The Licensing (Northern Ireland) Order 1996

Special provision with respect to young persons N.I.

Young persons prohibited from certain premises N.I.

58.—(1) During the permitted hours a person under the age of 18 shall not be in—

(a) any part of premises of a kind mentioned in Article 5(1)(a) which is—

(i) structurally adapted for the sale of intoxicating liquor for consumption off the premises; and

(ii) 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;

(b) any part of premises of a kind mentioned in Article 5(1)(b) [F1 or (m)] [F2 in which intoxicating liquor is made available for purchase];

(c) any part of any other licensed premises which—

(i) contains a bar; or

(ii) is used exclusively or mainly for the sale and consumption of intoxicating liquor.

(2) The holder of a licence himself or by his servant or agent, or such a servant or agent, shall not allow a person under the age of 18 to be in any part of the licensed premises as mentioned in paragraph (1) during the permitted hours.

(3) A person shall not cause or procure any person under the age of 18 to go to, or to be in, any part of licensed premises as mentioned in paragraph (1) during the permitted hours.

(4) Paragraphs (1) and (2) shall not apply with respect to a person under the age of 18 who is in a part of premises mentioned in paragraph (1)(a) or (b) and is in the company of a person who is 18 or over.

[F3 (4A) Paragraphs (1) and (2) shall not apply with respect to a person under the age of 18 who is in a part of licensed premises in the evening at any time after half past 9 if—

(a) a private function is being held in that part of the premises (and, accordingly, the public do not have access to that part of the premises while the function is being held);

(b) the person under 18 is attending the function in the company either of a parent of that person or of a parent of another person who is under 18 and attending the function;

(c) a meal consisting of at least a main course is being served at the function; and

(d) the person under 18 does not consume any part of the meal at a counter or structure which is being used wholly or mainly as a bar.]

(5) Paragraphs (1), (2) and (3) shall not apply with respect to a person under the age of 18 who is in a part of licensed premises [F4 mentioned in paragraph (1)(c)] [F5 , or who is in licensed premises of a kind mentioned in Article 5(1)(m) to which an order under Article 52E applies at a time when an authorisation under Article 52F has effect,] if—

(a) the person under 18 is in the company of a person who is 18 or over; F6 ...

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) where the premises contain a bar, the person under the age of 18 is seated at a table away from the bar;

[F7 and

(ca) the person under the age of 18 is in the premises at a time when meals, and beverages suitable for persons under that age (including drinking water), are also available for consumption on the premises;]and

(d) [F8 the person under the age of 18 is not in the premises in the evening at any time after 9] or paragraph (6) applies.

(6) This paragraph applies where—

(a) the person under the age of 18, or a person in whose company he is, is consuming a meal purchased [F9 before 9 in the evening] , and

[F10 (b) the person under the age of 18 is not in the premises in the evening at any time after half past 9.]

F11 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Any person acting in contravention of paragraph (1), (2) [F14 or (3)] shall be guilty of an offence and shall be liable on summary conviction—

(a) for a contravention of paragraph (1) F15 ..., to a fine not exceeding level 3 on the standard scale;

(b) for a contravention of paragraph (2) [F16 or (3)] , to a fine not exceeding level 4 on the standard scale.

(11) In any proceedings for an offence by reason of a contravention of paragraph (2) F17 ... it shall be a defence—

(a) in the case of proceedings against the holder of the licence for an offence committed by his servant or agent, for the holder of the licence to prove that he exercised all due diligence to avoid the commission of such an offence; or

(b) in any other case, for the holder of the licence or his servant or agent to prove—

(i) that he exercised all due diligence to avoid the commission of such an offence; or

(ii) that he had no reason to suspect that the person under the age of 18 had not attained that age.

[F18 (11A) Without prejudice to any other means of proving the exercise of all due diligence, for the purposes of paragraph (11) the holder of the licence or his servant or agent is to be treated as having exercised all due diligence to avoid the commission of an offence if—

(a) the holder of the licence or his servant or agent was shown any of the documents specified in paragraph (11B); and

(b) that document would have convinced a reasonable person.

