have the provisional grant of licences declared final is set out in Part III of Schedule 1.

(9) A county court shall not entertain an application made under paragraph (7) after the expiration of 2 years from the date on which the licence was granted provisionally, unless the applicant satisfies the court that there were reasonable grounds for the failure to complete the construction, alteration or extension of the premises within that period.

(10) Where the provisional grant of a licence is declared final the chief clerk shall note the declaration on the licence.

Preliminary approval of sites and disposal in certain cases

11.  (1)  A housing authority proposing to develop or re-develop any area of land may apply to the county court with respect to any site in that area for a declaration that the court approves that site as a site for licensed premises of a kind specified in the declaration.

(2) The provisions of Schedule 3 shall have effect in connection with applications under paragraph (1), the approval of sites, the grant of licences for premises on approved sites and, where the sites are in a re-development area, the disposal of the sites or of premises erected on the sites; and the provisions as to expenses in Part III of that Schedule shall also have effect.

Grant of new licence in lieu of existing licence

12.  (1)  Where the holder of a licence which has been renewed under Article 18 (or which could have been so renewed if the renewal date had fallen between the date of the discontinuance of the principal business and the date when his application for a new licence comes before the county court) applies to a county court for the grant or provisional grant of a new licence in lieu of the existing licence, and the court is satisfied that the premises for which the new licence is sought are, or will be,—

(a)where the existing 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(27) or section 9(a)(ii) of the Intoxicating Liquor Act (Northern Ireland) 1923(28),

registered in the register of hotels maintained by the Northern Ireland Tourist Board (“the Board”) under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948(29), or

(b)where the existing licence is for premises to which Article 2(5)(a) applied, an hotel as defined by section 1(3) of the Intoxicating Liquor Act (Northern Ireland) 1923(30) providing accommodation approved by the Board, or

(c)where the existing licence is for premises to which Article 2(5)(b) applied, registered in the register of guest houses maintained by the Board under the said section 10 and without a public bar for the sale of intoxicating liquor,

the court, if it grants the licence applied for, may order that a statement be noted on the licence and recorded in the register of licences to the effect that the licence is granted in lieu of an existing licence of that description.

(2) In this Article “principal business” means the business of an hotel or the business of providing accommodation for guests in premises such as are mentioned in Article 2(5)(a) or (b).

Effect on new licence of suspension of surrendered, or previous, licence

13.  (1)  Where a suspended licence is surrendered as mentioned in Article 8(2)(c)(ii) or 10(4)(c) the court which grants the new licence or declares the provisional grant of the new licence final may direct that the suspension shall be disregarded, except where the holder of the new licence was the holder of the surrendered licence.

(2) Where—

(a)the surrendered licence is suspended and the suspension is not disregarded, or

(b)a new licence is granted by virtue of Article 8(4)(b) by reason of a previous licence having been in force for the premises and the previous licence would be suspended if it were still in force,

the new licence shall be expressed not to come into force, or, as the case requires, shall be declared not to become final, until the expiration of the period of suspension.

(3) For the purpose of paragraph (1) a person shall be deemed to be the holder of a licence if he is one of several joint holders or if he is a director of a body corporate which is the holder.

Duration of new licences

14.  (1)  Subject to the succeeding provisions of this Article, a licence shall, unless suspended, remain in force from the date on which it is granted (or, where under Article 13(2) it is expressed to come into force at any later date, from that date) until—

(a)the expiration of the licensing year in which it is granted, or

(b)if it is granted within the 3 months immediately preceding the expiration of that year, the expiration of the next-following licensing year.

(2) Where, at the hearing of an application for the grant of a licence, any person appears before the court and opposes the grant, but the court grants the licence,—

(a)until the expiry of the time for bringing an appeal against the grant and, if an appeal is brought, until the grant is confirmed or the appeal is abandoned—

(i)the licence granted shall not come into force, and

(ii)the licence, if any, which has been surrendered shall not cease to be in force;

(b)if on appeal the grant is confirmed or if the appeal is abandoned, for the purpose of determining the period for which the licence is to be in force the date when the appeal is disposed of shall be substituted for the date on which the licence was granted or for any other date earlier than the first-mentioned date on which the licence is expressed under Article 13(2) to come into force, and the chief clerk shall (if necessary) amend the licence accordingly;

(c)if on appeal the grant is not confirmed, the licence, if any, which has been surrendered shall, unless suspended, continue in force until the expiration of a period of 8 weeks after the appeal is determined, if it would have earlier ceased to be in force but for the provisions of this sub-paragraph.

(3) Where a licence granted provisionally is at any time declared final, paragraphs (1) and (2) shall apply as if the licence were granted at that time.

(4) Paragraph (1) shall not prejudice the operation of paragraph (2)(c) and Articles 21, 27(b), 28(8) and 30, under which a licence may, or may be deemed to, continue in force after the time when it would otherwise expire.

(5) Where, on granting a licence, a county court gives a direction under Article 8(9) and the holder of the licence appeals against that direction, the direction shall not take effect until the appeal is determined or abandoned.

Renewal of licences

Applications for the renewal of licences

15.  (1)  An application for the renewal of a licence shall be made to a court of summary jurisdiction except where the licence is renewed by the clerk of petty sessions under this Article.

(2) The procedure for applications for the renewal of licences is set out in Part I of Schedule 4.

(3) Subject to paragraph (4), where notice of an application for the renewal of a licence otherwise than under Article 17 or 25 has been served upon the clerk of petty sessions, he may renew the 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 on the clerk and has not been withdrawn, or

(b)the licensed premises have been altered since the last previous renewal of the licence (or, where the renewal applied for is the first renewal of the licence, since the licence was granted), or

(c)the application for renewal is in respect of premises of a kind mentioned in Article 6(1)(a) for which the applicant has also applied to the court for—

(i)a direction specifying that on Sundays there shall be no permitted hours on the premises, or

(ii)the cancellation of such a direction, or

(d)the application for renewal is made by virtue of Article 19 or with respect to a licence to which Article 82(4) or Article 85(3) applies, or

(e)an application is to be made, or an order is in force, under Article 34, Article 49 or Article 50, or

(f)the application for renewal is in respect of licensed premises for which the applicant has also applied to the court for the variation of a direction specifying the number of gaming machines which may be made available on the licensed premises or, where such a direction has not been given in respect of the licensed premises, for which the sub-divisional commander of the police sub-division in which the licensed premises are situated has applied for such a direction, or

(g)the clerk is of the opinion, for any other reason, that an application for the renewal of the 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 objectors, if any, of the requirement and of the time and place of the hearing.

(5) Where a licence is renewed, the clerk shall note the renewal on the licence.

Powers of court hearing applications for renewal

16.  (1)  Subject to paragraph (2), where an application for the renewal of a licence is made to a court of summary jurisdiction, the court, after hearing the objections, if any, made under Schedule 4,—

(a)if the application was duly made, may renew the licence, or

(b)may refuse to renew the licence.

(2) Without prejudice to its power to refuse to renew a licence on any ground, a court shall not renew a licence for any premises unless it is satisfied—

(a)that the applicant is a fit person to hold a licence; and

(b)subject to Article 19(3),—

(i)that the kind of premises specified in the application is that for which the licence was granted and the premises are of the kind so specified; and

(ii)either that the premises are suitable to be licensed for the sale of intoxicating liquor by retail or, if they are not suitable, that they will be made suitable in consequence of an order under paragraph (6); and

(c)that, having regard to the manner in which the business carried on in the premises under the licence has been conducted since the last previous renewal of the licence (or, where the renewal applied for is the first renewal of the licence, since the licence was granted), it is likely that, if the licence is renewed, the business will be conducted in a peaceable and orderly manner; and

(d)subject to Article 19(3), that—

(i)the business carried on in the premises under the licence, and

(ii)in the case of premises of a kind mentioned in Article 6(1)(c) to (g) other than an hotel in respect of which the note and record mentioned in Article 6(5)(a) have been made, the business to which the sale of intoxicating liquor under the licence is ancillary,

has not been discontinued; and

(e)where the licence is in respect of premises of a kind mentioned in Article 6(1)(e), that the conditions attached to the licence by the court under Article 8(8) have been observed.

(3) For the purposes of paragraph (2)(d)(i) a business shall be deemed not to have been discontinued if its conduct has been interrupted by reason only of the suspension of the licence.

(4) A court which renews a licence in respect of premises of a kind mentioned in Article 6(1)(a), on the application of the holder of the licence—

(a)where a direction has not been given under Article 8(7), shall give such a direction; or

(b)shall cancel a direction given under sub-paragraph (a) or Article 8(7).

(5) A court which renews a licence for any premises which are licensed premises to which regulations under Article 108(1)(b) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985(31) apply may—

(a)where a direction has not been given under Article 8(9) in respect of the licensed premises, on an application by the sub-divisional commander of the police sub-division in which the licensed premises are situated, give such a direction; or

(b)on an application by the sub-divisional commander mentioned in sub-paragraph (a), vary a direction given under sub-paragraph (a) or Article 8(9); or

(c)on an application by the holder of the licence, vary or cancel a direction given under sub-paragraph (a) or Article 8(9).

(6) Article 9 shall apply on the renewal of a licence as it applies on the grant of a licence with the substitution—

(a)for any reference to the court granting a licence of a reference to a court renewing a licence; and

(b)for the reference in paragraph (2) to the person whose name has been notified to the court as the owner of the premises of a reference to the person whose name is recorded in the register of licences as the owner of the premises.

(7) Where the court refuses an application for the renewal of a licence or for the variation or cancellation of a direction under paragraph (5), it shall specify in its order the reasons for its refusal.

(8) Where the court gives or cancels a direction under paragraph (4) or (5) or varies a direction under paragraph (5) the clerk of petty sessions shall note the direction, cancellation or variation, as the case may require, on the licence.

