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The Licensing (Northern Ireland) Order 1996
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- Northern Ireland Orders in Council
- 1996 No. 3158 (N.I. 22)
- PART VI
- Legal proceedings
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The Licensing (Northern Ireland) Order 1996, Cross Heading: Legal proceedings is up to date with all changes known to be in force on or before 16 April 2024. 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.
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Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 57B inserted by 2011 c. 18 (N.I.) s. 5
Legal proceedingsN.I.
EvidenceN.I.
82.—(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 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.
AppealsN.I.
83.—(1) Without prejudice to Articles 61 and 65 of the [1980 NI 3.] County Courts (Northern Ireland) Order 1980, 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 [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981,
a person who appears as an objector in any proceedings under this Order shall be deemed to be a party to the proceedings.
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