(11B) The documents referred to in paragraph (11A)(a) are any document purporting to be—

(a) a passport;

(b) a photocard driving licence;

(c) an electoral identity card;

(d) a photographic identity card of a type approved by the British Retail Consortium for the purposes of its Proof of Age Scheme; or

(e) such other document, or a document of such other description, as may be prescribed by regulations.]

(12) Where a person under the age of 18 represents himself to be the age of 18 or over for the purpose of being in any part of licensed premises as mentioned in paragraph (1) during the permitted hours, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13) Nothing in this Article shall apply with respect to a person under the age of 18 who is—

(a) a child of the licence holder; or

(b) a person who has attained the age which is the upper limit of compulsory school age and is—

(i) employed by the holder of the licence under a contract in writing; or

(ii) receiving training under a scheme approved by the Department of Economic Development; or

(iii) engaged in a placement scheme as part of a further or higher education course; or

(c) resident in the licensed premises, but not employed there; or

(d) in a part of licensed premises as mentioned in paragraph (1) solely for the purposes of passing to or from some other part of the premises which is not such a part as aforesaid and to or from which there is no other convenient means of access; or

(e) in a refreshment room in public transport premises or in a room constructed, fitted and intended to be used for any purpose to which the holding of a licence is ancillary.[F19 or]

[F19 (f) in any part of an indoor arena (which is not a room or other place set apart as a bar) containing a kiosk or other salespoint from which food and beverages, including intoxicating liquor, are made available for purchase][F20 ; or

(g) in any part of an outdoor stadium containing a kiosk or other salespoint from which food and beverages, including intoxicating liquor, are made available for purchase.][F21 ; or

(h) in a part of the licensed premises for which an order under Article 58A is in force during a period for which an authorisation under Article 58B is in force or during the first 30 minutes after the authorisation has ceased to be in force.]

(14) Where a person under the age of 18 who is found in any part of 4 licensed premises as mentioned in paragraph (1) is employed by, or in training or placement with, the holder of the licence, that person or the holder shall, at the request of a constable, produce the written contract or other proof of training or placement within 7 days of the request to, or in accordance with reasonable directions of, the constable for examination, and if it is not so produced that person or, as the case may be, the holder shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

F1 Words in art. 58(1)(b) inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 10(6)(c), 47(2); S.R. 2022/63, art. 2, Sch.

F2 Words in art. 58(1)(b) inserted (1.10.2021) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), s. 47(2), Sch. 1 para. 8; S.R. 2021/247, art. 2, Sch.

F3 Art. 58(4A) inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 15(1), 47(2); S.R. 2022/63, art. 2, Sch.

F4 Words in art. 58(5) inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(2)(a), 47(2); S.R. 2022/63, art. 2, Sch.

F5 Words in art. 58(5) inserted (1.6.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 11(8), 47(2); S.R. 2022/133, art. 2, Sch.

F6 Art. 58(5)(b) and word repealed (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(2)(b), 47(2), Sch. 2; S.R. 2022/63, art. 2, Sch.

F7 Art. 58(5)(ca) and word inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(2)(c), 47(2); S.R. 2022/63, art. 2, Sch.

F8 Words in art. 58(5)(d) substituted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(2)(d), 47(2); S.R. 2022/63, art. 2, Sch.

F9 Words in art. 58(6)(a) substituted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(3)(a), 47(2); S.R. 2022/63, art. 2, Sch.

F10 Art. 58(6)(b) substituted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(3)(b), 47(2); S.R. 2022/63, art. 2, Sch.

F11 Art. 58(7) repealed (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(4), 47(2), Sch. 2; S.R. 2022/63, art. 2, Sch.

F12 Art. 58(8) repealed (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(4), 47(2), Sch. 2; S.R. 2022/63, art. 2, Sch.