Power to renew licences out of time

17.  (1)  Where the holder of a licence which falls to expire at the end of a licensing year fails to serve due notice of an application for its renewal before the renewal date in that year a court of summary jurisdiction, upon application for the renewal of the licence being duly made not later than the end of the next following licensing year, may renew the licence—

(a)if it is satisfied that there was good reason for the failure; or

(b)upon the payment of an additional fee of £10, or such greater amount as may be prescribed by magistrates' courts rules, for each month or part of a month between the renewal date and the time when application is duly made under this Article for the renewal of the licence.

(2) The procedure for applications under this Article for the renewal of licences is set out in Part I of Schedule 4 as modified by Part II of that Schedule.

Renewal of licences in respect of certain premises

18.  (1)  Subject to paragraph (2), where a licence was granted for premises in which a principal business was carried on and an application for the renewal of the licence is made to a court of summary jurisdiction, the court, if satisfied—

(a)that the principal business has been discontinued in consequence of damage caused to premises and an application has been, or will be made under the Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971(32) or the Criminal Damage (Compensation) (Northern Ireland) Order 1977(33) for compensation for that damage, and

(b)that there is a likelihood that, within a reasonable period, either—

(i)the principal business will be resumed in the licensed premises, or

(ii)an application will be made to a county court for a new licence in lieu of the existing licence to enable the business to be carried on in other premises (whether on the same site or not), or

(iii)an application will be made to the county court for a new licence and the licence sought to be renewed is proposed to be surrendered as a subsisting licence,

may grant the renewal notwithstanding that—

(A)the licensed premises have ceased to exist; or

(B)the principal business has been discontinued; or

(C)the premises are no longer registered under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948(34) or, as the case may be, no longer provide accommodation approved by the Northern Ireland Tourist Board.

(2) Where an application for the renewal of the licence has been made on 2 previous occasions in respect of any premises the court shall not grant the renewal under paragraph (1) unless the applicant—

(a)satisfies the court that there were reasonable grounds for the failure either to resume the principal business in the licensed premises or to make an application for a new licence; and

(b)produces evidence to the court that he is taking the necessary steps to resume that business or make that application within the next 12 months.

(3) Where in respect of any year a licence is renewed under this Article, Articles 6(3)(a) and 50 and Article 62 in so far as it relates to Article 6(3)(a) shall not apply to the conduct of the licensed business in the licensed premises during that year.

(4) In this Article—

“principal business” means the business of an hotel or the business of providing accommodation for guests in premises such as are mentioned in Article 2(5)(a) or (b);

“licensed business” means the business of selling intoxicating liquor in premises in which a principal business is carried on.

Renewal of licence pending grant of new licence

19.  (1)  Where—

(a)the premises specified in a licence are premises such as are mentioned in sub-paragraph (a) of paragraph 2 of Schedule 2 and sub-paragraph (b) of that paragraph (where applicable) applies, and

(b)an order is not in force under Article 31 authorising the temporary continuance in other premises of the business authorised to be carried on under the licence,

the holder may, for the purpose of keeping the licence in force in order that it may be surrendered as a subsisting licence, apply under Article 15 for a renewal of the licence, and the court, if satisfied that it will be surrendered within a reasonable period, may renew the licence.

(2) Where the holder of a licence has died, his personal representative may apply under paragraph (1) for the renewal of the licence, and the court may renew the licence in his name.

(3) For the purposes of an application for renewal under paragraph (1), Article 16 shall have effect as if sub-paragraphs (b) and (d) of paragraph (2) were omitted.

Renewal of suspended licences

20.  The renewal of a suspended licence shall not affect the suspension.

Continuance of licence pending determination of appeal

21.  Where a court refuses to renew a licence and the holder of the licence appeals, the licence shall, unless suspended, continue in force until the appeal is determined or abandoned.

Duration of renewed licence

22.  (1)  Subject to paragraph (2), on the renewal of a licence it shall, unless suspended, remain in force until—

(a)if it is renewed within the 3 months immediately preceding the expiration of the then current licensing year, the expiration of the next following licensing year; or

(b)in any other case, the expiration of the then current licensing year.

(2) Paragraph (1) shall not prejudice the operation of Articles 14(2)(c), 21, 27(b), 28(8) and 30, under which a licence may, or may be deemed to, continue in force after the time when it would otherwise expire.

(3) Where, on renewing a licence, a court of summary jurisdiction gives a direction under Article 16(5)(a) or varies or cancels any direction given under Article 8(9) or 16(5)(a) and the holder of the licence appeals against the direction, variation or cancellation, as the case may require, the direction, variation or cancellation shall not take effect until the appeal is determined or abandoned.

Transfer of licences

Applications for the transfer of licences

23.  (1)  An application for the transfer of a licence shall be made to a court of summary jurisdiction.

(2) The application may be made by the person who proposes to, or has, become the owner of the business of selling intoxicating liquor by retail in the licensed premises.

(3) This Article shall apply in relation to the transfer of a licence provisionally granted as if the reference in paragraph (2) to the business of selling intoxicating liquor by retail in the licensed premises were a reference to that business as proposed to be carried on in those premises after the licence has been declared final.

(4) The procedure for applications for the transfer of, respectively, licences and licences provisionally granted is set out in Parts I and II of Schedule 5.

Powers of court on applications for transfer

24.  (1)  Subject to paragraph (2), where an application is made for the transfer of a licence the court, after hearing the objections, if any, made under Schedule 5,—

(a)if the application was duly made, may transfer the licence; or

(b)may refuse to transfer the licence.

(2) Without prejudice to its power to refuse to transfer a licence on any ground, a court shall not transfer a licence for any premises unless it is satisfied—

(a)that the applicant is a fit person to hold a licence; and

(b)subject to paragraph (3), that—

(i)the business carried on in the premises under the licence, and

(ii)in the case of premises of a kind mentioned in Article 6(1)(c) to (g) other than an hotel in respect of which the note and record mentioned in Article 6(5)(a) have been made, the business to which the sale of intoxicating liquor under the licence is ancillary,

has not been discontinued.

(3) Paragraph (2)(b) shall not apply to the transfer of a licence which is provisionally granted.

(4) For the purposes of paragraph (2)(b)(i) a business shall be deemed not to have been discontinued if its conduct has been interrupted by reason only of the suspension of the licence.

(5) Where the licence is transferred, the clerk of petty sessions shall note the transfer on the licence.

(6) Where the court refuses to transfer a licence, it shall specify in its order the reasons for its refusal.

Concurrent transfer and renewal of licences

25.  (1)  Where a person applies for a transfer of a licence the holder of which has not applied for a renewal thereof, the court on the application of that person may renew the licence before transferring it to him.

(2) A court shall not renew a licence on an application under this Article unless the application is made—

(a)within the 3 months immediately preceding the date on which the licence is due to expire; or

(b)not later than the end of the licensing year next following the date on which the licence expired; or

(c)during the currency of a protection order.

(3) The procedure for applications under this Article for the renewal of licences is set out in Part I of Schedule 4 as modified by Part II of that Schedule.

Transfer of suspended licences

26.  (1)  Subject to paragraph (2), the transfer of a suspended licence shall not affect the suspension.

(2) The court which transfers a suspended licence may terminate the suspension or may substitute for the remainder of the period of suspension any lesser period.

(3) For the purposes of this Article the suspension of a protection order made in connection with a licence shall be deemed to be a suspension of the licence.

Appeal from transfer

27.  Where, at the hearing of an application for the transfer of a licence, any person appears before the court and opposes the transfer, but the court grants the transfer,—

(a)the transfer shall not take effect until the expiry of the time for bringing an appeal against the transfer and, if an appeal is brought, until the transfer is confirmed or the appeal is abandoned;

(b)if on appeal the transfer is not confirmed, the licence shall, unless suspended, continue in force until the expiration of a period of 8 weeks after the appeal is determined, if it would have earlier ceased to be in force but for the provisions of this sub-paragraph.

Temporary continuance of business in certain circumstances

Protection orders

28.  (1)  A person who proposes to apply for the transfer of a licence or for the concurrent transfer and renewal of a licence may apply to a court of summary jurisdiction for a protection order authorising him to carry on business under the licence until an application for the transfer, or transfer and renewal, of the licence can be brought before a court.

(2) Where the holder of a licence dies and he has no personal representative or his personal representative is unwilling or unable to act, a person who is entitled in consequence of the holder’s death to a beneficial interest in the business may apply to a court of summary jurisdiction for a protection order.

(3) Where the holder of a licence has become incapable through illness or other infirmity of carrying on the business authorised by the licence, a person who proposes to carry on the business on his behalf may apply to a court of summary jurisdiction for a protection order.

(4) The procedure for applications for protection orders is set out in Schedule 6.

(5) Where an application is made for a protection order the court, if it is satisfied—

(a)that the application was duly made, and

(b)that the applicant is, or that there are reasonable grounds for believing that he may be, a person or one of several persons to whom it could transfer the licence or a person such as is mentioned in paragraph (2) or (3),

may make the order.

(6) The authority conferred by a protection order in respect of any premises shall be the same as that conferred by the licence in force (or last in force) for those premises, and, while the order is in force, the provisions of this Order (other than those relating to the renewal or transfer of licences and the foregoing provisions of this Article) shall apply as if the person to whom the order is granted were the holder of that licence.

(7) Without prejudice to the generality of paragraph (6), a protection order may be suspended as if it were a licence and shall be deemed to be suspended during any period when the licence is suspended.

(8) A licence in connection with which a protection order is in force shall be deemed to continue in force for such period as the protection order remains in force.

Supplementary provisions relating to protection orders

29.  (1)  A protection order shall, unless suspended, remain in force—

(a)for a period of 6 months or such shorter period as may be specified in the order; and

(b)where an application for the transfer of the licence is made but not finally disposed of within that period, until the time when the application (including any appeal) is finally disposed of or, where the transfer is not granted, until the expiration of a period of 8 weeks after that time;

but, notwithstanding the foregoing provisions of this paragraph, it shall cease to have effect—

(i)on the transfer of the licence; or

(ii)on the making of a further protection order under paragraph (3); or

(iii)on its revocation by a court of summary jurisdiction on application by either the holder of the licence or the holder of the protection order; or

(iv)on the surrender of the licence.

