Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021

Section 45

SCHEDULE 1 Minor and consequential amendments

Licensing (Northern Ireland) Order 1996

1.  The Licensing Order is amended as follows.

2.—(1) Article 2 (interpretation) is amended as follows.

(2) In paragraph (2)—

(a) omit the definition of “children’s certificate”,

(b) in the definition of “licensed premises”, in the full-out words at the end, after “Articles” insert “52C, 52D, 52E,”,

(c) at the appropriate place insert—

““major event order” means an order under Article 48A;”,

(d) in the definition of “permitted hours”, after “44,” insert “44A”, and

(e) in that definition, for “and 47” substitute “, 47 and 48A”.

(3) In paragraph (4), for “(l)” substitute “(m)”.

(4) After paragraph (10) insert—

“(11) In this Order (other than Part 4A and Article 77A(3)) any reference to a district commander for a police district includes a reference to any other member of the Police Service of Northern Ireland nominated by the district commander.”.

3.  In Article 5 (premises for which a licence may be granted), in paragraph (3)—

(a) for “Article 51(1)(b)” substitute “Articles 48B(2) to (6), 51(1)(b) and 52C(1)”,

(b) for “(l)” substitute “(m)”, and

(c) in sub-paragraph (b), at the beginning insert “except in the case of premises of a kind mentioned in Article 5(1)(m),”.

4.  In Article 15(2)(e) (renewal of licence), for “(l)” substitute “(m)”.

5.  In Article 17(3) (renewal of licence: certain provisions not to apply), after “44” insert “, 44A”.

6.  In Article 22(6)(c)(ii) (transfer of licence), for “(l)” substitute “(m)”.

7.—(1) Article 34 (register of licences) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (f), after “44”, insert “, 44A”, and

(b) omit sub-paragraph (g).

(3) In paragraph (4), for “Department” substitute “Department of Justice”.

8.  In Article 58(1)(b) (prohibition on young persons in premises which sell intoxicating liquor for consumption off the premises), at the end insert “in which intoxicating liquor is made available for purchase”.

9.  In Article 69F (consideration of closure order by court of summary jurisdiction), in paragraph (2)—

(a) in sub-paragraph (c), after “Article 44” insert “or 44A”, and

(b) in sub-paragraph (c)(ii), after “Article 44(2)” insert “or Article 44A(3) or (4) (as the case may be)”.

10.  In Article 76D (young persons prohibited from certain pavement café areas), omit paragraphs (3) and (4).

11.  In Article 77A (conditions and licences for indoor arenas and outdoor stadia), in paragraph (3), after “the indoor arena” insert “or outdoor stadium”.

12.  In Schedule 1 (application for certain orders at same time as application for licence), in paragraph 7—

(a) after “44” insert “, 44A”,

(b) omit “or for a children’s certificate”, and

(c) omit “or, as the case may be, the children’s certificate”.

13.  In Schedule 9 (certain applications to court)—

(a) in the title, omit “or 59”,

(b) in paragraph 1, omit “or 59”, and

(c) in paragraph 4, omit paragraph (d).

Registration of Clubs (Northern Ireland) Order 1996

14.  The Registration of Clubs Order is amended as follows.

15.—(1) Article 2 (interpretation) is amended as follows.

(2) In paragraph (2), omit the definition of “children’s certificate”.

(3) After paragraph (4) insert—

“(5) In this Order (other than Part 4A) any reference to a district commander for a police district includes a reference to any other member of the Police Service of Northern Ireland nominated by the district commander.”.

16.  In Article 16(5) (alteration of register of clubs), for “Department” substitute “Department of Justice”.

17.  In Article 32(5) (prohibition on young persons from bars: exception where meal being eaten), in sub-paragraph (a), after “a meal” insert “consisting of at least a main course and”.

18.  In Article 52(1) (modifications of Schedules), for “, 4 and 5” substitute “and 4”.

19.  In Schedule 1 (provisions to be included in club rules), after paragraph 13 (day membership at sporting clubs) insert—

“13A.   But paragraph 13 entitles a person to use facilities of the club on the day in question only if the person also engages in sporting activities of the club on that day; and paragraph 14 applies subject to this paragraph.”.

20.  In Schedule 2 (applications for grant of registration), omit paragraph 5.