F13 Art. 58(9) repealed (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(4), 47(2), Sch. 2; S.R. 2022/63, art. 2, Sch.

F14 Words in art. 58(10) substituted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(5)(a), 47(2); S.R. 2022/63, art. 2, Sch.

F15 Words in art. 58(10)(a) repealed (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(5)(b), 47(2), Sch. 2; S.R. 2022/63, art. 2, Sch.

F16 Words in art. 58(10)(b) substituted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(5)(c), 47(2); S.R. 2022/63, art. 2, Sch.

F17 Words in art. 58(11) repealed (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(6), 47(2), Sch. 2; S.R. 2022/63, art. 2, Sch.

F18 Art. 58(11A)(11B) inserted (1.5.2012) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011 (c. 18), ss. 3(1), 18; S.R. 2012/28, art. 2, Sch.

F19 2004 NI 17

F20 Art. 58(13)(g) and word inserted (1.9.2016) by Licensing Act (Northern Ireland) 2016 (c. 24), ss. 7(2), 8(1)

F21 Art. 58(13)(h) and word inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 14(2), 47(2); S.R. 2022/63, art. 2, Sch.

[F22 Suitability of certain premises for underage functions N.I.

58A.— (1) In respect of premises to which this Article applies—

(a) a county court which grants a licence or declares a licence provisionally granted to be final, on the application of the person applying for the grant or declaration, or

(b) a court of summary jurisdiction, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9,

may, by order, specify any part of the premises as being suitable for underage functions.

(2) In this Article and Article 58B, “underage function” means a function which is designed to appeal to persons under the age of 18 in particular.

(3) A court must not make an order under paragraph (1) unless it is satisfied—

(a) that the part of the premises specified in the order is structurally adapted for the purpose of having functions held in it;

(b) that appropriate steps have been taken for securing the safety of persons under the age of 18 while attending an underage function in that part of the premises and that it is otherwise suitable for underage functions;

(c) that suitable arrangements are in place for securing that persons under the age of 18 attending the function do not have access to any other part of the premises which is used for the sale of intoxicating liquor.

(4) An order under paragraph (1) may be revoked by a court of summary jurisdiction—

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

(b) where, on complaint made under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981, the court is not satisfied that the requirements of paragraph (3) have continued to be complied with.

(5) The premises to which this Article applies are—

(a) any part of premises of a kind mentioned in Article 5(1)(a) which is structurally adapted, and used or intended to be used, for the purpose of providing persons frequenting the premises with a main table meal at midday or in the evening, or both;

(b) an hotel;

(c) a restaurant;

(d) a conference centre;

(e) a higher education institution;

(f) an indoor arena;

(g) an outdoor stadium.

F22 Arts. 58A, 58B inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 14(1), 47(2); S.R. 2022/63, art. 2, Sch.

Authorisations for underage functions N.I.

58B.— (1) A court of summary jurisdiction, or a clerk of petty sessions acting under paragraph (3), may, on an application made in compliance with the procedure set out in Schedule 10 by the holder of a licence for premises which are or include premises for which an order under Article 58A is in force, grant an authorisation under this Article.

(2) An authorisation under this Article may authorise the holder of the licence to hold an underage function—

(a) in such part of the premises for which the order is in force as is specified in the authorisation, and

(b) on the day so specified during such hours as are so specified ending no later than 1 in the morning of the next day.

(3) Subject to paragraph (4), where notice of an application for an authorisation under this Article has been served upon the clerk of petty sessions, the clerk may grant the authorisation as if the application had been made to the clerk and may do so in the absence of the applicant.

(4) Where—

(a) a notice of objection has been served upon the clerk and has not been withdrawn, or

(b) the clerk is of the opinion, for any other reason, that an application for an authorisation under this Article should be made to the court,

the clerk must require the application to be made to the court and must notify the applicant and the objector, if any, of the requirement and of the time and place of the hearing.