(2) Where a protection order has been made on an application under Article 28(3), a court of summary jurisdiction may, on application by the person in whose favour the order was made, make such further protection order or orders as it thinks fit.

(3) A protection order may be made to supersede a previous protection order, if the court is satisfied that the person in whose favour the previous order was made—

(a)will be unable to apply for a transfer before the expiration of that order; or

(b)consents to that order’s being superseded; or

(c)no longer proposes to apply for a transfer of the licence or is not qualified to do so; or

(d)is unable to carry on business under that order.

(4) Where the court makes a protection order the clerk of petty sessions shall note the order on the licence.

Temporary continuance of business on death, bankruptcy, etc.

30.  (1)  Where at any time—

(a)the holder of a licence dies or is adjudged bankrupt, or a composition or scheme proposed by him is approved under Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989, or a trustee is appointed under a deed of arrangement under Chapter I of that Part VIII for the benefit of his creditors, or a receiver of his property or a committee or guardian is appointed with power to manage the business carried on under the licence; or

(b)in the case of a body corporate which is the holder of a licence, a winding-up is commenced or a receiver is appointed as aforesaid;

the personal representative or, as the case requires, the person who is for the time being trustee in bankruptcy, supervisor of the composition or scheme, trustee under the deed, receiver, committee, guardian or liquidator shall be in the same position as regards carrying on business under the licence as a person in whose favour a protection order had been made at that time.

(2) Where the holder of a licence dies and he has no personal representative or his personal representative is unwilling or unable to act, the licence shall, unless suspended, continue in force for the benefit of any person entitled in consequence of his death to a beneficial interest in the business until—

(a)the expiration of a period of 2 months from the date of his death, or

(b)a protection order is made, or

(c)paragraph (1) becomes applicable by reason of the appointment of a personal representative,

whichever first occurs.

(3) The authority conferred on any person by virtue of paragraph (1) or (2) to carry on a business in licensed premises shall be suspended on the expiration of the period of 2 weeks from the date when he commenced to carry on the business unless during that period he has served notice that he is carrying on the business by virtue of that paragraph (and, if he is carrying it on by virtue of paragraph (1), the capacity in which he is doing so) upon—

(a)the clerk of petty sessions for the petty sessions district, and

(b)the sub-divisional commander of the police sub-division,

in which the premises are situated; but the authority, if so suspended, shall revive upon the service of such a notice.

Temporary continuance of business in other premises

31.  (1)  Where by reason of any circumstance such as is mentioned in paragraph 2(a)(i) or (iii) to (vi) of Schedule 2, the holder of a licence which is in force for any premises (in this Article referred to as “the original premises”) is unable to carry on business under the licence in the premises, a court of summary jurisdiction may, on an application duly made by him, make an order authorising the continuance of the business in—

(a)temporary premises erected or to be erected wholly or partly within the curtilage, or on the site, of the original premises; or

(b)other premises in the vicinity of the original premises or their site,

for such period, not exceeding 6 months, as the court thinks fit.

(2) A court shall not make an order under paragraph (1) unless it is satisfied—

(a)that the premises in which the business is proposed to be carried on are adequate for the conduct of the business and will continue to be adequate during the period of the order; and

(b)that the applicant either—

(i)proposes to resume business under the licence in the original premises within a reasonable period (if Article 37 does not apply), or

(ii)has made an application for a new licence for those or other premises, or proposes to do so within a reasonable period.

(3) An application under this Article shall be made to a court of summary jurisdiction for the petty sessions district in which the premises in which the business is sought to be continued are situated.

(4) The procedure for applications for orders under paragraph (1) is set out in Schedule 6.

(5) Where an order has been made under paragraph (1), a court of summary jurisdiction may, on application by the holder of the licence, make such further order or orders under that paragraph as it thinks fit.

(6) The temporary continuance of a business under this Article shall cease—

(a)at the end of the period specified in an order or a further order made under paragraph (1), or

(b)when the holder of the licence resumes the business in the original premises or premises for which a new licence is granted,

whichever first occurs.

(7) Where under this Article a court authorises the temporary continuance of a business in any premises—

(a)those premises shall be deemed to be the licensed premises;

(b)for the purposes of the renewal of the licence Article 16(2)(b) shall have effect as if head (ii) were omitted.

Occasional licences

Occasional licences

32.  (1)  A court of summary jurisdiction may, on an application duly made by a person who is the holder of a licence for premises of a kind mentioned in Article 6(1)(a), grant an occasional licence authorising that person to sell intoxicating liquor by retail—

(a)subject to paragraph (2), at such place, other than those premises, and

(b)during such period not exceeding 6 days at any one time, and

(c)between such hours,

as may be specified in the occasional licence.

(2) Not more than 13 occasional licences shall be granted by the court on 1 application.

(3) An application under this Article may be made to any court of summary jurisdiction sitting in the county court division in which the place for which the occasional licence is sought is situated, or to any such court sitting in an adjoining county court division for a petty sessions district which includes that place.

(4) The procedure for applications for occasional licences is set out in Schedule 7.

(5) The court shall not grant an occasional licence unless it 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 at the place and during the period and hours specified in the licence.

(6) The functions to which paragraph (5) applies are functions of an occasional nature which are 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.

(7) The days mentioned in paragraph (1)(b) may be in the same week or consecutive weeks, but nothing in this Article shall permit an occasional 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.

(8) An occasional licence shall not authorise the sale of intoxicating liquor for consumption off the place specified in the licence.

(9) If the holder of an occasional licence or any servant or agent of his sells intoxicating liquor in contravention of paragraph (8), 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.

(10) Where an occasional licence has been granted in connection with a function at any place, a constable may at any time during the period of the function enter that place for the purpose of ascertaining whether there has been any contravention of any provision of this Order, and if any person, himself or by his servant or agent or any other person acting with his knowledge or consent, fails or unreasonably delays to admit a constable, knowing him to be such, demanding to enter in pursuance of this paragraph, he 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) In any proceedings for an offence under paragraph (10) the burden of proving that any delay in admitting was reasonable shall lie upon the defendant.

(12) An occasional licence granted in connection with a function shall, at any time during the period of the function when intoxicating liquor is sold or made available for purchase at the place specified in the licence, 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) Where upon complaint made under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981(35), a court of summary jurisdiction is satisfied that functions held at the place specified in an occasional licence have been conducted so as to cause undue inconvenience to persons residing in the vicinity of that place, the court may—

(a)revoke any other occasional licences granted in respect of that place; or

(b)order that the place specified in the licence shall not be a place for which an occasional licence may be granted; or

(c)make any licences mentioned in sub-paragraph (a) subject to such terms and conditions as the court thinks fit.

(14) In this Article “place” includes “premises”.

Structure, etc., of licensed premises

Separation of certain licensed premises from other business premises

33.  (1)  Subject to paragraph (8), a business, other than that authorised by the licence and the ancillary businesses mentioned in paragraph (2), shall not be carried on in premises of a kind mentioned in Article 6(1)(a) or (b).

(2) The ancillary businesses are the businesses of—

(a)selling tobacco, cigarettes, cigars, matches and lighters;

(b)selling table waters, fruit juices, angostura bitters and confectionery containing intoxicating liquor;

(c)selling crisps and similar snack products and packaged nuts;

(d)selling cork-screws and other bottle openers;

(e)selling intoxicating liquor by wholesale;

(f)in the case of premises of a kind mentioned in Article 6(1)(a)—

(i)selling meals and refreshments;

(ii)providing entertainment;

(iii)providing accommodation for guests such as is mentioned in paragraph (3).

(3) The accommodation for guests which is provided under paragraph (2)(f)(iii) shall be accommodation—

(a)which is registered in the register of guest houses maintained by the Northern Ireland Tourist Board under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948(36); and

(b)which conforms to the requirements, if any, prescribed by regulations made with the concurrence of the Department of Economic Development.

(4) The ancillary businesses other than the business mentioned in paragraph (2)(f)(iii), shall be carried on in the premises only during the periods when the business authorised by the licence may lawfully be carried on.

(5) Subject to paragraph (7), premises of a kind mentioned in Article 6(1)(a) or (b) shall be so constructed that there is no internal means of passage between them and other premises in which a business is carried on.

(6) Where—

(a)any article is sold or made available for purchase in the course of a business which is carried on in contravention of paragraph (1) or (4), or

(b)intoxicating liquor is sold or made available for purchase in premises of a kind mentioned in Article 6(1)(a) or (b) which do not comply with paragraph (5),

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, and where sub-paragraph (a) or, as the case may be, sub-paragraph (b) is again contravened within 1 year after the conviction to a further fine not exceeding £100 for every day subsequent to the day on which he is first convicted of an offence under this paragraph on which it is so contravened.

(7) Paragraph (5) shall not prohibit internal means of passage between—

(a)premises of a kind mentioned in Article 6(1)(a) and a restaurant for which a licence is in force, if that means of passage is not open to customers during the periods when the sale or consumption of intoxicating liquor in premises of the said kind is not permitted under this Order;

(b)premises of a kind mentioned in Article 6(1)(a) or (b) and

(i)other premises of either such kind; or

(ii)premises in which the only business carried on is the business of selling intoxicating liquor by wholesale.

(8) This Article shall not apply to licensed premises such as are mentioned in Article 65(1) at an international airport.

(9) The Department may by regulations, made subject to affirmative resolution, modify the ancillary businesses mentioned in paragraph (2).

Suitability of certain premises for functions

34.  (1)  A court which grants a licence for premises mentioned in Article 50(7) or declares such a licence to be final or renews such a licence may, upon the application of the person applying for the grant, declaration or renewal, by order specify any part of the premises as being suitable for functions such as are mentioned in Article 54(6), if the court—

(a)is satisfied of that fact; and

(b)is also satisfied that—

(i)that part of the premises is structurally adapted and used or intended to be used for the purpose of providing for the accommodation of persons frequenting it substantial refreshment to which the sale of intoxicating liquor is ancillary; and

(ii)suitable means of access to that part of the premises, otherwise than through any other part of the premises which is used for the sale of intoxicating liquor, are available for customers.

