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The Licensing (Northern Ireland) Order 1990

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II THE GENERAL LICENSING SYSTEM

    1. 3.Prohibition on sale of intoxicating liquor without a licence

    2. 4.Prohibition of consumption, etc., of intoxicating liquor at entertainments organised for gain

    3. Grant of licences

      1. 5.Persons to whom licences may be granted

      2. 6.Premises for which licences may be granted

      3. 7.Applications for the grant of licences

      4. 8.Powers of court on applications for licences

      5. 9.Grant of licence conditional on alterations being made in premises

      6. 10.Provisional grant of licences

      7. 11.Preliminary approval of sites and disposal in certain cases

      8. 12.Grant of new licence in lieu of existing licence

      9. 13.Effect on new licence of suspension of surrendered, or previous, licence

      10. 14.Duration of new licences

    4. Renewal of licences

      1. 15.Applications for the renewal of licences

      2. 16.Powers of court hearing applications for renewal

      3. 17.Power to renew licences out of time

      4. 18.Renewal of licences in respect of certain premises

      5. 19.Renewal of licence pending grant of new licence

      6. 20.Renewal of suspended licences

      7. 21.Continuance of licence pending determination of appeal

      8. 22.Duration of renewed licence

    5. Transfer of licences

      1. 23.Applications for the transfer of licences

      2. 24.Powers of court on applications for transfer

      3. 25.Concurrent transfer and renewal of licences

      4. 26.Transfer of suspended licences

      5. 27.Appeal from transfer

    6. Temporary continuance of business in certain circumstances

      1. 28.Protection orders

      2. 29.Supplementary provisions relating to protection orders

      3. 30.Temporary continuance of business on death, bankruptcy, etc.

      4. 31.Temporary continuance of business in other premises

    7. Occasional licences

      1. 32.Occasional licences

    8. Structure, etc., of licensed premises

      1. 33.Separation of certain licensed premises from other business premises

      2. 34.Suitability of certain premises for functions

      3. 35.Restaurant not to contain bar

      4. 36.Consent required for certain alterations to premises

      5. 37.New licence required on reconstruction of premises

    9. Form, register and proof of licences, etc.

      1. 38.Form of licence

      2. 39.Register of licences

      3. 40.Inspection of register

      4. 41.Returns to Department

      5. 42.Register of licences to be evidence

      6. 43.Proof, etc., of licence

    10. Provisions as to certain acquisitions of licensed premises

      1. 44.Provisions as to licences where premises are acquired under statutory powers

      2. 45.Temporary occupation of licensed premises for purpose of carrying on business

  4. PART III PERMITTED HOURS

    1. 46.Prohibition of sale, etc., of intoxicating liquor outside permitted hours

    2. The permitted hours

      1. 47.General permitted hours

      2. 48.Permitted hours in certain premises on Sunday and Christmas Day

      3. 49.Alternative permitted hours for off-sales

      4. 50.Additional permitted hours in certain premises providing entertainment

      5. 51.Permitted hours for places of public entertainment

    3. Exceptions

      1. 52.Residents in, and deliveries to, certain premises

      2. 53.Consumption or removal after permitted hours of liquor bought during those hours

    4. Extension licences

      1. 54.Extension licences for sale, etc., of liquor in certain premises outside permitted hours

    5. Miscellaneous

      1. 55.Persons found on licensed premises outside permitted hours, etc.

      2. 56.Power of Secretary of State to vary hours in certain circumstances

  5. PART IV CONDUCT OF LICENSED PREMISES, ETC.

    1. General provisions regulating sale, etc., possession and delivery of intoxicating liquor

      1. 57.Penalty for selling, etc., intoxicating liquor without a licence

      2. 58.Penalty for consumption of intoxicating liquor at entertainments organised for gain

      3. 59.Restrictions on sale of certain kinds of alcohol

      4. 60.Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises

      5. 61.Penalty for breach of terms of off-licence

      6. 62.Selling, etc., intoxicating liquor contrary to conditions applicable to certain licences

      7. 63.Restriction as to sale, etc., of intoxicating liquor for consumption off the premises and conditions as to sale, etc., in restaurants

      8. 64.Places of public entertainment

      9. 65.International airports

      10. 66.Seamen’s canteens

      11. 67.Conditions as to delivery of intoxicating liquor

    2. Minors

      1. 68.Minors prohibited from certain premises

      2. 69.Sale, etc., of intoxicating liquor to minors

    3. Preservation of order

      1. 70.Drunkenness in licensed premises

      2. 71.Procuring drink for drunken person

      3. 72.Power to exclude drunken persons, etc., from licensed premises

      4. 73.Riotous, disorderly or indecent behaviour in licensed premises

      5. 74.Prostitutes not to be allowed to assemble on licensed premises

    4. Miscellaneous

      1. 75.Provision for inspection and rights of entry

      2. 76.Persons found on unlicensed premises, etc.

