http://www.legislation.gov.uk/nisi/1996/3158/contents/englandThe Licensing (Northern Ireland) Order 1996texttext/xmlenStatute Law Database2024-05-15Expert Participation2023-04-06The Licensing (Northern Ireland) Order 1996art. 57BLicensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011s. 5s. 18The Licensing (Northern Ireland) Order 1996 PART IINTRODUCTORY1Title and commencement2Interpretation2AMeaning of “indoor arena”2AAMeaning of “outdoor stadium”2BApplication to limited liability partnershipsPART IITHE GENERAL LICENSING SYSTEM3Prohibition on sale of intoxicating liquor without a licence4Persons to whom licences may be granted5Premises for which licences may be granted5ARemote sales: requirement for off-licence6Premises for which licences shall not be grantedGrant of licences7Grant of licences8Grant of licence conditional on alterations being made in premises9Provisional grant of licences10Preliminary approval of sites and disposal in certain cases11Grant of new licence in lieu of existing licence12Effect on new licence of suspension of surrendered, or previous, licence13Duration of new licencesRenewal of licences14Renewal of licences15Renewal of licences by a court16Power to renew licences out of time17Renewal of licences in respect of certain premises18Renewal of licence pending grant of new licence19Renewal of suspended licences20Continuance of licence pending determination of appeal21Duration of renewed licenceTransfer of licences22Transfer of licences23Concurrent transfer and renewal of licences24Transfer of suspended licences25Appeal from transferTemporary continuance of business in certain circumstances26Protection orders27Supplementary provisions relating to protection orders28Temporary continuance of business on death, bankruptcy, etc.29Temporary continuance of business in other premisesOccasional licences30Occasional licencesStructure, etc., of licensed premises31Consent required for certain alterations to premises32New licence required on reconstruction of premisesForm, register and proof of licences, etc.33Form of licence34Register of licences35Inspection of register36Information for Department37Register of licences to be evidence38Proof, etc., of licenceProvisions as to certain acquisitions of licensed premises39Provisions as to licences where premises are acquired under statutory powers40Temporary occupation of licensed premises for purpose of carrying on businessPART IIIPERMITTED HOURS41Prohibition of sale, etc., of intoxicating liquor outside permitted hoursThe permitted hours42General permitted hours43Alternative permitted hours for off-sales44Orders for additional permitted hours44APublic houses or hotels: order for further additional permitted hours44BOrders under Article 44A: revocation, modification etc.44CAlignment of closing time for liquor and entertainment45Authorisations for additional permitted hoursExceptions46Exceptions from prohibition of sale, etc., of intoxicating liquor outside permitted hoursExtension licences47Extension licences for sale, etc., of liquor in certain premises outside permitted hours48Suitability of certain premises for functionsMajor event orders48AExtension of permitted hours for major events48BMajor event order: conditionsMiscellaneous49Power of Secretary of State to vary hours in certain circumstancesPART IVCONDUCT OF LICENSED PREMISES, ETC.Conditions for sale, etc., of intoxicating liquor applicable to certain licences50Restriction as to sale, etc., of intoxicating liquor for consumption off the premises51Conditions as to sale, etc., in guest houses and restaurants52Places of public entertainment52A Indoor arenas and outdoor stadia 52BLocal producer’s licence: sales on own premises52CLocal producer’s licence: sale on other licensed premises52DLocal producer’s licence: sales not on licensed premises52ELocal producer’s premises: suitability for on-sales52FLocal producer’s premises: authorisation for on-sales53International airports54Seamen's canteensSelf-service and vending machines54AProhibition on self-service and sales by vending machinesGeneral provisions regulating sale, etc., possession and delivery of intoxicating liquor55Restrictions on sale of certain kinds of alcohol56Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises57Penalty for breach of terms of off-licence57ZARestrictions on off-sales drinks promotions in supermarkets etc.57ZBProhibition of loyalty schemes57AIrresponsible drinks promotionsSpecial provision with respect to young persons58Young persons prohibited from certain premises58ASuitability of certain premises for underage functions58BAuthorisations for underage functions59Children's certificates60Sale, etc., of intoxicating liquor to young persons60ATest purchases of alcohol60BDuty to display notice relating to agePreservation of order61Drunkenness in licensed premises62Procuring drink for drunken person63Power to exclude drunken persons, etc., from licensed premises64Riotous, disorderly or indecent behaviour in licensed