(2) An order under paragraph (1) may be revoked by a court of summary jurisdiction on the renewal of the licence—

(a)at the request of the person applying for the renewal; or

(b)if the court is not satisfied of the continuance of the facts mentioned in paragraph (1)(a) and (b).

Restaurant not to contain bar

35.  (1)  A restaurant which is licensed for the sale of intoxicating liquor shall not contain a bar.

(2) Where intoxicating liquor is sold or made available for purchase in a restaurant which does not comply with paragraph (1), 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, and where this paragraph is again contravened, within 1 year after the conviction to a further fine not exceeding £100 for every day subsequent to the day on which he is first convicted of an offence under this paragraph on which it is so contravened.

Consent required for certain alterations to premises

36.  (1)  An alteration shall not be made to premises for which a licence is in force if the alteration—

(a)gives increased facilities for drinking in a public or common part of the premises; or

(b)adds to the premises a public or common part in which intoxicating liquor is sold, or substitutes one such part for another; or

(c)conceals from observation a public or common part of the premises in which intoxicating liquor is sold; or

(d)affects the means of passage between the public part of the premises where intoxicating liquor is sold and the remainder of the premises or any road or other public place,

unless either—

(i)an application under this Article has been made by the holder of the licence to a county court and the court has made an order consenting to the alteration; or

(ii)the alteration is required by order of some lawful authority and, before the alteration is made, notice of the requirement is served by the holder of the licence on the clerk of petty sessions for the petty sessions district in which the premises are situated.

(2) The procedure for applications under paragraph (1)(i) is set out in Part I of Schedule 8, and Part II of that Schedule shall have effect in relation to notices under paragraph (1)(ii).

(3) If any alteration such as is mentioned in paragraph (1) is made to premises otherwise than in accordance with an order of the county court or an order of some lawful authority, a court of summary jurisdiction may order the holder of the licence to restore, as far as is practicable, the premises to their original condition within a period fixed by the order.

(4) The period fixed by an order under paragraph (3) may be extended by order of a court of summary jurisdiction on the application of the holder of the licence.

(5) If paragraph (1)(ii) is not complied with, the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) If the holder of the licence makes default in complying with an order under paragraph (3), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

New licence required on reconstruction of premises

37.  (1)  Subject to paragraphs (2) and (3), where licensed premises (in this Article referred to as “the original premises”) are wholly or substantially destroyed or demolished and are or are to be reconstructed (with or without any extension), the licence for the original premises shall, if duly renewed and not suspended, continue in force to the extent necessary—

(a)to enable an order to be made under Article 31(1) for the temporary continuance of the business in other (including temporary) premises; and

(b)to enable the licence to be surrendered as a subsisting licence in consideration of the grant of a new licence;

but shall not be authority for the sale of intoxicating liquor in the reconstructed premises.

(2) Paragraph (1) shall not apply in the case of an hotel where the destruction, demolition or reconstruction does not affect any public or common part of the premises in which intoxicating liquor is sold.

(3) Paragraph (1) shall not apply to the demolition and reconstruction of part of any premises solely in the course of an alteration which is consented to or required as mentioned in Article 36(1) or is ordered to be made as mentioned in Article 36(3).

Form, register and proof of licences, etc.

Form of licence

38.  A licence shall be in such form as may be prescribed by regulations and shall specify—

(a)the name and address of the holder of the licence;

(b)the address of the premises for which it is granted;

(c)the kind of premises for which it is granted;

(d)the name and address of the owner of the premises;

(e)such other matters as may be prescribed by regulations.

Register of licences

39.  (1)  Each clerk of petty sessions shall keep a register, in such form as may be prescribed by regulations, of licences granted for premises in the petty sessions district for which he acts as clerk and shall record therein in respect of each licence—

(a)the matters which under Article 38 are required to be specified in the licence;

(b)particulars of any renewal or transfer, or the surrender, of the licence;

(c)particulars of any condition imposed under Article 8(8) or any direction given under Article 8(7) or 16(4)(a) and any cancellation of any such direction;

(d)particulars of any direction given under Article 8(9) or 16(5) and particulars of any variation or cancellation of any such direction;

(e)particulars of any protection order and of any notice served under Article 30(3);

(f)particulars of any order made under Article 9(1) or (3), Article 34, Article 36(1), (3) or (4), Article 49 or Article 50 in respect of premises specified in the licence and of any requirement in respect of those premises notice of which is served on him under Article 36(1)(ii);

(g)particulars of any conviction of the licence holder of any offence such as is mentioned in Article 80(1) and of any order made in consequence of the conviction;

(h)particulars of any matters such as are mentioned in paragraph (3)(c);

(i)such other matters as may be prescribed by regulations.

(2) Each clerk of petty sessions shall also keep the plans received by him under paragraph (3), Article 9(1)(b), paragraph 4 of Schedule 6 and paragraph 8 of Schedule 8, and those plans shall be deemed to be matters which are required to be, and have been, recorded in the register under paragraph (1).

(3) Where a court—

(a)on the application of any person grants or provisionally grants a licence, or declares the provisional grant of a licence to be final, or consents to a modification of plans under Article 10(6), or makes an order under Article 34, Article 36(1)(i), Article 49 or Article 50, or

(b)makes an order under Article 9, or

(c)confirms, reverses or varies any decision or determination of any other court relating to a licence or the premises for which a licence is granted, or

(d)convicts the holder of a licence of any offence such as is mentioned in Article 80(1),

the court, where it is not a court of summary jurisdiction for the petty sessions district in which the premises specified in the licence are situated, shall cause a copy of its order, and any plan which was attached to, or received in connection with, the application or order, and, where the order relates to the grant or provisional grant of a licence, particulars of any matters entered on the licence under Article 38, to be sent to the clerk of petty sessions for that district; and where a licence is surrendered the court shall cause notice of the surrender to be sent to the clerk of petty sessions who keeps the register in which particulars of that licence are recorded.

(4) A clerk of petty sessions may make such alterations in the register as are necessary to ensure that the matters recorded therein in respect of any licence are accurate.

Inspection of register

40.  A register of licences may be inspected and copies of all or any part of any entry in the register may be taken at all reasonable hours.

Returns to Department

41.  The clerk of petty sessions for any petty sessions district, in respect of each such period as may be specified by the Department, shall send to the Department a statement showing—

(a)the number of licences granted for premises in that district of each of the kinds mentioned in Article 6(1)(a) to (g);

(b)the number of licences so granted which have been renewed or transferred;

(c)the number of protection orders so granted;

(d)the number of occasional licences granted by a court of summary jurisdiction sitting in that district;

(e)the number of licences for premises in that district which have been suspended;

and containing such other information as the Department may require.

Register of licences to be evidence

42.  (1)  A register of licences shall be received in evidence of the matters required by or under this Order to be recorded in it, and any document purporting to be certified by a clerk of petty sessions to be a true copy of an entry in the register of licences kept by him shall be received in evidence of any such matters contained in the entry.

(2) On an application for the grant, provisional grant, renewal, or transfer of a licence or for a protection order the court shall have regard to the entries, if any, in the register of licences relating to the person by whom, or the premises in respect of which, the application is made.

Proof, etc., of licence

43.  (1)  A document purporting to be a licence and to be signed by the clerk of the court by which the licence was granted shall be received in evidence.

(2) A document which has been issued by the clerk of petty sessions for the petty sessions district in which the premises for which a licence was granted are situated and certified by him to contain a true copy of the particulars recorded in the register of licences in respect of that licence shall be treated for the purposes of this Order as the licence.

(3) The clerk of petty sessions may issue a document under paragraph (2) where he is satisfied that the licence has been lost or destroyed.

Provisions as to certain acquisitions of licensed premises

Provisions as to licences where premises are acquired under statutory powers

44.  A vesting order made in exercise of powers under any enactment to acquire land compulsorily does not operate, where the land being acquired includes an estate in premises for which a licence is in force, to vest that licence, or a right to apply for the transfer of that licence, in the acquiring authority.

Temporary occupation of licensed premises for purpose of carrying on business

45.  (1)  Where an estate in premises for which a licence is in force is acquired (whether by agreement or otherwise) by an authority who have powers under any enactment to acquire land compulsorily, the authority, without prejudice to their powers under any enactment other than this Article, may, for the purpose of enabling the holder of the licence to carry on in those premises business under the licence or any other business to which that business is ancillary until actual possession of the premises is required by the authority, grant to the holder of the licence a right to occupy the premises upon such terms and subject to such conditions as the authority may determine and such right to occupy may be granted so as to operate retrospectively from the date of the acquisition of the premises.

(2) Until a right to occupy the premises is granted under paragraph (1) by the acquiring authority or, where the acquiring authority do not propose to grant any such right, until such date as that authority may determine, the holder of the licence shall be deemed for the purposes of Article 5(3) to have retained the estate which he held in those premises immediately before the acquisition by the authority.

(3) The expiration of any right to occupy granted under paragraph (1) or of any estate deemed to have been retained under paragraph (2) shall not be treated as an expiration of a tenancy for the purpose of paragraph 2(a)(ii) of Schedule 2.

PART IIIPERMITTED HOURS

Prohibition of sale, etc., of intoxicating liquor outside permitted hours

46.  (1)  Except as permitted by or under this Order, a person shall not—

(a)himself or by his servant or agent—

(i)sell intoxicating liquor in licensed premises, or

(ii)permit the consumption of intoxicating liquor in licensed premises, or

(b)purchase intoxicating liquor in licensed premises, or

(c)consume intoxicating liquor in licensed premises, or

(d)take intoxicating liquor from licensed premises,

except during the permitted hours.

(2) Any person who contravenes this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) This Article shall not apply to licensed premises such as are mentioned in Article 65(1) at an international airport.