      3. 77.Production of licence

  6. PART V SUSPENSION OF LICENCES

    1. 78.Suspension of licences

    2. 79.Penalty for opening licensed premises during period of suspension

    3. 80.Procedure in connection with suspension

    4. 81.Appeals against suspension of licence, etc.

  7. PART VI MISCELLANEOUS

    1. Seamen’s canteens

      1. 82.Special provisions with respect to grant or renewal of licences for seamen’s canteens

    2. Wholesale dealers

      1. 83.Sales by wholesalers, etc.

    3. Pharmacists

      1. 84.Sale of intoxicating liquor, etc., by pharmacists

    4. Vessels, aircraft and trains

      1. 85.Licences for non-seagoing vessels

      2. 86.Application of Order to certain seagoing vessels and to aircraft and railway passenger vehicles

    5. Legal proceedings

      1. 87.Evidence

      2. 88.Appeals

    6. Supplemental

      1. 89.Exemptions and savings

      2. 90.Modifications of Schedules, amendments, transitional provisions, savings and repeals

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      APPLICATIONS FOR THE GRANT OF LICENCES

      1. PART I GRANT OF LICENCES

        1. 1.A person who intends to make an application for the...

        2. 2.The notices mentioned in paragraph 1 shall specify the kind...

        3. 3.(1) The applicant shall attach to— (a) the notice mentioned...

        4. 4.A sub-divisional commander upon whom notice is required by paragraph...

        5. 5.Any person having an estate in the premises specified in...

        6. 6.A person intending to object under paragraph 4 or 5...

      2. PART II PROVISIONAL GRANT OF LICENCES

        1. 7.Part I shall apply for the purposes of an application...

        2. 8.Where an application for the provisional grant of a licence...

      3. PART III APPLICATION TO HAVE PROVISIONAL GRANTS OF LICENCESDECLARED FINAL

        1. 9.A person who intends to make an application to have...

        2. 10.The notice mentioned in paragraph 9 shall be in such...

        3. 11.A sub-divisional commander upon whom notice is required by paragraph...

        4. 12.A person intending to object under paragraph 11 shall, not...

        5. 13.Before or at the hearing of the application to have...

    2. SCHEDULE 2

      MEANING OF “SUBSISTING LICENCE”

      1. 1.Except in the circumstances mentioned in paragraph 2 or 3,...

      2. 2.Notwithstanding anything in paragraph 1, a licence shall be treated...

      3. 3.Notwithstanding anything in paragraph 1, a licence shall be treated...

    3. SCHEDULE 3

      APPROVAL OF SITES, DISPOSAL OF SITES OR PREMISES AND GRANT OF LICENCES FOR PREMISES ON APPROVED SITES

      1. PART I APPROVAL OF SITES

        1. Interpretation

          1. 1.In this Schedule— “approved sites” has the meaning assigned to...

        2. Proposals as to sites

          1. 2.(1) A housing authority who propose to make an application...

        3. Applications

          1. 3.(1) A housing authority who intend to make an application...

        4. Declarations

          1. 4.(1) Where proposals made under paragraph 2 by a housing...

        5. Duration of declaration

          1. 5.(1) A declaration shall, subject to sub-paragraph (2), remain in...

        6. Effect of declaration

          1. 6.Where a declaration is in force approving any site as...

      2. PART II DISPOSAL OF APPROVED SITES OR PREMISES IN RE-DEVELOPMENT AREAS

        1. Application of this Part

          1. 7.This Part applies where sites in a re-development area or...

        2. Power to dispose of sites or premises

          1. 8.The housing authority may dispose of— (a) the approved sites;...

        3. Acquisition of sites or premises by persons dispossessed of licences

          1. 9.(1) The housing authority shall serve on every person who...

        4. Disposal of remaining sites or premises, if any

          1. 10.(1) Where, after steps have been taken by a housing...

        5. Contracts as to sites

          1. 11.A contract for the acquisition from a housing authority of...

        6. Procedure where contract cancelled, etc.

          1. 12.Where a contract for the acquisition of an estate in...

        7. Transfer of land between housing authorities

          1. 13.Where a housing authority dispose of land within a re-development...

      3. PART III EXPENSES

        1. Financial provisions

          1. 14.Any increase attributable to any provision of this Order in...

    4. SCHEDULE 4

      APPLICATIONS FOR THE RENEWAL OF LICENCES

      1. PART I GENERAL PROCEDURE

        1. 1.The Department shall, during the month of July in each...

        2. 2.The clerk of petty sessions for each petty sessions district...

        3. 3.A person who intends to make an application for the...

        4. 4.The notices mentioned in paragraph 3, shall specify the kind...

        5. 5.A sub-divisional commander upon whom notice is required by paragraph...

        6. 6.A person intending to object under paragraph 5 shall, not...

        7. 7.Before the renewal date, the applicant shall deposit the licence...

