Licensing Act (Northern Ireland) 2016

2016 CHAPTER 24

An Act to make provision for the granting of licences to authorise the sale of intoxicating liquor at outdoor stadia.

[12th May 2016]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Interpretation

1.  In this Act “the principal Order” means the Licensing (Northern Ireland) Order 1996 (N.I. 22).

Meaning of “outdoor stadium”

2.—(1) In Article 2 of the principal Order (interpretation), in paragraph (2) after the definition of “occasional licence” there shall be inserted—

““outdoor stadium” has the meaning given in Article 2AA;”.

(2) After Article 2A of the principal Order there shall be inserted—

““2AA.    Meaning of “outdoor stadium”

In this Order outdoor stadium means any premises—

(a) which are structurally adapted and used, or intended to be used, for the purpose of providing a venue primarily for a variety of outdoor sporting events and activities,

(b) which include one or more areas for indoor events and activities, and

(c) which are designated in regulations as a stadium which the Department considers to be of importance to the whole of Northern Ireland.”.

Licences for outdoor stadia

3.—(1) Article 5 of the principal Order (premises for which licences may be granted) shall be amended in accordance with subsections (2) and (3).

(2) In paragraph (1), after sub-paragraph (k) there shall be inserted—

“(l) an outdoor stadium.”.

(3) In paragraphs (3) and (6), for “(k)” there shall be substituted “(l)”.

(4) In each of the following provisions of the principal Order, for “(k)” there shall be substituted “(l)”—

(a) Article 2(4) (meaning of references to premises);

(b) Article 15(2)(e)(ii) (renewal of licences);

(c) Article 22(6)(c)(ii) (transfer of licences).

Attachment of conditions to licences

4.—(1) In Article 7 of the principal Order (grant of licences), in paragraph (12) after the words “or an indoor arena” there shall be inserted “or an outdoor stadium”.

(2) In Article 15 of the principal Order (renewal of licences by a court)—

(a) in paragraph (2)(f), for the words “or an indoor arena” there shall be substituted “, an indoor arena or an outdoor stadium”; and

(b) in paragraph (6A) after “indoor arena” there shall be inserted “or an outdoor stadium”.

(3) In Article 77A of the principal Order (the cross-heading before which becomes “Indoor arenas and outdoor stadia” and the title to which becomes “Attachment of conditions to licences for indoor arenas or outdoor stadia”)—

(a) in paragraph (1), after “indoor arena” there shall be inserted “or outdoor stadium”; and

(b) after paragraph (2) there shall be inserted—

“(2A) In exercising a power under paragraph (2) in the case of a licence for an outdoor stadium, the court shall consider whether there should be attached to the licence conditions which would be appropriate in circumstances in which the outdoor stadium was being used primarily for events designed to appeal to persons under the age of 18 (regardless of whether the application relates to that matter).”.

Temporary continuance of business

5.  In Article 29 of the principal Order (temporary continuance of business in other premises), in paragraph (2A), in both places where it occurs, for “indoor arena,” there shall be substituted “indoor arena oroutdoor stadium,”.

Suitability for functions

6.  In Article 48 of the principal Order (suitability of certain premises for functions), in paragraph (4) after sub-paragraph (dd) there shall be inserted—

“(de) an outdoor stadium;”.

Requirements with respect to sale of intoxicating liquor

7.—(1) In Article 52A of the principal Order (the title to which becomes “Indoor arenas and outdoor stadia”), in paragraph (1), after “indoor arena” there shall be inserted “or outdoor stadium”.

(2) In Article 58 of the principal Order (young persons prohibited from certain premises), in paragraph (13) after sub-paragraph (f) there shall be inserted

“; or

(g) in any part of an outdoor stadium containing a kiosk or other salespoint from which food and beverages, including intoxicating liquor, are made available for purchase.”.

(3) In Part 1 of Schedule 10A to the principal Order (penalty points for offences punishable with level 3 fine on the standard scale), in the entry for Article 52A(2), after “indoor arenas” there shall be inserted “or outdoor stadia”.

Commencement and short title

8.—(1) This Act comes into operation on 1 September 2016.

(2) This Act may be cited as the Licensing Act (Northern Ireland) 2016.