The Licensing (Northern Ireland) Order 1990

Alternative permitted hours for off-sales

49.—(1) A court which grants a licence or declares a licence provisionally granted to be final or renews a licence for premises of a kind mentioned in Article 6(1)(a) may, upon the application of the person applying for the grant, declaration or renewal, by order direct that the permitted hours for a part of the premises for which the court imposes a condition under paragraph (2) shall be the hours mentioned in Article 47(2).

(2) Where a court which grants or renews a licence for premises of a kind mentioned in Article 6(1)(a) or declares a licence provisionally granted for such premises to be final is satisfied—

(a) that a specified part of the premises is structurally adapted for the sale of intoxicating liquor for consumption off the premises, and

(b) that the specified part is not connected by any internal means of passage open to customers with a part of the premises used for the sale of intoxicating liquor for consumption in the premises,

the court may insert in the licence a condition that the specified part shall not be used for the sale of intoxicating liquor for consumption in the premises.

(3) An order under paragraph (1) and the condition, if any, inserted under paragraph (2) may be revoked by a court of summary jurisdiction—

(a) on the application of the holder of the licence; or

(b) where, upon complaint made under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981(1), the court is not satisfied, in a case where the order was made under paragraph (1), that the condition mentioned in paragraph (2) has been, and the requirements of sub-paragraphs (a) and (b) of that paragraph have continued to be, complied with.

(1)

1981 NI 26