(5) It is a condition of an authorisation under this Article that, during the period for which the authorisation is in force—

(a) each dispenser of intoxicating liquor in the part of the premises for which the authorisation is in force must be incapable of operation, and

(b) access to any other container of intoxicating liquor in that part must be prevented.

(6) A court of summary jurisdiction which grants an authorisation under this Article may attach to the authorisation such other conditions as the court thinks fit.

(7) In the case of an indoor arena, the references in paragraph (5) to the part of the premises for which the authorisation is in force are to be read as including a reference to any entrance to that part.

(8) If a condition attached to the authorisation is contravened, the holder of the licence is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) The holder of a licence, personally or by a servant or agent, or such a servant or agent, must not, during the period for which an authorisation under this Article is in force—

(a) sell intoxicating liquor to, or make it available for purchase by, a person aged 18 or over in the part of the premises for which the authorisation is in force;

(b) permit a person aged 18 or over to consume intoxicating liquor in the part of the premises for which the authorisation is in force.

(10) A person who contravenes paragraph (9) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) A person aged 18 or over who consumes intoxicating liquor in a part of premises for which an authorisation under this Article is in force is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

F22 Arts. 58A, 58B inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 14(1), 47(2); S.R. 2022/63, art. 2, Sch.

Children's certificates N.I.

F23 59.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 Art. 59 repealed (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(1), 47(2), Sch. 2; S.R. 2022/63, art. 2, Sch.

Sale, etc., of intoxicating liquor to young persons N.I.

60.—(1)  [F24 The] holder of a licence himself or by his servant or agent, or such a servant or agent, shall not—

(a) sell or deliver intoxicating liquor to a person under the age of 18;or

(b) sell or deliver intoxicating liquor to any person for consumption by a person under the age of 18 in the licensed premises; or

(c) sell or deliver intoxicating liquor to any person for consumption by a person under the age of 18 off the licensed premises; or

(d) permit a person under the age of 18 to consume intoxicating liquor—

(i) in the licensed premises; or

(ii) in premises which adjoin or are near the licensed premises and which belong to the holder of the licence or are under his control or used by his permission.

(2) A person under the age of 18 shall not—

(a) purchase intoxicating liquor; or

(b) consume intoxicating liquor in any place or premises except premises used only as a private residence.

(3) A person shall not purchase intoxicating liquor for delivery to, or consumption by, a person under the age of 18 in any place or premises except premises used only as a private residence or deliver it to, or permit it to be consumed by, him in any such place or premises.

(4) Subject to paragraph (5), a person shall not send a person under the age of 18 for the purpose of obtaining intoxicating liquor sold or to be sold in licensed premises for consumption off the premises whether the liquor is to be obtained from the licensed premises or other premises from which it is delivered in pursuance of the sale.

(5) [F25 Paragraph (4)] shall not prohibit or restrict—

F26 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the employment, by the holder of a licence, of a person under the age of 18 who is a child of the licence holder or his servant, as a messenger to deliver intoxicating liquor.

(6) Any person acting in contravention of paragraph (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on summary conviction—

(a) for a contravention of paragraph (1), (3) or (4), to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both;

(b) for a contravention of paragraph (2), to a fine not exceeding level 3 on the standard scale.

(7) In any proceedings for an offence by reason of the contravention of paragraph (1) it shall be a defence—

(a) in the case of proceedings against the holder of the licence for an offence committed by his servant or agent, for the holder of the licence to prove that he exercised all due diligence to avoid the commission of such an offence; or

(b) in any other case, for the holder of the licence or his servant or agent to prove—

(i) that he exercised all due diligence to avoid the commission of such an offence; or

(ii) that he had no reason to suspect that the person under the age of 18 had not attained that age.