The permitted hours

General permitted hours

47.  (1)  Subject to the succeeding provisions of this Part, the permitted hours for premises of a kind mentioned in Article 6(1)(a), (c), (d), ( f) and (g) are the hours—

(a)on week-days, other than Good Friday or Christmas Day, from half past 11 in the morning to 11 in the evening; and

(b)on Good Friday from 5 in the afternoon to 11 in the evening.

(2) The permitted hours for premises of a kind mentioned in Article 6(1)(b) are the hours on week-days, other than Christmas Day, from half past 9 in the morning to 9 in the evening.

Permitted hours in certain premises on Sunday and Christmas Day

48.  In addition to the hours mentioned in Article 47(1), the permitted hours for—

(a)premises of a kind mentioned in Article 6(1)(a);

(b)an hotel;

(c)a restaurant;

(d)a refreshment room in an airport;

include—

(i)except in the case of such premises mentioned in sub-paragraph (a) with respect to of which a direction under Article 8(7) or 16(4)(a) is in force, the hours on Sunday (not being Christmas Day) from half past 12 in the afternoon to 10 in the evening with a break of 4 and a half hours beginning at half past 2 in the afternoon; and

(ii)the hours on Christmas Day from half past 12 in the afternoon to 10 in the evening.

Alternative permitted hours for off-sales

49.  (1)  A court which grants a licence or declares a licence provisionally granted to be final or renews a licence for premises of a kind mentioned in Article 6(1)(a) may, upon the application of the person applying for the grant, declaration or renewal, by order direct that the permitted hours for a part of the premises for which the court imposes a condition under paragraph (2) shall be the hours mentioned in Article 47(2).

(2) Where a court which grants or renews a licence for premises of a kind mentioned in Article 6(1)(a) or declares a licence provisionally granted for such premises to be final is satisfied—

(a)that a specified part of the premises is structurally adapted for the sale of intoxicating liquor for consumption off the premises, and

(b)that the specified part is not connected by any internal means of passage open to customers with a part of the premises used for the sale of intoxicating liquor for consumption in the premises,

the court may insert in the licence a condition that the specified part shall not be used for the sale of intoxicating liquor for consumption in the premises.

(3) An order under paragraph (1) and the condition, if any, inserted under paragraph (2) may be revoked by a court of summary jurisdiction—

(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(37), the court is not satisfied, in a case where the order was made under paragraph (1), that the condition mentioned in paragraph (2) has been, and the requirements of sub-paragraphs (a) and (b) of that paragraph have continued to be, complied with.

Additional permitted hours in certain premises providing entertainment

50.  (1)  Subject to the provisions of this Article and Article 18(3), 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 Article 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 11 in the evening to 1 in the morning of the day next following shall, in addition to the hours mentioned in Articles 47(1) and 48, be included in the permitted hours for those premises.

(2) The procedure for applications under paragraph (1) is set out in Schedule 9.

(3) A court shall not make an order under paragraph (1) unless it is satisfied—

(a)that each part of the premises specified in the order is structurally adapted and used or intended to be used for the purpose of habitually providing, for the accommodation of persons frequenting it, musical or other entertainment as well as substantial refreshment; and

(b)if such an order was in force with respect to the premises during the preceding year, that—

(i)the requirements of sub-paragraph (a) were complied with; and

(ii)the business was conducted during the hours mentioned in paragraph (1) and any period immediately following their termination in such a manner as not to cause undue inconvenience to persons residing in the vicinity of the premises; and

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

(4) Where upon complaint made under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981(38), a court of summary jurisdiction is satisfied—

(a)that the business carried on in premises to which an order under paragraph (1) applies is being conducted during the hours mentioned in that paragraph 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; or

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

the court may—

(i)revoke the order; or

(ii)modify the order or, in relation to the order, the hours mentioned in paragraph (1); or

(iii)make the continuance of the order subject to such terms and conditions as the court thinks fit.

(5) Nothing in this Article shall permit an order 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 to a person admitted to the premises after half past 12 in the morning or, where the entertainment is due to end before 1 in the morning, less than half an hour before the entertainment is due to end.

(6) In this Article “entertainment” does not include any form of entertainment given otherwise than by persons actually present and performing, and no part of any premises shall be treated for the purposes of this Article as used or intended to be used for the purpose of habitually providing refreshment and entertainment unless it is used or intended to be used for the purpose of providing them after, and for a substantial period preceding, the end of the general permitted hours mentioned in Article 47(1) on every weekday or on particular weekdays in every week, any break for a period or periods not exceeding 2 weeks in any 3 successive months, or on any special occasion, or by reason of any emergency being disregarded.

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

(a)an hotel;

(b)a restaurant;

(c)any part of premises of a kind mentioned in Article 6(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.

Permitted hours for places of public entertainment

51.  The permitted hours for a place of public entertainment are that part of the hours mentioned in Article 47(1) and in the case of a theatre, Article 48 which comprises—

(a)the period of an entertainment; and

(b)periods, not exceeding 30 minutes in each case, which immediately precede the commencement and immediately succeed the termination of an entertainment.

Exceptions

Residents in, and deliveries to, certain premises

52.  The foregoing provisions of this Part shall not prohibit or restrict the doing of any of the following things outside the permitted hours—

(a)the selling of intoxicating liquor to a resident in premises of a kind mentioned in Article 6(1)(a) which provides accommodation for guests such as is mentioned in Article 33(3) or an hotel or the taking of it by him from such premises or hotel, or the consumption or permitting consumption of it in such premises or hotel by him or his guests;

(b)the dispatch, in a vehicle or receptacle, by the holder of a licence for premises which are either of a kind mentioned in Article 6(1)(a) or (b) or an hotel to which Article 6(5)(b)(ii) applies, of intoxicating liquor sold by him for delivery and consumption off the premises.

Consumption or removal after permitted hours of liquor bought during those hours

53.  Where intoxicating liquor is sold in licensed premises during the permitted hours, the foregoing provisions of this Part shall not prohibit—

(a)during the first 30 minutes after the conclusion of the permitted hours and in premises of a kind mentioned in Article 6(1)(a), an hotel, a restaurant, a refreshment room in an airport or a theatre on a Sunday during the first 30 minutes after the beginning of the afternoon break, except where the premises are—

(i)part of premises of a kind mentioned in Article 6(1)(a) with respect to which an order under Article 49 is in force; or

(ii)of a kind mentioned in Article 6(1)(b);

the consumption or permitting consumption of the liquor in the premises;

(b)during the first 30 minutes after the conclusion of the permitted hours, the taking of the liquor from the premises in a sealed container, if the premises are—

(i)of a kind mentioned in Article 6(1)(a) (except where the liquor is taken from a part of the premises with respect to which an order under Article 49 is in force or where the liquor was sold in contravention of Article 63(1); or

(ii)an hotel (except where the liquor was sold in contravention of Article 6(3)(b) or 63(1)).

Extension licences

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.

Miscellaneous

Persons found on licensed premises outside permitted hours, etc.

55.  (1)  Where a person is found on licensed premises outside the permitted hours or any period such as is mentioned in Article 53,—

(a)he shall, unless he proves that he is there for a lawful purpose, be guilty of an offence; and

(b)the holder of the licence if, himself or by his servant or agent, he permits that person to be there and does not prove that he is there for a lawful purpose shall be guilty of an offence;

and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) Where, on being asked by a constable for his name and address, a person found on licensed premises outside the permitted hours or such a period as aforesaid—

(a)refuses to give them; or

(b)gives a false name or address; or

(c)refuses to answer satisfactorily any question put to him to ascertain the correctness of the name or address given,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Power of Secretary of State to vary hours in certain circumstances

56.  Where it appears to the Secretary of State that it is expedient for the preservation of public order that the permitted hours should be restricted or there should be no permitted hours, he may by order direct that in such place or places as may be specified in the order and on such day or days, not exceeding 3 in number, and in premises of such kind or kinds as may be so specified the permitted hours shall be the hours so specified or there shall be no permitted hours.

PART IVCONDUCT OF LICENSED PREMISES, ETC.

General provisions regulating sale, etc., possession and delivery of intoxicating liquor

Penalty for selling, etc., intoxicating liquor without a licence

57.  (1)  Any person who, himself or by his servant or agent,—

(a)where he is not the holder of a licence, sells intoxicating liquor by retail or makes it available for purchase by retail, or

(b)where he is the holder of a licence, either sells intoxicating liquor by retail or makes it available for purchase by retail in any premises or place where he is not authorised under this Order to sell such liquor by retail,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both and any intoxicating liquor found in his possession and its containers shall be liable to be forfeited.

(2) Where intoxicating liquor is sold or made available for purchase in any premises in contravention of this Article, every occupier of the premises who is proved to have had knowledge of or consented to the contravention shall be guilty of an offence under this Article.

(3) Without prejudice to Article 85, for the purposes of this Article a vessel shall be deemed to be premises and paragraph (2) shall apply to the master of a vessel as it applies to the occupier of premises.

Penalty for consumption of intoxicating liquor at entertainments organised for gain

58.  (1)  Where a person—

(a)himself or by his servant or agent, supplies or keeps intoxicating liquor for consumption in contravention of Article 4(1), or

(b)being a person concerned in the organisation of an entertainment, himself or by his servant or agent, permits any person to supply, keep for consumption or consume intoxicating liquor in contravention of Article 4(1), or

(c)being the holder of a licence, himself or by his servant or agent, delivers intoxicating liquor to any premises mentioned in Article 4(1) or permits it to be so delivered, or

(d)consumes intoxicating liquor in contravention of Article 4(1),

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both and, except in the case of an offence under sub-paragraph (c), any intoxicating liquor found in his possession and its containers shall be liable to be forfeited.

(2) Where Article 4(1) is contravened, every occupier of the premises who is proved to have had knowledge of or consented to the contravention shall be guilty of an offence under this Article.

(3) Without prejudice to Article 85, for the purposes of this Article a vessel shall be deemed to be premises and paragraph (2) shall apply to the master of a vessel as it applies to the occupier of premises.

