Search Legislation

The Licensing (Northern Ireland) Order 1996

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes over time for: PART I

 Help about opening options

Changes to legislation:

The Licensing (Northern Ireland) Order 1996, PART I is up to date with all changes known to be in force on or before 17 February 2020. 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


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):



1.  In this Schedule—N.I.

  • “approved sites” has the meaning assigned to it by paragraph 4(1);

  • “the area” means the area in which the sites are situated;

  • “declaration” means a declaration under paragraph 4;

  • “the Department” means the Department of the Environment;

  • “preferred applicant” has the meaning assigned to it by paragraph 9(2);

  • “proposed re-development area” means an area in respect of which a resolution has been passed under section 8 of the [1956 c. 10 (N.I.).] Housing Act (Northern Ireland) 1956 or an area declared to be a proposed re-development area under Article 47 of the [1981 NI 3.] Housing (Northern Ireland) Order 1981;

  • “re-development area” means an area in respect of which a re-development scheme has been approved by the Department under Article 49 of the Housing (Northern Ireland) Order 1981.

Proposals as to sitesN.I.

2.—(1) A housing authority who proposes to make an application for a declaration with respect to any sites shall submit to the Department proposals as to the number and situation of those sites and as to the kind of premises that may be erected on those sites.N.I.

(2) Where the proposals relate to sites in a re-development area or proposed re-development area, the number of sites shall not exceed the number of licensed premises in the area at the time of the submission of the re-development scheme.

(3) The Department may approve, with or without modification, proposals made to it under sub-paragraph (1) and shall notify the housing authority accordingly.

(4) The housing authority may request the Department to approve modifications of proposals which have been approved under this paragraph and the Department may approve the modifications.


3.—(1) A housing authority who intends to make an application for a declaration shall—N.I.

(a)not more than 6 weeks nor less than 2 weeks before the time of the opening of the court sittings at which the application is to be made cause notice of the application to be published at least once in 2 newspapers circulating in the vicinity of the area;

(b)not less than 3 weeks before that time serve notice of the application upon the chief clerk and at the same time serve a copy of the notice upon—

(i)the sub-divisional commander of each police sub-division in which the area, or any part of it, is situated;

(ii)the district council for each district in which the area, or any part of it, is situated.

(2) The notices mentioned in sub-paragraph (1) shall be in such form and contain such information as may be prescribed by county court rules.

(3) A sub-divisional commander upon whom notice is required by sub-paragraph (1)(b) to be served, the district council mentioned in that sub-paragraph or any person owning, or residing or carrying on business in, premises in the vicinity of the area, may appear and object to the issue of a declaration with respect to any site.

(4) A person intending to object under sub-paragraph (3) shall not less than 1 week before the time of the opening of the court sitting at which the application is to be made—

(a)serve upon the housing authority notice of his intention to object, briefly stating his grounds for so doing;

(b)serve a copy of the notice upon the chief clerk.

(5) At the hearing of the application, the housing authority shall furnish such further information as to the proposed development or re-development of the area, in such detail, as the court may require.


4.—(1) Where proposals made under paragraph 2 by a housing authority have been approved by the Department, the county court on application made to it by that housing authority under Article 10(1) may, after hearing the objections, if any, made under paragraph 3, issue a declaration that the court approves the sites or any of them as sites for licensed premises of a kind or kinds specified in the declaration (in this Schedule referred to as the “approved sites”).N.I.

(2) Where proposals approved under sub-paragraph (3) of paragraph 2 are modified under sub-paragraph (4) thereof, the county court on the application of the housing authority may make a fresh declaration.

F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of declarationN.I.

5.—(1) A declaration shall, subject to sub-paragraph (2) remain in force for such period as is specified in the declaration or, where no period is so specified, for a period of 10 years from the date of the issue of the declaration.N.I.

(2) At any time, whether before or after the expiration of the period for which a declaration is in force, the county court, on application made to it by the housing authority or by any person who has acquired a site specified in the declaration, may, after hearing the objections, if any, made by virtue of sub-paragraph 3(3), order—

(a)where the application is made by the housing authority, that the declaration shall continue to be in force in relation to all the sites specified in the declaration or to such of those sites as the court thinks fit; or

(b)where the application is made by a person who has acquired an estate in a site specified in the declaration, that the declaration shall continue to be in force in relation to that site,

for such period as the court thinks fit.

(3) Paragraph 3 shall apply in relation to applications for orders under sub-paragraph (2) as if references to a declaration were references to such an order and as if references to a housing authority included references to a person who has acquired an estate in a site with respect to which an application under sub-paragraph (2) is proposed to be made.

Effect of declarationN.I.

6.  Where a declaration is in force approving any site as a site for licensed premises of a kind mentioned in Article 5(1)(a) or (b) and an application is made for the grant or provisional grant of a licence for premises of that kind which have been, or are proposed to be, erected on that site, Article 7(4)(e)(i) shall not apply.N.I.

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.