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The Criminal Justice (Northern Ireland) Order 2008

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Purchase and consumption of alcoholN.I.

Test purchases of alcoholN.I.

67.  After Article 60 of the Licensing (Northern Ireland) Order 1996 (NI 22) insert—

Test purchases of alcohol

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..

Prospective

Alcohol consumption in designated public placesN.I.

68.—(1) Paragraph (2) applies if a constable reasonably believes that a person is, or has been, consuming intoxicating liquor in a designated public place or intends to consume intoxicating liquor in such a place.

(2) The constable may require the person concerned—

(a)not to consume in that place anything which is, or which the constable reasonably believes to be, intoxicating liquor;

(b)to surrender anything in his possession which is, or which the constable reasonably believes to be, intoxicating liquor or a container for such liquor.

(3) A constable may dispose of anything surrendered to him under paragraph (2) in such manner as he considers appropriate.

(4) A person who fails without reasonable excuse to comply with a requirement imposed on him under paragraph (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) A constable who imposes a requirement on a person under paragraph (2) shall inform the person concerned that failing without reasonable excuse to comply with the requirement is an offence.

Prospective

Fixed penalty notice for offence under Article 68N.I.

69.—(1) A constable who has reason to believe that a person aged 16 or over has committed an offence under Article 68 may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty in accordance with this Article.

(2) A notice under paragraph (1) may not be given by a constable unless—

(a)in the case of a notice given at a police station, the constable is authorised by the Chief Constable to give notices under this Article;

(b)in the case of a notice given elsewhere, the constable is in uniform.

(3) The Secretary of State may by order—

(a)amend paragraph (1) by substituting for the age for the time being specified in that paragraph a different age which is not lower than 10; and

(b)if that different age is lower than 16 make provision as follows—

(i)where a person whose age is lower than 16 is given a notice, for a parent or guardian of that person to be notified of the giving of the notice; and

(ii)for that parent or guardian to be liable to pay the penalty under the notice;

and an order under sub-paragraph (b) may amend or apply (with or without modification) any statutory provision (including this Part).

(4) Where a person is given a notice under this Article in respect of an offence—

(a)no proceedings may be instituted for that offence before the expiration of the period of 21 days following the date of the notice or such longer period as may be specified in the notice; an

(b)he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period (or that longer period)

(5) A notice under this Article must—

(a)be in such form as the Secretary of State may by regulations prescribe;

(b)give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence;

(c)state the period during which, by virtue of paragraph (4), proceedings will not be taken for the offence;

(d)state the amount of the fixed penalty; and

(e)state the person to whom and the address at which the fixed penalty may be paid.

(6) The fixed penalty payable in respect of a notice under this Article is such amount (not exceeding one quarter of level 2 on the standard scale) as the Secretary of State may specify by order; and different amounts may be specified for persons of different ages.

(7) Payment of a fixed penalty shall be made to, or at the office of, the clerk of petty sessions specified in the notice under this Article, or to such other person or to or at such other office as the Secretary of State may by order direct.

(8) Sums paid by way of a fixed penalty for any offence shall be treated as if they were fines imposed on summary conviction of that offence.

(9) In any proceedings a certificate that payment of a fixed penalty was or was not made by a date specified in the certificate to or at the office of the appropriate clerk of petty sessions, or to such other person or to or at such other office as the Secretary of State has directed under paragraph (7), shall, if the certificate purports to be signed by the clerk of petty sessions or such other person as the Secretary of State has directed under paragraph (7), be sufficient evidence of the facts stated unless the contrary is proved.

(10) The Secretary of State may by regulations prescribe—

(a)the duties under this Article of persons or offices specified by an order made under paragraph (7); and

(b)the information to be supplied to or by clerks of petty sessions and to such other persons or offices.

(11) In any proceedings for an offence under Article 68, no reference shall be made to the giving of any notice under this Article, or to the payment or non-payment of a fixed penalty under this Article, unless in the course of the proceedings, or in some document which is before the court in connection with the proceedings, reference has been made by or on behalf of the accused to the giving of such notice or, as the case may be, to such payment or non-payment.

Prospective

Designated public placesN.I.

