3.—(1) After Article 44 of the Licensing Order insert—
44A.—(1) In the case of premises of the kind referred to in Article 5(1)(a) or an hotel, a county court or court of summary jurisdiction may, when making an order under Article 44(1), also make an order under paragraph (3) or (4) of this Article.
(2) In the case of premises of the kind referred to in Article 5(1)(a), or an hotel, to which an order under Article 44 applies, a court of summary jurisdiction may, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9, make an order under paragraph (3) or (4).
(3) An order under this paragraph may direct that, on each day specified in the order (being a day specified in the order under Article 44), an additional hour beginning immediately after the end of the period authorised by the order under Article 44 is to be included in the permitted hours for the premises to which that order applies for the purposes referred to in paragraph (2) of that Article.
(4) An order under this paragraph may direct that, on each day specified in the order (being a day other than one specified in the order under Article 44), the hours that would be included in the permitted hours if the day were one specified in the order under Article 44 and an additional hour beginning immediately after the end of those hours are to be included in the permitted hours for the premises to which that order applies.
(5) An order under paragraph (4) is subject to a condition that, during the hours authorised by the order, the premises may be used for the sale of intoxicating liquor only if they are also being used for the provision of—
(a)musical or other entertainment; or
(b)substantial refreshment; or
(c)both such entertainment and refreshment.
(6) In paragraph (5), “entertainment” has the same meaning as in Article 44 (see paragraph (8) of that Article).
(7) A court must not make an order under paragraph (3) or (4) unless the court is satisfied that—
(a)the business will be conducted during the hours mentioned in that paragraph and any period immediately following their termination in such a manner as not to cause undue inconvenience to persons residing in the vicinity of the premises; and
(b)the hours mentioned in that paragraph will not cause undue inconvenience to persons residing in the vicinity of the premises.
(8) The court may, accordingly, make the order subject to such terms and conditions as the court thinks fit for the purpose of avoiding such inconvenience as is mentioned in paragraph (7).
(9) Subject to paragraph (10), where notice of an application under paragraph (2) has been served on the clerk of petty sessions, the clerk may make the order sought as if the application had been made to the clerk and may do so in the absence of the applicant.
(10) Where—
(a)a notice of objection to the application has been served upon the clerk and has not been withdrawn, or
(b)the clerk is of the opinion, for any other reason, that the application should be made to the court,
the clerk must require the application to be made to the court and must notify the applicant and the objector, if any, of the requirement and of the time and place of the hearing.
(11) Paragraphs (6) and (7) of Article 44 apply in relation to an order under paragraph (3) or (4) of this Article as they apply in relation to an order under paragraph (1) of that Article; and for that purpose—
(a)the reference to that Article in the opening words of paragraph (6) of that Article is to be read as including a reference to this Article, and
(b)the references to paragraph (2) of that Article are to be read as references to paragraph (3) or (as the case may be) paragraphs (4) and (5) of this Article.
(12) Not more than 104 days in any year may be specified in an order or orders made under this Article.
(13) Regulations may modify paragraph (12) so as to substitute a different number of days for the number for the time being specified there.
(14) Regulations may not be made under paragraph (13) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
44B.—(1) An order under Article 44A may be revoked or modified by a court of summary jurisdiction on the application of the holder of the licence.
(2) Where a court of summary jurisdiction is, in the case of premises in relation to which an order under Article 44A has been made, satisfied for the purposes of paragraph (3), the court may act under paragraph (4) in relation to the order.
(3) A court is satisfied for the purposes of this paragraph in the case of premises if, on a complaint made under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981, it is satisfied that, on a previous day specified in an order under Article 44A in relation to the premises—
(a)the business carried on in the premises was conducted during the hours mentioned in paragraph (3) or (4) of Article 44A (as the case may be) or any period immediately following their termination in such a manner as to cause undue inconvenience to persons residing in the vicinity of the premises; or
(b)such hours caused undue inconvenience to persons residing in the vicinity of the premises; or
(c)in the case of a complaint made by the district commander for the police district in which the premises are situated, the specified part or parts of the premises were not used for the purposes mentioned in paragraph (3) or (5) of Article 44A (as the case may be).
(4) The court may—
(a)revoke the order under Article 44A that is referred to in paragraph (2) of this Article; or
(b)modify the order or, in relation to the order, the hours mentioned in paragraph (3) or (4) of Article 44A (as the case may be); or
(c)make the continuance of the order subject to such terms and conditions as the court thinks fit.”.
(2) In Schedule 9 to the Licensing Order (procedure for certain applications), after paragraph 2 insert—
“2A. A person who intends to make an application under Article 44 or 44A must (in addition to complying with the duty under paragraph 2)—
(a)not more than 6 weeks nor less than 2 weeks before the time of the court sitting at which the application is to be made, cause notice of the application to be published at least once in 2 newspapers circulating in the vicinity of the premises to which the application relates;
(b)during the 3 weeks before that time, cause notice of the application to be displayed on or near the premises to which the application relates.”.
(3) In that Schedule—
(a)in the title, after “44” insert “, 44A”,
(b)in paragraph 1, after “44” insert “, 44A”, and
(c)in paragraph 4, after sub-paragraph (b) insert—
“(ba)in the case of an application under Article 44A, on any ground mentioned in Article 44A(5) or (7);”.
Commencement Information
I1S. 3 not in operation at Royal Assent, see s. 47(2)
I2S. 3 in operation at 1.10.2021 by S.R. 2021/247, art. 2, Sch.