Prospective
70.—(1) A place is, subject to paragraph (2), a designated public place if it is—
(a)a public place in the district of a council; and
(b)identified in an order made by that council under paragraph (3).
(2) A place is not a designated public place or a part of such a place if it is—
(a)licensed premises or a place within the curtilage of such premises;
[F1(aa)a relevant pavement café area;]
(b)a registered club or a place within the curtilage of such a club; or
(c)a place at which the sale of intoxicating liquor is for the time being authorised by an occasional licence.
(3) A council may for the purposes of paragraph (1) by order identify any public place in its district if it is satisfied that—
(a)nuisance or annoyance to members of the public or a section of the public; or
(b)disorder,
has been associated with the consumption of intoxicating liquor in that place.
(4) The power conferred by paragraph (3) includes power—
(a)to identify a place either specifically or by description;
(b)to revoke or amend orders previously made.
(5) The Secretary of State shall by regulations prescribe the procedure to be followed in connection with the making of orders under paragraph (3).
(6) Regulations under paragraph (5) shall, in particular, include provision requiring councils to publicise the making and effect of orders under paragraph (3).
[F2(7) In this Article “a relevant pavement café area” means a public area which—
(a)is an area shown under section 5 of the Licensing of Pavement Cafés Act (Northern Ireland) 2014 on the plan in a pavement café licence which is in force;
(b)for the time being has temporary furniture on it that under the terms of that licence is permitted to be on that area at that time;
(c)is associated with licensed premises which are—
(i)premises of a kind mentioned in Article 5(1)(a) of the Licensing (Northern Ireland) Order 1996;
(ii)a hotel;
(iii)a guest house in which the business of a restaurant is carried on;
(iv)a restaurant; or
(v)a refreshment room in public transport premises; and
(d)is not subject to an alcohol condition.
(8) For the purposes of paragraph (7)—
(a)the area is “associated with” particular premises if those premises are (or are part of) the premises in respect of which the pavement café licence relating to the area was granted;
(b)the area is “subject to an alcohol condition” if the pavement café licence relating to the area includes a condition requiring the licence holder not to permit persons to consume intoxicating liquor when using furniture on the area.]
Textual Amendments
F1Art. 70(2)(aa) inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 4(2); S.R. 2016/126, art. 2 (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 70)
F2Art. 70(7)(8) inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 4(3); S.R. 2016/126, art. 2 (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 70)