Licensing (Conditions for Mixed Trading) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

Article 33 of the Licensing (Northern Ireland) Order 1990 prohibited the carrying on of any business (other than certain ancillary businesses within the meaning of paragraph (2) of that Article) from being carried on, inter alia, in premises in which the only or principal business carried on was the business of selling intoxicating liquor by retail for consumption off the premises. The Licensing (Northern Ireland) Order 1996 repealed this prohibition. In its place Article 5(2) of that Order enabled the Department of Health and Social Services to prescribe the conditions under which any business authorised by a licence for the sale of intoxicating liquor may be carried out on certain premises.

These Regulations, in pursuance of that power, prescribe the conditions under which any business which is authorised by a liquor licence to sell intoxicating liquor by retail for consumption off the premises may be carried on in premises only part or parts of which may be used for the sale of intoxicating liquor.

In particular, the Regulations—

(a) require that intoxicating liquor shall only be offered for sale on the premises in a specified area or in specified areas;

(b) require that any person purchasing intoxicating liquor on the premises may only do so at a point of sale within such a specified area;

(c) impose requirements with respect to the siting of each specified area within the premises and their separation from other parts of the premises;

(d) impose requirements for the supervision of the specified areas and any persons under the age of 18 years employed in such areas; and

(e) require that any articles (other than intoxicating liquor) offered for sale in any specified area shall also be offered for sale in other parts of the premises.