premises65Prostitutes not to be allowed to assemble on licensed premisesMiscellaneous66Conditions as to delivery of intoxicating liquor67Prohibition of consumption, etc., of intoxicating liquor at entertainments68Prohibition of consumption, etc., of intoxicating liquor in certain premises69Persons found on unlicensed premises, etc.PART 4ACLOSURE OF LICENSED PREMISESClosure of licensed premises in an identified district69AOrders to close licensed premises in district experiencing disorderClosure of identified licensed premises69BClosure orders for identified licensed premises69CExtension of closure order69DCancellation of closure order69EApplication to court of summary jurisdiction by police69FConsideration of closure order by court of summary jurisdiction69GAppeal from decision of court of summary jurisdiction69HEnforcement of closure order69IExemption of police from liability for damagesInterpretation69JInterpretation of Part 4APART VENFORCEMENT70Production of licence71Provision for inspection and rights of entryPenalty points71APenalty points to be attributed to an offence71BEndorsement of licences71CSuspension of licence for repeated offencesSuspension of licences72Suspension of licences73Suspension of licences on conviction of certain offences74Penalty for opening licensed premises during period of suspension75Procedure in connection with suspension76Appeals against suspension of licence, etc.PART 5APAVEMENT CAFE AREASPavement café areas: definitions76A(1) In this Part, a “ pavement café area ”...Sale for consumption on pavement café area not prohibited by Article 5(3)(b) or 51 in certain cases76B(1) This Article applies where— (a) a pavement café area...Pavement café area where consumption permitted: hours, conduct etc.76C(1) This Article applies where— (a) a pavement café area...Young persons prohibited from certain pavement café areas76D(1) This Article applies where— (a) Article 76C applies; and...Off-licence: penalty for consumption on pavement café area76E(1) This Article applies where— (a) a pavement café area...PART VIMISCELLANEOUSCode of practice76FCode of practiceSeamen's canteens77Special provisions with respect to grant or renewal of licences for seamen's canteens Indoor arenas and outdoor stadia 77A Attachment of conditions to licences for indoor arenas or outdoor stadia Wholesale dealers78Sales by wholesalers, etc.Pharmacists79Sale of intoxicating liquor, etc., by pharmacistsVessels, aircraft and trains80Licences for non-seagoing vessels81Application of Order to certain seagoing vessels and to aircraft and railway passenger vehiclesLegal proceedings82Evidence83AppealsSupplemental84Exemptions and savings85Modifications of Schedules, amendments, transitional provisions, savings and repealsSCHEDULESSCHEDULE 1APPLICATIONS FOR THE GRANT OF LICENCESPART IGRANT OF LICENCES1A person who intends to make an application for the...2The notices mentioned in paragraph 1 shall specify the kind...3(1) The applicant shall attach to— (a) the notice mentioned...3AIn the case of an application for the grant of...4A sub-divisional commander upon whom notice is required by paragraph...5Any person having an estate in the premises specified in...6A person intending to object under paragraph 4 or 5...7A person who intends to make an application for an...PART IIPROVISIONAL GRANT OF LICENCES8Part I shall apply in relation to an application for...9Article 7(4)(a) to (e)(i) shall apply in relation to an...10Where an application for the provisional grant of a licence...PART IIIAPPLICATION TO HAVE PROVISIONAL GRANT OF LICENCES DECLARED FINAL11A person who intends to make an application to have...12The notice mentioned in paragraph 11 shall be in such...13A sub-divisional commander upon whom notice is required by paragraph...14A person intending to object under paragraph 13 shall not...15Before or at the hearing of the application to have...SCHEDULE 2MEANING OF “SUBSISTING LICENCE”1Except in the circumstances mentioned in paragraph 2 or 3,...2Notwithstanding anything in paragraph 1, a licence shall be treated...3Notwithstanding anything in paragraph 1, a licence shall be treated...SCHEDULE 3APPROVAL OF SITES, DISPOSAL OF SITES OR PREMISES AND GRANT OF LICENCES FOR PREMISES ON APPROVED SITESPART IAPPROVAL OF SITESInterpretation1In this Schedule— “approved sites” has the meaning assigned to...Proposals as to sites2(1) A housing authority who proposes to make an application...Applications3(1) A housing authority who intends to make an application...Declarations4(1) Where proposals made under paragraph 2 by a housing...Duration of declaration5(1) A declaration shall, subject to sub-paragraph (2) remain in...Effect of declaration6Where a declaration is in force approving any site as...PART IIDISPOSAL OF APPROVED SITES OR PREMISES IN RE-DEVELOPMENT AREASApplication of this Part7This Part applies where sites in a re-development area or...Power to dispose of sites or premises8The housing authority may dispose of— (a) the approved