The Licensing (Northern Ireland) Order 1996

[F176D—(1) This Article applies where—N.I.

(a)Article 76C applies; and

(b)the pavement café area is used exclusively or mainly for the consumption of intoxicating liquor.

(2) For the purposes of Article 58(1)(c) and (2) to (14) (young persons prohibited from certain premises), the pavement café area is to be treated—

(a)as part of the licensed premises with which it is associated;

(b)as if it were a part falling within Article 58(1)(c)(ii); and

(c)accordingly, as being included in any reference in Article 58 to any part of the licensed premises as mentioned in paragraph (1) of that Article.

(3) If a children's certificate is in force in respect of any part of the premises with which the pavement café area is associated, then (subject to paragraph (4)) the pavement café area is also to be treated for the purposes of Article 58(5)(b) as if it were a part of the premises for which the children's certificate is in force.

(4) If a children's certificate is in force in respect of any part of the premises with which the pavement café area is associated—

(a)the powers of a court of summary jurisdiction under Article 59(8) include power, on the application of the holder of the licence, to revoke the children's certificate so far as relating to the pavement café area; and

(b)the powers of a court of summary jurisdiction under Article 59(9) include power to revoke the children's certificate so far as relating to the pavement café area if the court is satisfied, upon complaint made under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981—

(i)that the pavement café area does not constitute an environment in which it is suitable for a person under the age of 18 to be present; or

(ii)in the case of a complaint made as mentioned in Article 59(9)(b), that any condition specified in Article 59(2)(b) to (d) or in Article 58(5) is not being complied with in respect of the pavement café area.]