[F27 (7A) Without prejudice to any other means of proving the exercise of all due diligence, for the purposes of paragraph (7) the holder of the licence or his servant or agent is to be treated as having exercised all due diligence to avoid the commission of an offence if—

(a) the holder of the licence or his servant or agent [F28 —

(i)] was shown any of the documents specified in paragraph (7B); [F29 and

(ii) entered in the delivery book or invoice that the holder, servant or agent was carrying as mentioned in Article 66(1)(a)(ii) the description of the document that was shown;] and

(b) that document would have convinced a reasonable person.

(7B) The documents referred to in paragraph (7A)(a) are any document purporting to be—

(a) a passport;

(b) a photocard driving licence;

(c) an electoral identity card;

(d) a photographic identity card of a type approved by the British Retail Consortium for the purposes of its Proof of Age Scheme; or

(e) such other document, or a document of such other description, as may be prescribed by regulations.]

(8) Where a person under the age of 18 represents himself to be the age of 18 or over for the purpose of obtaining, or being permitted to consume, intoxicating liquor, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F30 (9) Articles 67(9) and 68(5) do not apply to a delivery of intoxicating liquor to a person under the age of 18 in contravention of this Article.]

F24 Word in art. 60(1) substituted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 16(1), 47(2); S.R. 2022/63, art. 2, Sch.

F25 Words in art. 60(5) substituted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 16(2)(a), 47(2); S.R. 2022/63, art. 2, Sch.

F26 Art. 60(5)(a) repealed (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 16(2)(b), 47(2), Sch. 2; S.R. 2022/63, art. 2, Sch.

F27 Art. 60(7A)(7B) inserted (1.5.2012) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011 (c. 18), ss. 3(2), 18; S.R. 2012/28, art. 2, Sch.

F28 Word in art. 60(7A)(a) inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 16(3)(a), 47(2); S.R. 2022/63, art. 2, Sch.

F29 Art. 60(7A)(a)(ii) and word inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 16(3)(b), 47(2); S.R. 2022/63, art. 2, Sch.

F30 Art. 60(9) inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 16(4), 47(2); S.R. 2022/63, art. 2, Sch.

[F31 Test purchases of alcohol N.I.

60A.— (1) Articles 58 and 60(2)(a) and (4) do not apply in relation to a person under the age of 18 who is sent into licensed premises to purchase intoxicating liquor by a constable who is acting in the course of his duty.

(2) A constable may not send a person under the age of 18 into any licensed premises to purchase intoxicating liquor unless—

(a) the constable is satisfied that all reasonable steps have been or will be taken to avoid any risk to the welfare of that person; and

(b) that person and a parent of that person have both consented in writing to his being sent into those premises for that purpose.

(3) The Secretary of State shall issue guidance as to the exercise by constables of their powers under this Article.]

F31 Art. 60A inserted (8.12.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 67; S.R. 2008/472, art. 2(1), Sch. Pt. I para. 1

Modifications etc. (not altering text)

C1 Art. 60A(3): transfer of functions from Secretary of State to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)

[F32 Duty to display notice relating to age N.I.

60B— (1) A holder of a licence must at all times display the notice specified in paragraph (2)—

(a) at each place in the licensed premises where intoxicating liquor is sold; and

(b) in a position where it is readily visible to any person seeking to purchase intoxicating liquor.

(2) The notice referred to in paragraph (1) must contain such information and be in such form and of such dimensions as are prescribed by regulations.

(3) Without prejudice to the generality of paragraph (2), the notice must contain—

(a) such information as may be prescribed by regulations in relation to offences concerning the sale to or purchase by persons under the age of 18 of intoxicating liquor [F33 or in relation to offences concerning the presence of such persons in licensed premises] ; and

(b) a description of the documents specified in Articles 58(11B) and 60(7B).

(4) A holder of a licence acting in contravention of this Article or any provision made under this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

F32 Art. 60B inserted (1.5.2012) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011 (c. 18), ss. 3(3), 18; S.R. 2012/28, art. 2, Sch.

F33 Words in art. 60B(3)(a) inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 13(7), 47(2); S.R. 2022/63, art. 2, Sch.