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Explanatory Memorandum to Licensing (Indoor Arenas) (Northern Ireland) Order 2004

Article 5: Attachment of conditions to licences

Paragraph (1) extends Article 7(12) of the principal Order to include an indoor arena.  That provision presently provides that a court which grants a licence in respect of a place of public entertainment may attach to the licence such conditions as it thinks fit.  A court will have a similar power with respect to licences for indoor arenas.  For example, it will have the discretion to react to concerns about the sale of alcohol at certain events particularly those aimed at young people.

Paragraph (2), in sub-paragraphs (a), (b) and (c), introduces the following amendments to Article 15 of the principal Order in relation to the renewal of licences by a court:

  • sub-paragraph (a) adds an indoor arena to the premises listed in Article 15(2)(e)(ii). This means that, providing an indoor arena has not closed because of damage to the premises, a court will not renew the licence unless the business being carried on under the licence, and to which the sale of alcohol is ancillary, has not been discontinued.

  • sub-paragraph (b) adds an indoor arena to those premises in Article 15(2)(f) which, before their licence can be renewed, a court must be satisfied that any conditions attached to the licence are being observed.

  • sub-paragraph (c) adds a new paragraph (6A) to Article 15 thereby permitting a court which renews an indoor arena licence to attach to the licence such conditions as it thinks fit.

  • Paragraph (3) inserts a new Article 77A into the principal Order. This new provision permits a court of summary jurisdiction, at any time, to attach to a licence for an indoor arena such conditions as it thinks fit, or to alter or remove any conditions already attached. Applications to the court for the attachment of conditions may only be made by the district commander for the police district in which the indoor arena is situated; but there is no restriction on who may apply for the alteration or removal of conditions.

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