The Licensing (Northern Ireland) Order 1996

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

   3. 2A. Meaning of “indoor arena”

   4. 2AA. Meaning of “outdoor stadium”

   5. 2B. Application to limited liability partnerships

3. PART II THE GENERAL LICENSING SYSTEM

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

   2. 4. Persons to whom licences may be granted

   3. 5. Premises for which licences may be granted

   4. 6. Premises for which licences shall not be granted

   5. Grant of licences

      1. 7. Grant of licences

      2. 8. Grant of licence conditional on alterations being made in premises

      3. 9. Provisional grant of licences

      4. 10. Preliminary approval of sites and disposal in certain cases

      5. 11. Grant of new licence in lieu of existing licence

      6. 12. Effect on new licence of suspension of surrendered, or previous, licence

      7. 13. Duration of new licences

   6. Renewal of licences

      1. 14. Renewal of licences

      2. 15. Renewal of licences by a court

      3. 16. Power to renew licences out of time

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

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

      6. 19. Renewal of suspended licences

      7. 20. Continuance of licence pending determination of appeal

      8. 21. Duration of renewed licence

   7. Transfer of licences

      1. 22. Transfer of licences

      2. 23. Concurrent transfer and renewal of licences

      3. 24. Transfer of suspended licences

      4. 25. Appeal from transfer

   8. Temporary continuance of business in certain circumstances

      1. 26. Protection orders

      2. 27. Supplementary provisions relating to protection orders

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

      4. 29. Temporary continuance of business in other premises

   9. Occasional licences

      1. 30. Occasional licences

   10. Structure, etc., of licensed premises

       1. 31. Consent required for certain alterations to premises

       2. 32. New licence required on reconstruction of premises

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

       1. 33. Form of licence

       2. 34. Register of licences

       3. 35. Inspection of register

       4. 36. Information for Department

       5. 37. Register of licences to be evidence

       6. 38. Proof, etc., of licence

   12. Provisions as to certain acquisitions of licensed premises

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

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

4. PART III PERMITTED HOURS

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

   2. The permitted hours

      1. 42. General permitted hours

      2. 43. Alternative permitted hours for off-sales

      3. 44. Orders for additional permitted hours

      4. 44A. Public houses or hotels: order for further additional permitted hours

      5. 44B. Orders under Article 44A: revocation, modification etc.

      6. 44C. Alignment of closing time for liquor and entertainment

      7. 45. Authorisations for additional permitted hours

   3. Exceptions

      1. 46. Exceptions from prohibition of sale, etc., of intoxicating liquor outside permitted hours

   4. Extension licences

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

      2. 48. Suitability of certain premises for functions

   5. Miscellaneous

      1. 49. Power of Secretary of State to vary hours in certain circumstances

5. PART IV CONDUCT OF LICENSED PREMISES, ETC.

   1. Conditions for sale, etc., of intoxicating liquor applicable to certain licences

      1. 50. Restriction as to sale, etc., of intoxicating liquor for consumption off the premises

      2. 51. Conditions as to sale, etc., in guest houses and restaurants

      3. 52. Places of public entertainment

      4. 52A. Indoor arenas and outdoor stadia

      5. 53. International airports

      6. 54. Seamen's canteens

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

      1. 55. Restrictions on sale of certain kinds of alcohol

      2. 56. Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises

      3. 57. Penalty for breach of terms of off-licence

      4. 57A. Irresponsible drinks promotions

   3. Special provision with respect to young persons

      1. 58. Young persons prohibited from certain premises

      2. 59. Children's certificates

      3. 60. Sale, etc., of intoxicating liquor to young persons

      4. 60A. Test purchases of alcohol

      5. 60B. Duty to display notice relating to age

   4. Preservation of order

      1. 61. Drunkenness in licensed premises

      2. 62. Procuring drink for drunken person

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

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

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

   5. Miscellaneous

      1. 66. Conditions as to delivery of intoxicating liquor

      2. 67. Prohibition of consumption, etc., of intoxicating liquor at entertainments

      3. 68. Prohibition of consumption, etc., of intoxicating liquor in certain premises

      4. 69. Persons found on unlicensed premises, etc.

6. PART 4A CLOSURE OF LICENSED PREMISES

   1. Closure of licensed premises in an identified district

      1. 69A. Orders to close licensed premises in district experiencing disorder

   2. Closure of identified licensed premises

      1. 69B. Closure orders for identified licensed premises

      2. 69C. Extension of closure order

      3. 69D. Cancellation of closure order

      4. 69E. Application to court of summary jurisdiction by police

      5. 69F. Consideration of closure order by court of summary jurisdiction

      6. 69G. Appeal from decision of court of summary jurisdiction

      7. 69H. Enforcement of closure order

      8. 69I. Exemption of police from liability for damages

   3. Interpretation

      1. 69J. Interpretation of Part 4A

7. PART V ENFORCEMENT

   1. 70. Production of licence

   2. 71. Provision for inspection and rights of entry

   3. Penalty points

      1. 71A. Penalty points to be attributed to an offence

      2. 71B. Endorsement of licences

      3. 71C. Suspension of licence for repeated offences

   4. Suspension of licences

      1. 72. Suspension of licences

      2. 73. Suspension of licences on conviction of certain offences

      3. 74. Penalty for opening licensed premises during period of suspension

      4. 75. Procedure in connection with suspension

      5. 76. Appeals against suspension of licence, etc.