      2. PART II PROCEDURE FOR RENEWALS OUT OF TIME

        1. 8.Part I shall apply for the purposes of an application...

        2. 9.Where the application is made under Article 25, the requirements...

    5. SCHEDULE 5

      APPLICATIONS FOR THE TRANSFER OF LICENCES

      1. PART I TRANSFER OF LICENCES

        1. 1.A person who intends to make an application for the...

        2. 2.The notices mentioned in paragraph 1, shall specify the kind...

        3. 3.A sub-divisional commander upon whom notice is required by paragraph...

        4. 4.A person intending to object under paragraph 3 shall, not...

        5. 5.(1) Before or at the hearing of the application for...

      2. PART II TRANSFER OF LICENCES PROVISIONALLY GRANTED

        1. 6.Part I shall apply for the purposes of an application...

    6. SCHEDULE 6

      APPLICATIONS FOR PROTECTION ORDERS AND AUTHORISATIONS OF TEMPORARY CONTINUANCE OF BUSINESSES

      1. 1.In this Schedule “application” means an application for—

      2. 2.A person who intends to make an application shall, not...

      3. 3.The notice mentioned in paragraph 2 shall specify the kind...

      4. 4.(1) Where the application is for an order authorising the...

      5. 5.The sub-divisional commander upon whom notice is required by paragraph...

      6. 6.Where the court is satisfied that the applicant had reasonable...

    7. SCHEDULE 7

      APPLICATIONS FOR OCCASIONAL LICENCES

      1. 1.In this Schedule “licence” means an occasional licence.

      2. 2.A person who intends to make an application for the...

      3. 3.Where a person owning, or residing or carrying on business...

      4. 4.The notices mentioned in paragraph 2 and paragraph 3 shall...

      5. 5.The sub-divisional commander mentioned in paragraph 2(a), the district council...

      6. 6.Where the court is satisfied that the applicant had reasonable...

    8. SCHEDULE 8

      APPLICATIONS AND NOTICES UNDER ARTICLE 36

      1. PART I APPLICATIONS FOR CONSENT TO ALTERATIONS

        1. 1.In this Part “application” means an application under Article 36(1)(i)....

        2. 2.A person who intends to make an application shall, not...

        3. 3.The notice mentioned in paragraph 2 shall specify the kind...

        4. 4.The applicant shall attach to— (a) the notice mentioned in...

        5. 5.The sub-divisional commander upon whom notice is required by paragraph...

        6. 6.A person intending to object under paragraph 5 shall, not...

      2. PART II NOTICES OF ALTERATIONS REQUIRED BY AUTHORITIES

        1. 7.The notice shall specify the kind of premises to which...

        2. 8.(1) The holder of the licence shall attach to the...

    9. SCHEDULE 9

      APPLICATIONS UNDER ARTICLE 50

      1. 1.In this Schedule “application” means an application under Article 50....

      2. 2.A person who intends to make an application shall, not...

      3. 3.The notice mentioned in paragraph 2 shall specify the kind...

      4. 4.The sub-divisional commander mentioned in paragraph 2(a), the district council...

      5. 5.A person intending to object under paragraph 4 shall, not...

    10. SCHEDULE 10

      APPLICATIONS FOR EXTENSION LICENCES

      1. 1.In this Schedule “licence” means an extension licence.

      2. 2.A person who intends to make an application for the...

      3. 3.The notice mentioned in paragraph 2 shall be in such...

      4. 4.The sub-divisional commander mentioned in paragraph 2(a) and the district...

      5. 5.A person intending to object under paragraph 4 shall, not...

      6. 6.Where the court or the clerk of petty sessions is...

    11. SCHEDULE 11

      AMENDMENTS

      1. The Probation Act (Northern Ireland) 1950 (c. 7)

        1. 1.In Schedule 1, for paragraph 5 substitute— An offence under Article 46(1)(a), 59, 62, 63, 69(1) or...

      2. The Northern Ireland (Emergency Provisions) Act 1978 (c. 5)

        1. 2.In paragraph 5 of Schedule 3 for “Licensing Act (Northern...

      3. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

        1. 3.In Article 5(2)— (a) in sub-paragraph (a) for “Licensing Act...

        2. 4.In paragraph 10(4)(a) of Schedule 1 for “Licensing Act (Northern...

      4. The Registration of Clubs (Northern Ireland) Order 1987 (NI 14)

        1. 5.In Article 19 for “Licensing Act (Northern Ireland) 1971” substitute...

    12. SCHEDULE 12

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. 1.(1) Where, immediately before 3rd May 1971, the authority conferred...

      2. 2.Where, in respect of the licensing year in which this...

      3. 3.The provisions in this Schedule shall have effect without prejudice...

      4. 4.Until Article 381(2) of, and paragraph 83 of Schedule 9...

    13. SCHEDULE 13

      REPEALS

  10. Explanatory Note

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