The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II LICENSING BY DISTRICT COUNCILS

   1. 3. Licensing of places of entertainment

   2. 4. Licensing of sex establishments

4. PART III CONTROL BY DISTRICT COUNCILS OF PREMISES SUPPLYING MEALS OR REFRESHMENTS

   1. 5. Closing orders with respect to premises supplying meals or refreshments

   2. 6. Closing orders—procedure and appeals

   3. 7. Contravention of closing orders

5. Part IV (Arts. 8-11) rep. by 2003 NI 2

   Part IV (Arts. 8-11) rep. by 2003 NI 2

6. PART V CONTROL BY DISTRICT COUNCILS OF ACUPUNCTURE, TATTOOING, EAR-PIERCING AND ELECTROLYSIS

   1. 12. Application of Part V

   2. 13. Acupuncture

   3. 14. Tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis

   4. 15. Provisions supplementary to Articles 13 and 14

   5. 16. Power to enter premises

7. PART VI MISCELLANEOUS FUNCTIONS OF DISTRICT COUNCILS

   1. 17. Provision of crematorium by council

   2. 18. Removal or obliteration of graffiti, placards and posters

   3. 19. Advertising on council property

   4. 20. Use of spare capacity of computers of council

   5. Art. 21 rep. by 1993 NI 15

   6. 22. Payment of sums due to deceased or mentally disordered officers of council

8. PART VII AMENDMENT AND REPEAL OF PROVISIONS RELATING TO DISTRICT COUNCILS

   1. Miscellaneous amendments of the principal Act

      1. Art. 23 rep. by 1995 NI 5

      2. 24. Payment of allowance to vice-chairman of council

      3. 25. Loans to officers for purchase of motor cars or motor cycles

      4. 26. Delegation of functions to officers

      5. 27. Custody and destruction of documents relating to securities created by a council

      6. 28. Powers of auditor in relation to unlawful items of account, amounts not accounted for, etc.

      7. 29. Regulations as to accounts and audit

      8. 30. Studies for improving economy, etc. of services of councils

      9. 31. Arrangements with specified bodies for supply of goods, services and staff

      10. 32. Mode of voting at council meeting

      11. 33. Requisitioning of meetings of a council

   2. Miscellaneous amendments of other statutory provisions

      1. Article 34—Amendments

      2. 35. Regulations as to burial grounds of councils

      3. 36. Minor amendments relating to burial grounds of councils

      4. 37. Public health inspectors to be known as environmental health officers

      5. 38. Nuisances under the Public Health (Ireland) Act 1878

      6. 39. Extension of licensing of knackers' yards by councils

      7. 40. Filling of casual vacancy on council by co-option or election

      8. Art. 41 rep. by 2002 NI 3

      9. Article 42—Amendments

      10. Article 43—Repeals

9. SCHEDULES

   1. SCHEDULE 1

      LICENSING OF PLACES OF ENTERTAINMENT

      1. Licensing of indoor places of entertainment

         1. 1. (1) An entertainment to which this paragraph applies shall not be provided at a place...

      2. Licensing of outdoor musical entertainments

         1. 2. (1) An entertainment to which this paragraph applies shall not be provided at any place...

      3. Grant, renewal and transfer of entertainments licences

         1. 3. (1) The council may grant to any applicant, and from time to time renew, a...

      4. Duration of licences

         1. 4. (1) Subject to sub-paragraphs (3) and (4) and paragraph 13, any entertainments licence other than...

      5. Applications for the grant, renewal or transfer of licences

         1. 5. (1) An application for the grant, renewal or transfer of an entertainments licence shall be...

      6. Provisional grant of licences

         1. 6. (1) Where application is made to the council for the grant of an entertainments licence...

      7. Variation of licences

         1. 7. (1) The holder of an entertainments licence may at any time apply to the council...

         2. 7A. An applicant for the variation of the terms, conditions or restrictions on or subject to...

      8. Transmission of licences on death of holder

         1. 8. In the event of the death of the holder of an entertainments licence, the person...

      9. Cancellation of licences

         1. 9. The council may, at the written request of the holder of an entertainments licence, cancel...

      10. Enforcement

          1. 10. (1) If— (a) any entertainment to which paragraph 1 applies is provided at any place...

      11. Powers of entry

          1. 11. (1) Where— (a) a constable; or (b) an authorised officer of the council; or (c)...

      12. Suspension of licences

          1. 12. (1) If it appears to the council that the provision of any entertainment at any...

      13. Appeals

          1. 13. (1) Any of the following persons, that is to say— (a) an applicant for the...

      14. Notification of police and Fire Authority

          1. 14. (1) The council shall send a copy of any entertainments licence granted by it to...

      15. Transitional provisions

          1. 15. (1) Any licence granted under section 31 of the Local Government Act (Northern Ireland) 1934...

      16. Saving for other statutory provisions

          1. 16. Nothing in this Schedule shall affect— (a) paragraph 1 of Schedule 3 to the Revision...

      17. Sex discrimination

          1. 16A. (1) Without prejudice to the generality of Article 3(1) of the Employment (Miscellaneous Provisions) (Northern...

      18. Interpretation

          1. 17. In this Schedule— (a) “the appropriate sub-divisional commander” in relation to an entertainments licence for...

   2. SCHEDULE 2

      LICENSING OF SEX ESTABLISHMENTS

      1. Saving for existing law

         1. 1. Nothing in this Schedule— (a) shall afford a defence to a charge in respect of...

      2. Meaning of “sex establishment”

         1. 2. In this Schedule “sex establishment” means a sex cinema or a sex shop.

      3. Meaning of “sex cinema”

         1. 3. (1) In this Schedule, “sex cinema” means any premises, vehicle, vessel or stall used to...

      4. Meaning of “sex shop” and “sex article”

         1. 4. (1) In this Schedule “sex shop” means any premises, vehicle, vessel or stall used for...

      5. Miscellaneous definitions

         1. 5. (1) In this Schedule— the appropriate district commander ” in relation to an application or...

      6. Requirement for licences for sex establishments

         1. 6. (1) Subject to the provisions of this Schedule, no person shall in any district in...

      7. Waiver of requirement for licence

         1. 7. (1) Any person who— (a) uses any premises, vehicle, vessel or stall as a sex...

      8. Grant, renewal and transfer of licences for sex establishments

         1. 8. (1) Subject to paragraph 12(1), the council may grant to any applicant, and from time...

      9. Duration of licences

         1. 9. Subject to paragraphs 11 and 26, any licence under this Schedule shall, unless previously cancelled...

      10. Applications for licences

          1. 10. (1) An application for the grant, renewal or transfer of a licence under this Schedule...

          2. 11. (1) Where, before the date of expiry of a licence, an application has been made...

      11. Refusal of licences

          1. 12. (1) Subject to paragraph 26, the council shall refuse an application for the grant, renewal...

      12. Power to prescribe standard conditions

          1. 13. (1) Subject to the provisions of this Schedule, the council may make regulations prescribing standard...

      13. Copies of licences and standard conditions

          1. 14. The holder of a licence under this Schedule shall keep exhibited in a suitable place...

      14. Transmission of licences on death of holder

          1. 15. In the event of the death of the holder of a licence granted under this...

      15. Cancellation of licences

          1. 16. The council may, at the written request of the holder of a licence, cancel the...

      16. Revocation of licences

          1. 17. (1) The council may, after giving the holder of a licence under this Schedule an...

      17. Variation of licences

          1. 18. (1) The holder of a licence under this Schedule may at any time apply to...

      18. Fees

          1. 19. An applicant for the grant, renewal or transfer of a licence under this Schedule shall...

      19. Enforcement

          1. 20. A person who— (a) knowingly uses, or knowingly causes or permits the use of, any...

          2. 21. Any person who, in connection with an application for the grant, renewal or transfer of...

          3. 22. (1) A person guilty of an offence under paragraph 20 or 21 shall be liable...

      20. Offences relating to persons under 18

          1. 23. (1) A person who, being the holder of a licence for a sex establishment— (a)...

      21. Powers of constables and council officers

          1. Para. 24 rep. by 1989 NI 12

          2. Para. 24 rep. by 1989 NI 12

          3. 25. (1) A constable may, at any reasonable time, enter and inspect any sex establishment in...

      22. Appeals

          1. 26. (1) Subject to sub-paragraphs (2) and (3), any of the following persons, that is to...

      23. Notification of police and Fire Authority

          1. 27. (1) The council shall send a copy of any licence granted by it under this...

      24. Provisions relating to existing premises

          1. 28. (1) Without prejudice to any other statutory provision it shall be lawful for any person...

          2. 29. (1) This paragraph applies to an application for the grant of a licence under this...

   3. Schedule 3—Amendments

   4. Schedule 4—Amendments

   5. Schedule 5—Repeals