The Licensing (Northern Ireland) Order 1996

Temporary continuance of business in other premises N.I.

29.—(1) Where by reason of any circumstance such as is mentioned in paragraph 2(a)(i) or (iii) to (vi) of Schedule 2, the holder of a licence which is in force for any premises (in this Article referred to as “the original premises”) is unable to carry on business under the licence in the premises, a court of summary jurisdiction may, on an application made by him in compliance with the procedure set out in Schedule 6, make an order authorising the continuance of the business in—

(a) temporary premises erected or to be erected wholly or partly within the curtilage, or on the site, of the original premises; or

(b) other premises in the vicinity of the original premises or their site,

for such period, not exceeding 6 months, as the court thinks fit.

(2) A court shall not make an order under paragraph (1) unless it is satisfied—

(a) that the premises in which the business is proposed to be carried on are adequate for the conduct of the business and will continue to be adequate during the period of the order; and

(b) that the applicant either—

(i) proposes to resume business under the licence in the original premises within a reasonable period (if Article 32 does not apply), or

(ii) has made an application for a new licence for those or other premises, or proposes to do so within a reasonable period.

[F1 (2A) Where the original premises were an indoor arena, the court may consider an application under this Article notwithstanding that the premises in which it is proposed to continue the business are not, or will not be, an indoor arena within the meaning of this Order.]

(3) An application under this Article shall be made to a court of summary jurisdiction for the petty sessions district in which the premises in which the business is sought to be continued are situated.

(4) Where an order has been made under paragraph (1), a court of summary jurisdiction may, on application by the holder of the licence, make such further order or orders under that paragraph as it thinks fit.

(5) The temporary continuance of a business under this Article shall cease—

(a) at the end of the period specified in an order or a further order made under paragraph (1), or

(b) when the holder of the licence resumes the business in the original premises or premises for which a new licence is granted,

whichever first occurs.

(6) Where under this Article a court authorises the temporary continuance of a business in any premises—

(a) those premises shall be deemed to be the licensed premises;

(b) Article 15(2) shall apply in relation to the renewal of the licence as if sub-paragraph (c)(ii) were omitted.

F1 2004 NI 17