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The Registration of Clubs (Northern Ireland) Order 1996

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The Registration of Clubs (Northern Ireland) Order 1996, Section 33 is up to date with all changes known to be in force on or before 25 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


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Children's certificatesN.I.

33.—(1) In respect of premises which are or include premises to which Article 32(1) applies,—

(a)a county court which grants the registration of a club, on the application of the secretary of the club, or

(b)a court of summary jurisdiction, at any time, upon the application of the secretary of a registered club made in compliance with the procedure set out in Schedule 5,

may grant a children's certificate in respect of any part of the premises to which Article 32(1) applies.

(2) A court shall refuse an application for the grant of a children's certificate unless it is satisfied that—

(a)the part of the premises to which the application relates constitutes an environment in which it is suitable for a person under the age of 18 to be present; and

(b)meals and suitable beverages other than intoxicating liquor (including drinking water) will also be made available for consumption in that part when the certificate is operational; and

(c)that part is equipped and furnished with an adequate number of tables and chairs; and

(d)any conditions prescribed for the purposes of this Article have been complied with.

(3) Subject to paragraph (4), a children's certificate shall be operational at any time up to 9 in the evening.

(4) A court which grants a children's certificate may, on the application of the secretary of the registered club, by order direct that, on such day or days as may be specified in the order, the time when the certificate ceases to be operational shall be such earlier time as may be so specified.

(5) Where a children's certificate is in force for any part of club premises the registered club shall keep displayed in some conspicuous place in that part a notice which—

(a)states that a children's certificate is in force for that part; and

(b)explains the effect of the certificate and of the conditions under paragraph (2) or Article 32(4) which extend to it.

(6) Where paragraph (5) is contravened—

(a)the registered club; and

(b)every official of the club at the time of the contravention;

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(7) In any proceedings for an offence by reason of a contravention of paragraph (5) it shall be a defence for a person to prove that he exercised all due diligence to avoid the commission of such an offence.

(8) A children's certificate may be revoked by a court of summary jurisdiction on the application of the secretary of the registered club.

(9) Where, upon complaint made under Part VIII of the [1981 NI 6.] Magistrates' Courts (Northern Ireland) Order 1981, a court of summary jurisdiction is satisfied—

(a)that the part of the premises for which a children's certificate is in force does not constitute an environment in which it is suitable for a person under the age of 18 to be present; or

(b)in the case of a complaint made by the sub-divisional commander of the police sub-division in which the premises are situated, that any condition specified in paragraph (2)(b) to (d) or in Article 32(4) is not being complied with,

the court may—

(i)revoke the children's certificate; or

(ii)revoke any order under paragraph (4) which relates to the certificate; or

(iii)modify, in relation to the certificate, the time mentioned in paragraph (3) or in any order under paragraph (4) which relates to the certificate.

(10) A children's certificate shall be in such form as may be prescribed.

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