sites;...Acquisition of sites or premises by persons dispossessed of licences9(1) The housing authority shall serve on every person who...Disposal of remaining sites or premises, if any10(1) Where, after steps have been taken by a housing...Contracts as to sites11A contract for the acquisition from a housing authority of...Procedure where contract cancelled, etc12Where a contract for the acquisition of an estate in...Transfer of land between housing authorities13Where a housing authority disposes of land within a re-development...PART IIIEXPENSESFinancial provisions14Any increase attributable to any provision of this Order in...SCHEDULE 4APPLICATIONS FOR THE RENEWAL OF LICENCESPART IGENERAL PROCEDURE1The Department shall, during the month of July in each...2The Department of Justice shall, not less than 6 weeks...3A person who intends to make an application for the...4The notices mentioned in paragraph 3 shall specify the kind...4AIn the case of an application for the renewal of...5A sub-divisional commander upon whom notice is required by paragraph...6A person intending to object under paragraph 5 shall not...7Before the renewal date, the applicant shall deposit the licence...PART IIPROCEDURE FOR RENEWALS OUT OF TIME8Part I shall apply in relation to an application under...SCHEDULE 5APPLICATIONS FOR THE TRANSFER OF LICENCESPART ITRANSFER OF LICENCES1A person who intends to make an application for the...2The notices mentioned in paragraph 1 shall specify the kind...3A sub-divisional commander upon whom notice is required by paragraph...4A person intending to object under paragraph 3 shall, not...5(1) Before or at the hearing of the application for...PART IITRANSFER OF LICENCES PROVISIONALLY GRANTED6Part I shall apply in relation to an application for...7Article 22(6) shall apply in relation to an application for...SCHEDULE 6APPLICATIONS FOR PROTECTION ORDERS AND AUTHORISATIONS OF TEMPORARY CONTINUANCE OF BUSINESSES1In this Schedule “application” means an application for— 2A person who intends to make an application shall, not...3The notice mentioned in paragraph 2 shall specify the kind...4(1) Where the application is for an order authorising the...5The sub-divisional commander upon whom notice is required by paragraph...6The court may consider the application, notwithstanding that the procedure...SCHEDULE 7APPLICATIONS FOR OCCASIONAL LICENCES1In this Schedule “licence” means an occasional licence. 2A person who intends to make an application for the...3Where a person owning, or residing or carrying on business...4The notice mentioned in paragraph 2 shall be in such...4AThe district commander mentioned in paragraph 2(a) may appear at...5The sub-divisional commander mentioned in paragraph 2(a), the district council...6The court may consider the application, notwithstanding that the procedure...SCHEDULE 8APPLICATIONS AND NOTICES UNDER ARTICLE 31PART IAPPLICATIONS FOR CONSENT TO ALTERATIONS1In this Part “application” means an application under Article 31(1)(i)....2A person who intends to make an application shall, not...3The notice mentioned in paragraph 2 shall specify the kind...4The applicant shall attach to— (a) the notice mentioned in...5The sub-divisional commander upon whom notice is required by paragraph...6A person intending to object under paragraph 5 shall, not...PART IINOTICES OF ALTERATIONS REQUIRED BY AUTHORITIES7The notice shall specify the kind of premises to which...8(1) The holder of the licence shall attach to the...SCHEDULE 9APPLICATIONS UNDER ARTICLE 43, 44, 44A, 48 , 52E or 58A ...1In this Schedule “application” means an application under Article 43,...2A person who intends to make an application shall, not...2AA person who intends to make an application under Article...3The notice mentioned in paragraph 2 shall specify the kind...4The sub-divisional commander mentioned in paragraph 2(a), the district council...5A person intending to object under paragraph 4 shall, not...6The court may consider the application notwithstanding that the procedure...SCHEDULE 10APPLICATIONS FOR EXTENSION LICENCES1In this Schedule “licence” means an extension licence. 1AIn this Schedule authorisation” means an authorisation under Article 52F...2A person who intends to make an application for the...3The notice mentioned in paragraph 2 shall be in such...4The sub-divisional commander mentioned in paragraph 2(a) and the district...5A person intending to object under paragraph 4 shall, not...6The court or, as the case may be, the clerk...SCHEDULE 10ATABLE OF OFFENCES WITH PENALTY POINTSPART 1OFFENCES PUNISHABLE WITH LEVEL 3 FINE ON THE STANDARD SCALEPART 2OFFENCES PUNISHABLE WITH LEVEL 4 FINE ON THE STANDARD SCALEPART 3OFFENCES PUNISHABLE WITH LEVEL 5 FINE ON THE STANDARD SCALESCHEDULE 12TRANSITIONAL PROVISIONS AND SAVINGS1(1) Where, immediately before 15th June 1990, the authority conferred...2(1) Where, notwithstanding sections 23 and 24 of the Licensing...3The provisions in this Schedule shall have effect without prejudice...