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The Cinemas (Northern Ireland) Order 1991

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This is the original version (as it was originally made).

Offences

12.—(1) If—

(a)any premises in respect of which a licence under Article 3 is not in force are used for an exhibition which requires such a licence,

(b)any premises in respect of which a consent under Article 4 is not in force are used for an exhibition which requires such a consent,

(c)any premises in respect of which a licence of either kind is in force are used for an exhibition which requires a licence of that kind and are so used otherwise than in accordance with the terms, conditions or restrictions on or subject to which the licence is held,

(d)any premises in respect of which a licence under Article 3 is in force are used for an exhibition to which Article 8 applies and are so used otherwise than in accordance with the conditions or restrictions on or subject to which the licence is held, so far as they relate to the matters specified in Article 6(2)(a), or

(e)any premises are used for an exhibition to which regulations under Article 6 apply and are so used in contravention of those regulations,

then, subject to paragraph (3), each of the persons mentioned in paragraph (2) shall be guilty of an offence.

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

(a)any person concerned in the organisation or management of the exhibition,

(b)where a licence of either kind is in force in respect of the premises and the exhibition requires a licence of that kind, the holder of the licence,

(c)where a licence under Article 3 is in force in respect of the premises and the exhibition is one to which Article 8 applies, the holder of the licence under Article 3,

(d)any other person who, knowing or having reasonable cause to suspect that the premises would be used as mentioned in that paragraph—

(i)allowed the premises to be so used, or

(ii)let the premises, or otherwise made them available, to any person by whom an offence in connection with that use of the premises has been committed.

(3) It shall be a defence for a person charged with an offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

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