Restrictions on sale of certain kinds of alcohol

59.  (1)  A person shall not, himself or by his servant or agent, sell, make available for purchase or supply in any licensed premises any liquor which consists of or is mixed with any alcohol of a kind other than ethyl alcohol.

(2) Any person acting in contravention of paragraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises

60.  (1)  Where part or parts of any premises (other than premises of a kind mentioned in Article 6(1)(b) or (c)) are licensed premises the holder of the licence, himself or by his servant or agent, shall not permit any other person to consume intoxicating liquor in any other part of the premises.

(2) If paragraph (1) is contravened 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.

(3) Where the holder of a licence is charged with an offence under this Article it shall be a defence to prove—

(a)that the liquor was supplied by the person in charge of the business carried on under the licence at the expense of the holder or that person; and

(b)that it was consumed by either—

(i)the holder of the licence or that person, or his guests; or

(ii)persons employed in the premises for the purposes of the business carried on under the licence; and

(c)that it was consumed in a part of the premises to which the public do not have access.

Penalty for breach of terms of off-licence

61.  (1)  Where, having purchased intoxicating liquor from the holder of an off-licence or his servant or agent, a person consumes the liquor—

(a)in the licensed premises, or

(b)in premises which adjoin or are near the licensed premises and which belong to the holder of the licence or are under his control or used by his permission,

then, that person and the holder of the licence, if the consumption is with his or his servant’s or agent’s knowledge or consent, shall be guilty of an offence.

(2) If the holder of an off-licence, himself or by his servant or agent, with intent to evade the terms of the licence takes any intoxicating liquor from the licensed premises for the purpose of its being sold on his account or for his benefit or profit, he shall be guilty of an offence.

(3) A person guilty of an offence under paragraph (1) or (2) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) For the purposes of paragraph (2), if liquor is taken for the purpose of its being consumed in any premises or place belonging to the holder of the licence, or used or occupied by him, the burden of proving that he did not intend to evade the terms of the licence shall lie upon him.

(5) In this Article “off-licence” means a licence for premises of a kind mentioned in Article 6(1)(b).

Selling, etc., intoxicating liquor contrary to conditions applicable to certain licences

62.  Subject to Article 18(3), where any person who is the holder of a licence for premises of a kind mentioned in Article 6(1)(c) to (g), himself or by his servant or agent, either sells intoxicating liquor or makes it available for purchase in those premises otherwise than in compliance with the conditions set out in Article 6(3) which relate to premises of that kind, 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 to both.

Restriction as to sale, etc., of intoxicating liquor for consumption off the premises and conditions as to sale, etc., in restaurants

63.  (1)  The holder of a licence for premises of a kind mentioned in Article 6(1)(a) or an hotel shall not, himself or by his servant or agent, sell intoxicating liquor to, or make it available for purchase by, any person for consumption off the premises—

(a)on weekdays or Good Friday after nine in the evening; or

(b)on Sunday or Christmas Day.

(2) Where a restaurant is licensed for the sale of intoxicating liquor, the holder of the licence shall not, himself or by his servant or agent, sell such liquor to, or make it available for purchase by, any person or permit it to be consumed by any person unless the conditions set out in paragraph (3) are complied with.

(3) The conditions mentioned in paragraph (2) are that—

(a)the intoxicating liquor is sold for consumption and is consumed—

(i)as an ancillary to a main table meal; and

(ii)in a part of the restaurant set apart for the service of such meals or for the service of intoxicating liquor and other beverages to diners before or after such meals; and

(b)suitable beverages other than intoxicating liquor (including drinking water) are also made available for consumption.

(4) Any person acting in contravention of paragraph (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Paragraph (1) shall not prohibit or restrict the selling of intoxicating liquor for consumption off the premises to a resident in premises of a kind mentioned in Article 6(1)(a) which provides accommodation for guests such as is mentioned in Article 33(3) or an hotel or the taking of it by him from such premises or hotel.

Places of public entertainment

64.  (1)  Where a place of public entertainment of any description is licensed for the sale of intoxicating liquor, such liquor shall not be sold or made available for purchase there, except where—

(a)it is sold to, or made available for purchase by, persons employed or attending an entertainment in the premises; and

(b)other beverages and food are also made available for purchase; and

(c)any conditions prescribed by regulations applying to places of public entertainment of that description are observed.

(2) If paragraph (1) is contravened 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.

International airports

65.  (1)  Where any licensed premises are within the examination station approved under section 22 of the Customs and Excise Management Act 1979(39) for an airport the Department may, by order, specify the airport as an international airport.

(2) The Department shall not specify an airport as an international airport unless—

(a)it appears to it that there is a substantial amount of international passenger traffic at the airport; and

(b)it is satisfied that arrangements have been made for affording reasonable facilities on licensed premises within the examination station referred to in paragraph (1) at the airport for obtaining hot and cold beverages other than intoxicating liquor at all times when such liquor is obtainable for consumption in the premises.

(3) Where it appears to the Department that at any airport specified as an international airport by order under paragraph (1) the arrangements referred to in paragraph (2)(b) are not being maintained, it shall revoke that order in relation to the airport, but without prejudice to its power of making a further order with respect to it.

Seamen’s canteens

66.  (1)  Where a seamen’s canteen is licensed for the sale of intoxicating liquor, such liquor shall not be sold or made available for purchase there, except where—

(a)it is sold to, or made available for purchase by, persons who are entitled to use the canteen under rules in force under Article 82; and

(b)other beverages and food are also made available for purchase.

(2) If paragraph (1) is contravened 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.

Conditions as to delivery of intoxicating liquor

67.  (1)  A person shall not, himself or by his servant or agent,—

(a)deliver in pursuance of a sale any intoxicating liquor from any vehicle or receptacle unless the quantity, description and price of the liquor and the name and address of the person to whom it is to be delivered had been entered before the liquor was dispatched—

(i)in a day book kept on the premises from which the liquor was dispatched; and

(ii)in a delivery book or invoice, carried by the person delivering the liquor; or

(b)carry in any vehicle or receptacle, while in use for the delivery of intoxicating liquor in pursuance of a sale, any liquor for which there is no entry in any such day book and delivery book or invoice; or

(c)deliver any intoxicating liquor in pursuance of a sale at any address not entered in any such day book and delivery book or invoice; or

(d)refuse to allow a constable to examine any such vehicle or receptacle or any such day book or delivery book or invoice.

(2) Any person acting in contravention of paragraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In any proceedings against the holder of a licence for an offence under this Article committed by his servant or agent it shall be a defence for him to prove—

(a)that the commission of the offence was due to some cause beyond his control; and

(b)that he took all reasonable precautions and exercised due diligence to avoid the commission of such an offence.

Minors

Minors prohibited from certain premises

68.  (1)  During the permitted hours a minor shall not be in—

(a)any part of premises of a kind mentioned in Article 6(1)(a) which is—

(i)structurally adapted for the sale of intoxicating liquor for consumption off the premises; and

(ii)not connected by any internal means of passage open to customers with a part of the premises used for the sale of intoxicating liquor for consumption in the premises;

(b)any part of premises of a kind mentioned in Article 6(1)(b);

(c)any part of any other licensed premises which—

(i)contains a bar; or

(ii)is used exclusively or mainly for the sale and consumption of intoxicating liquor.

(2) The holder of a licence himself or by his servant or agent, or such a servant or agent, shall not allow a minor to be in any part of the licensed premises as mentioned in paragraph (1) during the permitted hours.

(3) A person shall not cause or procure any minor to go to, or to be in, any part of licensed premises as mentioned in paragraph (1) during the permitted hours.

(4) Any person acting in contravention of paragraph (1), (2) or (3) shall be guilty of an offence and shall be liable on summary conviction—

(a)for a contravention of paragraph (1), to a fine not exceeding level 3 on the standard scale;

(b)for a contravention of paragraph (2) or (3), to a fine not exceeding level 4 on the standard scale.

(5) In any proceedings for an offence by reason of a contravention of paragraph (2) it shall be a defence—

(a)in the case of proceedings against the holder of the licence for an offence committed by his servant or agent, for the holder of the licence to prove that he exercised all due diligence to avoid the commission of such an offence; or

(b)in any other case, for the holder of the licence or his servant or agent to prove—

(i)that he exercised all due diligence to avoid the commission of such an offence; or

(ii)that he had no reason to suspect that the minor was not of full age.

(6) Where a minor represents himself to be of full age for the purpose of being in any part of licensed premises as mentioned in paragraph (1) during the permitted hours, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Paragraphs (1) and (2) shall not apply with respect to a minor who is in a part of premises mentioned in paragraph (1)(a) or (b) and is accompanied by a parent and nothing in this Article shall apply with respect to a minor who is—

(a)a child of the licence holder; or

(b)a person who has attained the age which is the upper limit of compulsory school age and is apprenticed to the holder of the licence under a contract in writing; or

(c)resident in the licensed premises, but not employed there; or

(d)in a part of licensed premises as mentioned in paragraph (1) solely for the purposes of passing to or from some other part of the premises which is not such a part as aforesaid and to or from which there is no other convenient means of access; or

(e)in a refreshment room in public transport premises or in a room constructed, fitted and intended to be used for any purpose to which the holding of a licence is ancillary.

(8) Where a minor who is found in any part of licensed premises as mentioned in paragraph (1) is apprenticed to the holder of the licence, the minor or the holder shall at the request of a constable produce the contract of apprenticeship within 7 days of the request to, or in accordance with reasonable directions of, the constable for examination, and if it is not so produced the minor or, as the case may be, the holder shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Sale, etc., of intoxicating liquor to minors

69.  (1)  Subject to paragraph (5), the holder of a licence himself or by his servant or agent, or such a servant or agent, shall not—

(a)sell or deliver intoxicating liquor to a minor; or

(b)sell or deliver intoxicating liquor to any person for consumption by a minor in the licensed premises; or

(c)sell or deliver intoxicating liquor to any person for consumption by a minor off the licensed premises; or

(d)permit a minor to consume intoxicating liquor—

(i)in the licensed premises; or

(ii)in premises which adjoin or are near the licensed premises and which belong to the holder of the licence or are under his control or used by his permission.

