5.—(1) A council may make an order under this paragraph (in this Part referred to as a “closing order”) with respect to any premises in its district to which this Article applies if it is satisfied that it is desirable to make such an order to prevent residents in the neighbourhood of the premises being unreasonably disturbed either by persons resorting to the premises or by the use of the premises for the supply of meals or refreshments.
(2) This Article applies to any premises where meals or refreshments are supplied whether for consumption on or off the premises, other than—
(a)licensed premises within the meaning of the[F1 Licensing (Northern Ireland) Order 1996] which are not kept open for the supply of meals or refreshments to the public at any time between a time thirty minutes after the end of the permitted hours for those premises (within the meaning of[F2 that Order]) and 5 o'clock of the following morning; and
(b)a hotel within the meaning of[F2 that Order].
(3) A closing order shall be an order specifying individual premises and prohibiting the use of the premises for the supply to or consumption by the public of meals and refreshments between such hours as may be specified in the order.
(4) The hours specified in a closing order shall commence not earlier than midnight and finish not later than 5 o'clock in the morning.
(5) A closing order may prohibit the use of the premises to which it relates for the supply to or consumption by the public of meals and refreshments between different hours on different days of the week.
(6) Nothing in a closing order shall prohibit the use of any premises in respect of which an entertainments licence is in force under Schedule 1 for the supply to or consumption by the public of meals and refreshments during any time when an entertainment to which paragraph 1 or 2 of that Schedule applies is being provided under and in accordance with the terms of that licence.
(7) A council may vary a closing order by an order under this paragraph (in this Part referred to as a “variation order”).
(8) A council may revoke a closing order by an order under this paragraph (in this Part referred to as a “revocation order”).
(9) A variation order or a revocation order may be made on the written application of the keeper of the premises to which the closing order relates, or without such an application.
(10) Subject to paragraph (11), a closing order shall cease to have effect 3 years from the date on which it was made, but without prejudice to the power of the council to make a further closing order.
(11) Paragraph (10) shall have effect in relation to a closing order which has been varied as if the reference to the date on which it was made were a reference to the date on which it was last varied.
(12) In this Part “the keeper”, in relation to any premises, means the person having the conduct or management of the premises.