70.—(1) A place is, subject to paragraph (2), a designated public place if it is—

(a)a public place in the district of a council; and

(b)identified in an order made by that council under paragraph (3).

(2) A place is not a designated public place or a part of such a place if it is—

(a)licensed premises or a place within the curtilage of such premises;

[F1(aa)a relevant pavement café area;]

(b)a registered club or a place within the curtilage of such a club; or

(c)a place at which the sale of intoxicating liquor is for the time being authorised by an occasional licence.

(3) A council may for the purposes of paragraph (1) by order identify any public place in its district if it is satisfied that—

(a)nuisance or annoyance to members of the public or a section of the public; or

(b)disorder,

has been associated with the consumption of intoxicating liquor in that place.

(4) The power conferred by paragraph (3) includes power—

(a)to identify a place either specifically or by description;

(b)to revoke or amend orders previously made.

(5) The Secretary of State shall by regulations prescribe the procedure to be followed in connection with the making of orders under paragraph (3).

(6) Regulations under paragraph (5) shall, in particular, include provision requiring councils to publicise the making and effect of orders under paragraph (3).

[F2(7) In this Article “a relevant pavement café area” means a public area which—

(a)is an area shown under section 5 of the Licensing of Pavement Cafés Act (Northern Ireland) 2014 on the plan in a pavement café licence which is in force;

(b)for the time being has temporary furniture on it that under the terms of that licence is permitted to be on that area at that time;

(c)is associated with licensed premises which are—

(i)premises of a kind mentioned in Article 5(1)(a) of the Licensing (Northern Ireland) Order 1996;

(ii)a hotel;

(iii)a guest house in which the business of a restaurant is carried on;

(iv)a restaurant; or

(v)a refreshment room in public transport premises; and

(d)is not subject to an alcohol condition.

(8) For the purposes of paragraph (7)—

(a)the area is “associated with” particular premises if those premises are (or are part of) the premises in respect of which the pavement café licence relating to the area was granted;

(b)the area is “subject to an alcohol condition” if the pavement café licence relating to the area includes a condition requiring the licence holder not to permit persons to consume intoxicating liquor when using furniture on the area.]

Textual Amendments

F1Art. 70(2)(aa) inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 4(2); S.R. 2016/126, art. 2 (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 70)

F2Art. 70(7)(8) inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 4(3); S.R. 2016/126, art. 2 (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 70)

Prospective

Effect of Articles 68 and 70 on byelawsN.I.

71.—(1) Paragraphs (2) and (3) apply to any byelaw which—

(a)prohibits, by the creation of an offence, the consumption in a particular public place of intoxicating liquor (including any liquor of a similar nature which falls within the byelaw); or

(b)makes any incidental, supplementary or consequential provision.

(2) In so far as any byelaw to which this paragraph applies would, apart from this paragraph, have effect in relation to any designated public place, the byelaw—

(a)shall cease to have effect in relation to that place; or

(b)where it is made after the order under Article 70(3), shall not have effect in relation to that place.

(3) In so far as any byelaw made by a council and to which this paragraph applies still has effect at the end of the period of 3 years beginning with the day on which this paragraph comes into operation, it shall cease to have effect at the end of that period in relation to any public place.

Prospective

Interpretation of Articles 68 to 71N.I.

72.  In Articles 68 to 71—

council” means a district council;

designated public place” has the meaning given by Article 70(1);

[F3“ guest house ”, “hotel”,]intoxicating liquor”, “licensed premises[F4, “occasional licence”, “public transport premises” and “restaurant”] have the same meanings as in the Licensing (Northern Ireland) Order 1996 (NI 22);

[F5pavement café licence”, “public area” and “temporary furniture” have the same meanings as in the Licensing of Pavement Cafés Act (Northern Ireland) 2014;]

public place” means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission

registered club” has the same meaning as in the Registration of Clubs (Northern Ireland) Order 1996 (NI 23).

Textual Amendments

F3Words in art. 72 inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 5(2)(a); S.R. 2016/126, art. 2 (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 72)

F4Words in art. 72 substituted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 5(2)(b); S.R. 2016/126, art. 2 (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 72)

F5Words in art. 72 inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 5(3); S.R. 2016/126, art. 2 (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 72)

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