PART IVN.I.CONDUCT OF LICENSED PREMISES, ETC.

Special provision with respect to young personsN.I.

[F1Authorisations for underage functionsN.I.

58B.—(1) A court of summary jurisdiction, or a clerk of petty sessions acting under paragraph (3), may, on an application made in compliance with the procedure set out in Schedule 10 by the holder of a licence for premises which are or include premises for which an order under Article 58A is in force, grant an authorisation under this Article.

(2) An authorisation under this Article may authorise the holder of the licence to hold an underage function—

(a)in such part of the premises for which the order is in force as is specified in the authorisation, and

(b)on the day so specified during such hours as are so specified ending no later than 1 in the morning of the next day.

(3) Subject to paragraph (4), where notice of an application for an authorisation under this Article has been served upon the clerk of petty sessions, the clerk may grant the authorisation as if the application had been made to the clerk and may do so in the absence of the applicant.

(4) Where—

(a)a notice of objection has been served upon the clerk and has not been withdrawn, or

(b)the clerk is of the opinion, for any other reason, that an application for an authorisation under this Article 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.

(5) It is a condition of an authorisation under this Article that, during the period for which the authorisation is in force—

(a)each dispenser of intoxicating liquor in the part of the premises for which the authorisation is in force must be incapable of operation, and

(b)access to any other container of intoxicating liquor in that part must be prevented.

(6) A court of summary jurisdiction which grants an authorisation under this Article may attach to the authorisation such other conditions as the court thinks fit.

(7) In the case of an indoor arena, the references in paragraph (5) to the part of the premises for which the authorisation is in force are to be read as including a reference to any entrance to that part.

(8) If a condition attached to the authorisation is contravened, the holder of the licence is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) The holder of a licence, personally or by a servant or agent, or such a servant or agent, must not, during the period for which an authorisation under this Article is in force—

(a)sell intoxicating liquor to, or make it available for purchase by, a person aged 18 or over in the part of the premises for which the authorisation is in force;

(b)permit a person aged 18 or over to consume intoxicating liquor in the part of the premises for which the authorisation is in force.

(10) A person who contravenes paragraph (9) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) A person aged 18 or over who consumes intoxicating liquor in a part of premises for which an authorisation under this Article is in force is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]