8. PART 5A PAVEMENT CAFE AREAS

   1. Pavement café areas: definitions

      1. 76A. (1) In this Part, a “ pavement café area ”...

   2. Sale for consumption on pavement café area not prohibited by Article 5(3)(b) or 51 in certain cases

      1. 76B. (1) This Article applies where— (a) a pavement café area...

   3. Pavement café area where consumption permitted: hours, conduct etc.

      1. 76C. (1) This Article applies where— (a) a pavement café area...

   4. Young persons prohibited from certain pavement café areas

      1. 76D. (1) This Article applies where— (a) Article 76C applies; and...

   5. Off-licence: penalty for consumption on pavement café area

      1. 76E. (1) This Article applies where— (a) a pavement café area...

9. PART VI MISCELLANEOUS

   1. Seamen's canteens

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

   2. Indoor arenas and outdoor stadia

      1. 77A. Attachment of conditions to licences for indoor arenas or outdoor stadia

   3. Wholesale dealers

      1. 78. Sales by wholesalers, etc.

   4. Pharmacists

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

   5. Vessels, aircraft and trains

      1. 80. Licences for non-seagoing vessels

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

   6. Legal proceedings

      1. 82. Evidence

      2. 83. Appeals

   7. Supplemental

      1. 84. Exemptions and savings

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

10. 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 grant of a licence shall—...

          2. 2. The notices mentioned in paragraph 1 shall specify the kind of premises for which the...

          3. 3. (1) The applicant shall attach to— (a) the notice mentioned in paragraph 1(c), and (b)...

          4. 4. A sub-divisional commander upon whom notice is required by paragraph 1 to be served, the...

          5. 5. Any person having an estate in the premises specified in any subsisting licence which is...

          6. 6. A person intending to object under paragraph 4 or 5 shall, not less than 1...

          7. 7. A person who intends to make an application for an order under Article 43, 44...

       2. PART II PROVISIONAL GRANT OF LICENCES

          1. 8. Part I shall apply in relation to an application for the provisional grant of a...

          2. 9. Article 7(4)(a) to (e)(i) shall apply in relation to an application for the provisional grant...

          3. 10. Where an application for the provisional grant of a licence is made by a housing...

       3. PART III APPLICATION TO HAVE PROVISIONAL GRANT OF LICENCES DECLARED FINAL

          1. 11. A person who intends to make an application to have the provisional grant of a...

          2. 12. The notice mentioned in paragraph 11 shall be in such form and shall contain such...

          3. 13. A sub-divisional commander upon whom notice is required by paragraph 11 to be served or...

          4. 14. A person intending to object under paragraph 13 shall not less than 1 week before...

          5. 15. Before or at the hearing of the application to have the provisional grant of a...

    2. SCHEDULE 2

       MEANING OF “SUBSISTING LICENCE”

       1. 1. Except in the circumstances mentioned in paragraph 2 or 3, a licence shall be treated...

       2. 2. Notwithstanding anything in paragraph 1, a licence shall be treated as a subsisting licence if—...

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

    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 it by paragraph 4(1); “the...

          2. Proposals as to sites

             1. 2. (1) A housing authority who proposes to make an application for a declaration with respect...

          3. Applications

             1. 3. (1) A housing authority who intends to make an application for a declaration shall— (a)...

          4. Declarations

             1. 4. (1) Where proposals made under paragraph 2 by a housing authority have been approved by...

          5. Duration of declaration

             1. 5. (1) A declaration shall, subject to sub-paragraph (2) remain in force for such period as...

          6. Effect of declaration

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

       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 proposed re-development area have been...

          2. Power to dispose of sites or premises

             1. 8. The housing authority may dispose of— (a) the approved sites; or (b) premises erected on...

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

             1. 9. (1) The housing authority shall serve on every person who has been, or in the...

          4. Disposal of remaining sites or premises, if any

             1. 10. (1) Where, after steps have been taken by a housing authority in accordance with the...

          5. Contracts as to sites

             1. 11. A contract for the acquisition from a housing authority of an estate in an approved...

          6. Procedure where contract cancelled, etc

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

          7. Transfer of land between housing authorities

             1. 13. Where a housing authority disposes of land within a re-development area to any other housing...

       3. PART III EXPENSES

          1. Financial provisions

             1. 14. Any increase attributable to any provision of this Order in sums which under any other...

    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 year, cause notice that licences...

          2. 2. The Department of Justice shall, not less than 6 weeks before the renewal date, cause...