(2) A minor shall not—

(a)purchase intoxicating liquor; or

(b)consume intoxicating liquor in any place or premises except premises used only as a private residence.

(3) A person shall not purchase intoxicating liquor for delivery to, or consumption by, a minor in any place or premises except premises used only as a private residence or deliver it to, or permit it to be consumed by, him in any such place or premises.

(4) Subject to paragraph (5), a person shall not send a minor for the purpose of obtaining intoxicating liquor sold or to be sold in licensed premises for consumption off the premises whether the liquor is to be obtained from the licensed premises or other premises from which it is delivered in pursuance of the sale.

(5) Paragraphs (1) and (4) shall not prohibit or restrict—

(a)the delivery of intoxicating liquor to a minor, where the delivery is made at the residence or working place of the purchaser;

(b)the employment, by the holder of a licence, of a minor who is a child of the licence holder or his servant, as a messenger to deliver intoxicating liquor.

(6) Any person acting in contravention of paragraph (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on summary conviction—

(a)for a contravention of paragraph (1), (3) or (4), to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both;

(b)for a contravention of paragraph (2), to a fine not exceeding level 3 on the standard scale.

(7) In any proceedings for an offence by reason of the contravention of paragraph (1) it shall be a defence—

(a)in the case of proceedings against the holder of the licence for an offence committed by his servant or agent, for the holder of the licence to prove that he exercised all due diligence to avoid the commission of such an offence; or

(b)in any other case, for the holder of the licence or his servant or agent to prove—

(i)that he exercised all due diligence to avoid the commission of such an offence; or

(ii)that he had no reason to suspect that the minor was not of full age.

(8) Where a minor represents himself to be of full age for the purpose of obtaining, or being permitted to consume, intoxicating liquor, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Preservation of order

Drunkenness in licensed premises

70.  (1)  Where the holder of a licence himself or by his servant or agent, or such a servant or agent,—

(a)permits drunkenness or any disorderly conduct to take place in the licensed premises, or

(b)sells intoxicating liquor to a drunken person knowing him to be such,

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.

(2) Where any person is found drunk in licensed premises he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) Where the holder of a licence or his servant or agent is charged under paragraph (1)(a) with permitting drunkenness, and it is proved that any person was drunk in the licensed premises, the burden of proving that the defendant took all reasonable steps to prevent drunkenness in the premises shall lie upon him.

Procuring drink for drunken person

71.  (1)  If any person in licensed premises procures intoxicating liquor for consumption by a drunken person he shall be guilty of an offence.

(2) If any person aids a drunken person in obtaining or consuming intoxicating liquor in licensed premises he shall be guilty of an offence.

(3) If any person without reasonable excuse brings a drunken person into licensed premises he shall be guilty of an offence.

(4) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person shall not be convicted of an offence under this Article unless the court is satisfied that he knew or ought to have known the condition of the person in connection with whom the charge is brought.

Power to exclude drunken persons, etc., from licensed premises

72.  (1)  Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, the holder of a licence or his servant or agent may refuse to admit to, or may expel from, the licensed premises any person who is drunken, or is acting in a disorderly manner, or whose presence in the licensed premises would subject the holder of the licence to a penalty under this Order or under any other statutory provision.

(2) If any person liable to be expelled from licensed premises under this Article, when requested by the holder of the licence or his servant or agent or a constable to leave the premises, fails to do so, 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.

(3) A constable shall, on the demand of the holder of a licence or his servant or agent, help to expel from the licensed premises any person liable to be expelled from those premises under this Article, and may use such force as may be required for the purpose.

Riotous, disorderly or indecent behaviour in licensed premises

73.  (1)  A person who in any licensed premises uses—

(a)riotous, disorderly or indecent behaviour, or

(b)behaviour whereby a breach of the peace is likely to be occasioned,

shall be guilty of an offence.

(2) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Prostitutes not to be allowed to assemble on licensed premises

74.  (1)  Where the holder of a licence himself or by his servant or agent, or such a servant or agent, permits the licensed premises to be the habitual resort or place of meeting of reputed prostitutes, whether the object of their so resorting or meeting is or is not prostitution, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Paragraph (1) shall not prohibit any such persons from being permitted to remain in the premises for the purpose of obtaining reasonable refreshment for such time as is necessary for that purpose.

Miscellaneous

Provision for inspection and rights of entry

75.  (1)  A constable may, at any reasonable time,—

(a)for the purpose of inspecting the suitability of—

(i)premises in respect of which a notice of application has been served under paragraph 1(c) of Schedule 1 for the grant of a licence under this Order, or

(ii)licensed premises in respect of which a notice of application has been served under paragraph 3 of Schedule 4 for the renewal of a licence under this Order and in which since the last previous renewal of the licence (or, where the renewal to be applied for is the first renewal of the licence, since the licence was granted), alterations have been made,

enter and inspect the premises or, as the case may be, the licensed premises;

(b)for the purpose of ascertaining whether a contravention of this Order is being or has been committed or whether any conditions which are applicable under this Order are being or have been complied with, enter and inspect—

(i)licensed premises; or

(ii)premises which adjoin or are near licensed premises and which belong to the holder of the licence or are under his control or used by his permission.

(2) If any person—

(a)fails or delays without reasonable excuse to admit a constable who demands admission to the premises under paragraph (1), or

(b)on being required by a constable to do so, fails without reasonable excuse to permit the constable to inspect the premises,

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.

(3) If, on complaint on oath, a justice of the peace is satisfied that there are reasonable grounds for suspecting that an offence under this Order is being, has been or is about to be committed at any place, he may issue a warrant in writing authorising any constable to enter that place, if necessary by force, and to search that place.

(4) Any constable who enters any place under the authority of a warrant issued under paragraph (3) may—

(a)seize and remove any intoxicating liquor and its containers found in that place which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Order; and

(b)search any person found at that place whom he has reasonable cause to believe to be committing or to have committed any such offence.

(5) In paragraphs (3) and (4) “place” includes “premises”.

Persons found on unlicensed premises, etc.

76.  (1)  Where on any premises or in any place any liquor is sold or made available for purchase or permitted to be consumed in contravention of Article 57, 59 or 60, any person found there shall, unless he proves that he is there for a lawful purpose, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) Where, on being asked by a constable for his name and address, a person found as mentioned in paragraph (1)—

(a)refuses to give them; or

(b)gives a false name or address; or

(c)refuses to answer satisfactorily any question put to him to ascertain the correctness of the name or address given,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Production of licence

77.  The holder of a licence or protection order shall at the request of a constable produce it within 7 days of the request to, or in accordance with the directions of, the constable for examination, and if it is not so produced he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

PART VSUSPENSION OF LICENCES

Suspension of licences

78.  (1)  Where the holder of a licence is convicted of—

(a)an offence under Article 46(1)(a), 59, 62, 63 or 69(1), committed in or in relation to the licensed premises, and had previously been convicted of an offence under any of those Articles committed in or in relation to those premises, or

(b)an offence under section 13 of the Criminal Law Amendment Act 1885(40) (permitting premises to be a brothel), where the offence was committed in the licensed premises or in premises which adjoin or are near them,

the court shall, unless satisfied that by reason of extenuating circumstances in connection with the offence (which shall be specified by the order) the licence ought not to be suspended, suspend the licence.

(2) Where the holder of a licence is convicted of an offence under—

(a)any provision of this Order, other than an offence to which sub-paragraph (1)(a) applies of which he is convicted in circumstances such as are mentioned in that sub-paragraph, or

(b)the Food (Northern Ireland) Order 1989(41), where the offence was committed in or in relation to the licensed premises, or

(c)the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985(42), where the offence was committed in the licensed premises,

the court may suspend the licence.

(3) Without prejudice to paragraph (2), where the holder of a licence in respect of any premises is convicted of an offence under—

(a)Article 46(1)(a) by virtue of a contravention of—

(i)Article 48 or 50, or

(ii)Article 51 in relation to the hours mentioned in Article 48, or

(b)Article 54(9) or 63(4),

the court, instead of suspending the licence under paragraph (2), may—

(i)in the case of an offence under Article 46(1)(a), order that the premises shall not be premises to which Article 48, Article 50 or, as the case may require, Article 51 in relation to the hours mentioned in Article 48 applies, or

(ii)in the case of an offence under Article 54(9), order that the premises shall not be premises to which Article 54 applies, or

(iii)in the case of an offence under Article 63(4), order that the premises shall not be premises to which Article 48 applies,

for such period as the court may determine.

(4) The period for which a licence is suspended under paragraph (1) or (2) shall be not less than 1 week or more than 3 months, except that, where in consequence of a conviction such as is mentioned in paragraph (2)(b) an order is made under section 14 of the said Act of 1958 disqualifying the holder of a licence for using the licensed premises for the purposes of a food business which is or includes the business authorised by the licence, the licence may be suspended for the period during which the order is in force.

(5) The suspension of a licence shall be in addition to any other penalty which may be imposed by the court.

(6) A suspended licence shall not be in force during the period of suspension except for the purposes of the provisions of this Order relating to the surrender, renewal or transfer of licences and to protection orders.

(7) A licence may be suspended for any period notwithstanding that it is due to expire before the commencement of, or during, that period.

Penalty for opening licensed premises during period of suspension

79.  Where the holder of a licence himself or by his servant or agent sells intoxicating liquor or makes it available for purchase in the premises or permits it to be consumed in the premises—

(a)on any day on which the licence for the premises is suspended, or

(b)in the case of premises to which an order under Article 78(3) applies, outside the permitted hours specified in Article 47(1),

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both and the court shall order the licence to be suspended for a period or, as the case may be, an additional period of not less than 1 month or more than 1 year.

Procedure in connection with suspension

80.  (1)  Where the holder of a licence is charged with an offence under—

(a)any provision of this Order, or

(b)the Food (Northern Ireland) Order 1989(43), where the offence was committed in or in relation to the licensed premises, or

(c)the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985(44) where the offence was committed in the licensed premises, or

(d)section 13 of the Criminal Law Amendment Act 1885(45),

the court may require the register of licences in which particulars of the licence are recorded, or a copy of the entries therein relating to the licence, to be produced for inspection by the court before passing sentence.

