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The Licensing (Northern Ireland) Order 1996

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The Licensing (Northern Ireland) Order 1996, Section 73 is up to date with all changes known to be in force on or before 20 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Suspension of licences on conviction of certain offencesN.I.

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

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an offence under section 13 of the [1885 c. 69.] Criminal Law Amendment Act 1885 (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, by order, suspend the licence.

(2) Where—

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

(i)any provision of this Order, F2... or

(ii)the [1991 NI 7.] Food Safety (Northern Ireland) Order 1991, where the offence was committed in or in relation to the licensed premises, or

(b)the holder of a licence or his servant or agent is convicted of an offence under the [1985 NI 11.] Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985, where—

(i)the offence was committed in the licensed premises, and

(ii)in the case of an offence committed by a servant or agent of the holder of the licence, the offence was committed with the knowledge of the holder of the licence,

the court may suspend the licence.

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)(a)(ii) a prohibition order or emergency prohibition order is made under Article 10 or 11 of the said Order of 1991 prohibiting the holder of a licence from 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 under paragraph (1) or (2) shall be in addition to any other penalty which may be imposed by the court.

(6) Article 72(5) shall apply where a court suspends a licence under paragraph (1) or (2) as it applies where a court suspends a licence under that Article.

(7) A licence may be suspended under paragraph (1) or (2) for any period notwithstanding that it is due to expire before the commencement of, or during, that period.

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F2Words in art. 73(2)(a)(i) repealed (1.5.2012) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011 (c. 18), ss. 2(3)(b), 18, Sch. 4; S.R. 2012/28, art. 2, Sch.; S.R. 2012/48, art. 2, Sch.

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