          3. 3. A person who intends to make an application for the renewal of a licence for...

          4. 4. The notices mentioned in paragraph 3 shall specify the kind of premises for which the...

          5. 5. A sub-divisional commander upon whom notice is required by paragraph 3 to be served, the...

          6. 6. A person intending to object under paragraph 5 shall not less than 1 week before...

          7. 7. Before the renewal date, the applicant shall deposit the licence with the clerk of petty...

       2. PART II PROCEDURE FOR RENEWALS OUT OF TIME

          1. 8. Part I shall apply in relation to an application under Article 16 or 23(1) for...

    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 transfer of a licence shall—...

          2. 2. The notices mentioned in paragraph 1 shall specify the kind of premises for which the...

          3. 3. A sub-divisional commander upon whom notice is required by paragraph 1 to be served, the...

          4. 4. A person intending to object under paragraph 3 shall, not less than 1 week before...

          5. 5. (1) Before or at the hearing of the application for the transfer of a licence,...

       2. PART II TRANSFER OF LICENCES PROVISIONALLY GRANTED

          1. 6. Part I shall apply in relation to an application for the transfer of a licence...

          2. 7. Article 22(6) shall apply in relation to an application for the transfer of a licence...

    6. SCHEDULE 6

       APPLICATIONS FOR PROTECTION ORDERS AND AUTHORISATIONS OF TEMPORARY CONTINUANCE OF BUSINESSES

       1. 1. In this Schedule “application” means an application for— (a) a protection order; or (b) an...

       2. 2. A person who intends to make an application shall, not less than 4 days before...

       3. 3. The notice mentioned in paragraph 2 shall specify the kind of premises to which the...

       4. 4. (1) Where the application is for an order authorising the temporary continuance of a business...

       5. 5. The sub-divisional commander upon whom notice is required by paragraph 2 to be served may...

       6. 6. The court may consider the application, notwithstanding that the procedure set out in this Schedule...

    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 grant of a licence shall,...

       3. 3. Where a person owning, or residing or carrying on business in, premises in the vicinity...

       4. 4. The notice mentioned in paragraph 2 shall be in such form and shall contain such...

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

       6. 6. The court may consider the application, notwithstanding that the procedure set out in this Schedule...

    8. SCHEDULE 8

       APPLICATIONS AND NOTICES UNDER ARTICLE 31

       1. PART I APPLICATIONS FOR CONSENT TO ALTERATIONS

          1. 1. In this Part “application” means an application under Article 31(1)(i).

          2. 2. A person who intends to make an application shall, not less than 3 weeks before...

          3. 3. The notice mentioned in paragraph 2 shall specify the kind of premises to which the...

          4. 4. The applicant shall attach to— (a) the notice mentioned in paragraph 2, and (b) the...

          5. 5. The sub-divisional commander upon whom notice is required by paragraph 2 to be served or...

          6. 6. A person intending to object under paragraph 5 shall, not less than 1 week before...

       2. PART II NOTICES OF ALTERATIONS REQUIRED BY AUTHORITIES

          1. 7. The notice shall specify the kind of premises to which it relates and shall be...

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

    9. SCHEDULE 9

       APPLICATIONS UNDER ARTICLE 43, 44, 44A, 48 OR 59

       1. 1. In this Schedule “application” means an application under Article 43, 44 , 44A , 48...

       2. 2. A person who intends to make an application shall, not less than 3 weeks before...

       3. 2A. A person who intends to make an application under Article 44 or 44A must (in...

       4. 3. The notice mentioned in paragraph 2 shall specify the kind of premises to which the...

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

       6. 5. A person intending to object under paragraph 4 shall, not less than 1 week before...

       7. 6. The court may consider the application notwithstanding that the procedure set out in this Schedule...

    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 grant of a licence shall,...

        3. 3. The notice mentioned in paragraph 2 shall be in such form and shall contain such...

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

        5. 5. A person intending to object under paragraph 4 shall, not later than such time as...

        6. 6. The court or, as the case may be, the clerk of petty sessions, may consider...

    11. SCHEDULE 10A

        TABLE OF OFFENCES WITH PENALTY POINTS

        1. PART 1 OFFENCES PUNISHABLE WITH LEVEL 3 FINE ON THE STANDARD SCALE

        2. PART 2 OFFENCES PUNISHABLE WITH LEVEL 4 FINE ON THE STANDARD SCALE

        3. PART 3 OFFENCES PUNISHABLE WITH LEVEL 5 FINE ON THE STANDARD SCALE

    12. Schedule 11—Amendments

    13. SCHEDULE 12

        TRANSITIONAL PROVISIONS AND SAVINGS

        1. 1. (1) Where, immediately before 15th June 1990, the authority conferred by a licence was limited...

        2. 2. (1) Where, notwithstanding sections 23 and 24 of the Licensing Act (Northern Ireland) 1971 or...

        3. 3. The provisions in this Schedule shall have effect without prejudice to section 29 of the...

    14. Schedule 13—Repeals