- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Licensing of Pavement Cafés Act (Northern Ireland) 2014, Cross Heading: Variation on application of licence holder.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
8—(1) A person who holds a pavement café licence in respect of any premises may apply to the council in whose district the premises are situated for—
(a)a variation of the conditions, if any, specified in the licence under section 6(3); or
(b)a variation of the area covered by the licence.
(2) The application must specify the variation that the applicant wishes to be made.
(3) Sections 10 and 11 apply in relation to an application under this section.
(4) Where an application for a variation of conditions specified in a pavement café licence under section 6(3) is made to a council in accordance with this Act, the council may—
(a)make the variation applied for;
(b)make such other variation of the conditions as it thinks fit (including by specifying conditions under section 6(3) that were not specified in the application); or
(c)refuse the application.
(5) Where an application for a variation of the area covered by a pavement café licence is made to a council in accordance with this Act, the council must grant the application unless it considers that it ought to refuse the application on one or more of the grounds set out in section 4(2).
(6) Before deciding an application under this section the council may consult such persons as it considers appropriate.
(7) In deciding an application under this section, the council must take into account any representations relating to the application which are made by any person to the council within the period allowed for representations.
(8) Any reference in this Act to the variation of conditions specified in a licence under section 6(3) includes the removal of any such conditions.
(9) Any reference in this Act to a variation of the area covered by a pavement café licence is a reference to a variation of that area such that, after the variation, at least 75% of the area falls within the area as it was before the variation.
(10) In section 4(2)(a) as it applies for the purposes of subsection (5) above, the reference to the public area where the applicant wishes to place temporary furniture for use for the consumption of food or drink is to be read as a reference to the part of that area which is not already covered by the licence.
Commencement Information
I1S. 8 in operation at 1.10.2016 by S.R. 2016/126, art. 2
9—(1) This section applies where—
(a)a person holds a pavement café licence in respect of any premises;
(b)the pavement café licence includes a condition (“an alcohol condition”) requiring the licence holder not to permit persons to consume intoxicating liquor when using furniture on the area covered by the licence; and
(c)the premises specified in the pavement café licence are not premises licensed under the Licensing Order of a kind mentioned in Article 5(1)(b) of that Order (off-licences).
(2) The holder of the pavement café licence may apply to the council in whose district the premises are situated for the pavement café licence to be varied by the removal of the alcohol condition.
(3) Sections 10 and 11 apply in relation to an application under this section.
(4) Where an application under this section is made to a council in accordance with this Act, the council may—
(a)remove the alcohol condition; or
(b)if it is satisfied that permitting persons to consume intoxicating liquor when using furniture on the area covered by the licence would be likely to result in disorder, refuse the application.
(5) Before deciding an application under this section the council—
(a)must consult the district commander for the police district in which the premises are situated; and
(b)may consult such other persons as it considers appropriate.
(6) In deciding an application under this section, the council must take into account any representations relating to the application which are made by any person to the council within the period allowed for representations.
Commencement Information
I2S. 9 in operation at 1.10.2016 by S.R. 2016/126, art. 2
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.
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.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: