The Licensing (Northern Ireland) Order 1987

Permitted hours

8.—(1) In section 42 of the Licensing Act (general permitted hours)—

(a) for the words from the beginning to “permitted hours” there shall be substituted—

“(1)  Subject to the succeeding provisions of this part, the permitted hours for premises of a kind mentioned in section 3(1)(a), (c), (d), (f) and (g)”;

(b) at the end there shall be added—

“(2) The permitted hours for premises of a kind mentioned in section 3(1)(b) are the hours on week-days, other than Christmas Day, from half past nine in the morning to nine in the evening.”.

(2) In section 43 of the Licensing Act (permitted hours on Sunday and Christmas Day) for the words from the beginning to “restaurant” there shall be substituted—

“In addition to the hours mentioned in section 42(1), the permitted hours for—

(i) premises of a kind mentioned in section 3(1)(a) (except such premises for which a direction under section 5(5C) or 12(3B)(a) is in force);

(ii) an hotel;

(iii) a restaurant;

(iv) a refreshment room in an airport;”.

(3) In section 46 of the Licensing Act (permitted hours for places of public entertainment) for “section 42” there shall be substituted “section 42(1) and in the case of a theatre, section 43”.

(4) For section 57 of the Licensing Act (conditions as to sale, etc., of intoxicating liquor in hotels on Sunday or Christmas Day and in restaurants) there shall be substituted—

“57.    Conditions as to sale, etc., of intoxicating liquor on Sunday or Christmas Day and in restaurants.

(1) The holder of a licence for—

(a) premises of a kind mentioned in section 3(1)(a) (except such premises for which a direction under section 5(5C) or 12(3B)(a) is in force); or

(b) an hotel; shall not, himself or by his servant or agent, on Sunday or Christmas Day sell intoxicating liquor to, or make it available for purchase by, any person for consumption off the premises.

(2) Where a restaurant is licensed for the sale of intoxicating liquor, the holder of the licence shall not, himself or by his servant or agent, sell such liquor to, or make it available for purchase by, any person or permit it to be consumed by any person unless the conditions set out in subsection (3) are complied with.

(3) The conditions mentioned in subsection (2) are that—

(a) the intoxicating liquor is sold for consumption and is consumed—

(i) as an ancillary to a main table meal; and

(ii) in a part of the restaurant set apart for the service of such meals or for the service of intoxicating liquor and other beverages to diners before or after such meals; and

(b) suitable beverages other than intoxicating liquor (including drinking water) are also made available for consumption.

(4) Any person acting in contravention of subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Subsection (1) shall not prohibit or restrict the selling of intoxicating liquor for consumption off the premises to a resident in premises of a kind mentioned in section 3(1)(a) which provides accommodation for guests such as is mentioned in section 28(2A) or an hotel or the taking of it by him from such premises or hotel.”.