(2) A court which suspends a licence or makes an order under Article 78(3) shall order the holder of the licence to deliver it to the clerk of the court within a period specified in the order, unless it has already been so delivered and has not been returned under paragraph (3); and if he contravenes the 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 to both.

(3) The clerk of a court to whom a licence is delivered under paragraph (2) shall—

(a)if he is not the clerk of petty sessions who keeps the register in which particulars of the licence are recorded, send the licence to that clerk of petty sessions; or

(b)subject to paragraph (4) if he keeps that register, retain the licence;

and the licence shall not be returned to the holder of the licence until the end of the period of suspension.

(4) The clerk of petty sessions who keeps the register as mentioned in paragraph (3) shall, in the case of a licence for premises with respect to which an order under Article 78(3) applies, note the effect of the order and the period for which it has effect on the licence.

Appeals against suspension of licence, etc.

81.  Where on conviction of an offence a licence is suspended or an order under Article 78(3) is made the suspension or, as the case may be, the order shall not take effect—

(a)until the expiry of the time for bringing an appeal against the conviction or against the suspension or as the case may be, the making of the order, and

(b)if such an appeal is brought, until the appeal has been determined or abandoned.

PART VIMISCELLANEOUS

Seamen’s canteens

Special provisions with respect to grant or renewal of licences for seamen’s canteens

82.  (1)  Before application is made for the grant of a licence for a seamen’s canteen, draft rules as to the persons entitled to use the canteen shall be prepared.

(2) A copy of the draft rules shall be attached to the notice, and the copies of the notice, mentioned in paragraph 1(c) of Schedule 1.

(3) Without prejudice to Article 8(2)(a) and (b), a court shall not grant a licence for a seamen’s canteen unless the body providing the canteen undertake to make rules for the canteen in the form of the draft, with the modifications, if any, required by the court, and not to vary those rules without the consent of a court.

(4) Without prejudice to article 16(2), a court shall not renew a licence for a seamen’s canteen unless it is satisfied—

(a)that the rules as to the persons entitled to use the canteen have been observed; and

(b)that those rules have not been and will not be varied otherwise than with the consent of a court.

(5) An application for consent to the variation of rules under this Article may be made to a court of summary jurisdiction.

Wholesale dealers

Sales by wholesalers, etc.

83.  (1)  A wholesaler within the meaning of section 4 of the Alcoholic Liquor Duties Act 1979(46) shall not sell intoxicating liquor to any person in Northern Ireland other than a person mentioned in paragraph (2) unless—

(a)the wholesaler is the holder of a licence under this Order for premises which are either of a kind mentioned in Article 6(1)(a) or (b) or an hotel to which Article 6(5)(b)(ii) applies; and

(b)the sale is made in those premises during the permitted hours.

(2) The persons referred to in paragraph (1) are—

(a)the holder of a licence under this Order;

(b)a wholesaler within the meaning of the said section 4;

(c)a public body;

(d)any person who may lawfully sell intoxicating liquor by retail without a licence;

(e)a club which is registered under the Registration of Clubs (Northern Ireland) Order 1987(47); or

(f)any other persons of such classes as may be prescribed by regulations made subject to affirmative resolution.

(3) Any person acting in contravention of paragraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) A manufacturer of, or wholesale dealer in, cider, notwithstanding that he is not the holder of a licence, may sell cider to the holder of a licence in any quantity.

Pharmacists

Sale of intoxicating liquor, etc., by pharmacists

84.  (1)  A pharmacist notwithstanding that he does not hold a licence may sell or supply medicine consisting of or including intoxicating liquor, if—

(a)subject to paragraph (2), it is sold or supplied for use in accordance with the order or prescription of a doctor; or

(b)it is of a kind prescribed by regulations.

(2) The order or prescription—

(a)shall be produced to the pharmacist before the sale or supply of the medicine, and shall not be returned to the person for whose benefit it was given or to any other person acting on his behalf; and

(b)shall be authority for the sale or supply of such a medicine on one occasion only.

(3) The provisions of this Order, other than this Article, shall not apply to the sale or supply of intoxicating liquor as or in medicine by a pharmacist in accordance with paragraphs (1) and (2).

Vessels, aircraft and trains

Licences for non-seagoing vessels

85.  (1)  A licence may be granted in respect of a vessel other than a seagoing vessel as if it were premises situated at the place from which it plies and notwithstanding that it is not premises of a kind mentioned in Article 6(1)(a) to (g).

(2) When a court grants a licence under paragraph (1) it may attach to the licence such conditions as it thinks fit.

(3) Without prejudice to Article 16(2), a court shall not renew a licence granted under paragraph (1) unless it is satisfied that the conditions of the licence have been observed.

(4) The conditions of a licence granted under paragraph (1) may be varied by a court which renews or transfers the licence.

(5) If any condition of a licence granted under paragraph (1) is not observed, the holder of the licence and the master of the vessel shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Without prejudice to paragraphs (1) to (5), Article 57(3) and Article 58(3), this Order shall apply in relation to a vessel for which a licence is in force as if the vessel were premises.

(7) In the provisions of this Order relating to offences by the holders of licences, any reference to the holder of a licence for a vessel shall include a reference to the master of the vessel and any reference to a servant or agent of the holder shall, in relation to the master, include a reference to any person employed in the vessel.

Application of Order to certain seagoing vessels and to aircraft and railway passenger vehicles

86.  (1)  This Order shall not prohibit the sale without a licence of intoxicating liquor to passengers in a seagoing vessel, an aircraft or a railway passenger vehicle for consumption on board the vessel, aircraft or vehicle, if the following conditions are observed.

(2) The conditions mentioned in paragraph (1) are—

(a)that the vessel, aircraft or vehicle is of a kind employed for the carriage of passengers;

(b)in the case of a vessel, that the vessel is one which plies between a place in Northern Ireland and a place in a country other than Northern Ireland and that the liquor is sold only—

(i)during the period commencing 1 and a half hours before the time fixed for departure and ending at the time of departure; and

(ii)while the vessel is being navigated;

(c)in the case of an aircraft, that the liquor is sold only while the aircraft is in flight;

(d)in the case of a railway passenger vehicle, that the vehicle is one in which passengers can be supplied with food and the liquor is served in the course of a railway journey on which fare paying passengers are carried by a railway undertaking.

Legal proceedings

Evidence

87.  (1)  Evidence that a transaction in the nature of a sale of intoxicating liquor took place shall, in any proceedings relating to an offence under this Order, be evidence of the sale of the liquor without proof that money passed.

(2) Evidence that consumption of intoxicating liquor was about to take place shall in any such proceedings be evidence of the consumption of intoxicating liquor without proof of actual consumption.

(3) Evidence that any person, other than the licence holder or his servant or agent obtained, consumed or intended to consume intoxicating liquor in the licensed premises shall be evidence that the liquor was sold to that person by the holder of the licence or his servant or agent.

(4) Where intoxicating liquor in open containers is found in any premises, consumption of intoxicating liquor shall, in any proceedings for a contravention of any provision of this Order, be deemed to have taken place in those premises, unless the contrary is proved.

(5) Where it is proved that intoxicating liquor has been sold in or in any part of licensed premises and taken outside those premises or that part, it shall be deemed to have been sold for consumption off the premises or, as the case may be, that part, unless the contrary is proved.

Appeals

88.  (1)  Without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order 1980(48), 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 of 1980 and the appeal were brought under Article 60 of that Order of 1980.

(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(49),

a person who appears as an objector in any proceedings under this Order shall be deemed to be a party to the proceedings.

Supplemental

Exemptions and savings

89.  Nothing in this Order shall—

(a)affect the operation of the Planning (Northern Ireland) Order 1972(50);

(b)apply to the sale or consumption of intoxicating liquor to or in any canteen in which the sale of intoxicating liquor is carried on under the authority of the Secretary of State or the Police Authority for Northern Ireland or to or in any authorised mess of members of Her Majesty’s naval, military or air forces;

(c)prejudice or affect the sale by any manufacturing or wholesale chemist and druggist of spirits of wine wholesale for medicinal purposes to registered medical practitioners, duly registered pharmaceutical chemists, chemists and druggists or persons requiring the spirits for use for scientific purposes in any laboratory;

(d)apply to the sale or supply of medicated spirits or spirits or spirituous liquor made up in medicine by a doctor;

(e)apply to intoxicating liquor in confectionery which—

(i)does not contain intoxicating liquor in a proportion greater than one-fiftieth of a gallon of liquor (containing a quantity of ethyl alcohol amounting to 57 per cent. of the volume of the liquor inclusive of the alcohol contained in it as at 20°C) per pound of the confectionery; and

(ii)either consists of separate pieces weighing not more than 1 and a half ounces or is designed to be broken into such pieces for the purposes of consumption;

(f)apply to the sale of intoxicating liquor to or by a public body exercising functions in connection with the training of persons who are or propose to become engaged or employed in the hotel or catering industry, if it is supplied with meals prepared or served by such persons by way of demonstration or consumed as ancillary to such a meal.

Modifications of Schedules, amendments, transitional provisions, savings and repeals

90.  (1)  The provisions of Schedule 1, paragraph 3 of Schedule 3 and Part I of Schedule 8 may be modified by county court rules and the provisions of Schedules 4 to 7, Part II of Schedule 8 and Schedules 9 and 10 may be modified by magistrates' courts rules, and any rules made under this paragraph may make consequential modifications of this Order.

(2) The statutory provisions set out in Schedule 11 shall have effect subject to the amendments specified in that Schedule.

(3) The transitional provisions and savings contained in Schedule 12 shall have effect for the purposes of this Order.

(4) The statutory provisions set out in Schedule 13 are hereby repealed to the extent specified in column 3 of that Schedule.

G. I. de Deney

Clerk of the Privy Council

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