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The Licensing (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II THE GENERAL LICENSING SYSTEM

    1. 3.Prohibition on sale of intoxicating liquor without a licence

    2. 4.Persons to whom licences may be granted

    3. 5.Premises for which licences may be granted

    4. 6.Premises for which licences shall not be granted

    5. Grant of licences

      1. 7.Grant of licences

      2. 8.Grant of licence conditional on alterations being made in premises

      3. 9.Provisional grant of licences

      4. 10.Preliminary approval of sites and disposal in certain cases

      5. 11.Grant of new licence in lieu of existing licence

      6. 12.Effect on new licence of suspension of surrendered, or previous, licence

      7. 13.Duration of new licences

    6. Renewal of licences

      1. 14.Renewal of licences

      2. 15.Renewal of licences by a court

      3. 16.Power to renew licences out of time

      4. 17.Renewal of licences in respect of certain premises

      5. 18.Renewal of licence pending grant of new licence

      6. 19.Renewal of suspended licences

      7. 20.Continuance of licence pending determination of appeal

      8. 21.Duration of renewed licence

    7. Transfer of licences

      1. 22.Transfer of licences

      2. 23.Concurrent transfer and renewal of licences

      3. 24.Transfer of suspended licences

      4. 25.Appeal from transfer

    8. Temporary continuance of business in certain circumstances

      1. 26.Protection orders

      2. 27.Supplementary provisions relating to protection orders

      3. 28.Temporary continuance of business on death, bankruptcy, etc.

      4. 29.Temporary continuance of business in other premises

    9. Occasional licences

      1. 30.Occasional licences

    10. Structure, etc., of licensed premises

      1. 31.Consent required for certain alterations to premises

      2. 32.New licence required on reconstruction of premises

    11. Form, register and proof of licences, etc.

      1. 33.Form of licence

      2. 34.Register of licences

      3. 35.Inspection of register

      4. 36.Returns to Department

      5. 37.Register of licences to be evidence

      6. 38.Proof, etc., of licence

    12. Provisions as to certain acquisitions of licensed premises

      1. 39.Provisions as to licences where premises are acquired under statutory powers

      2. 40.Temporary occupation of licensed premises for purpose of carrying on business

  4. PART III PERMITTED HOURS

    1. 41.Prohibition of sale, etc., of intoxicating liquor outside permitted hours

    2. The permitted hours

      1. 42.General permitted hours

      2. 43.Alternative permitted hours for off-sales

      3. 44.Orders for additional permitted hours

      4. 45.Authorisations for additional permitted hours

    3. Exceptions

      1. 46.Exceptions from prohibition of sale, etc., of intoxicating liquor outside permitted hours

    4. Extension licences

      1. 47.Extension licences for sale, etc., of liquor in certain premises outside permitted hours

      2. 48.Suitability of certain premises for functions

    5. Miscellaneous

      1. 49.Power of Secretary of State to vary hours in certain circumstances

  5. PART IV CONDUCT OF LICENSED PREMISES, ETC.

    1. Conditions for sale, etc., of intoxicating liquor applicable to certain licences

      1. 50.Restriction as to sale, etc., of intoxicating liquor for consumption off the premises

      2. 51.Conditions as to sale, etc., in guest houses and restaurants

      3. 52.Places of public entertainment

      4. 53.International airports

      5. 54.Seamen’s canteens

    2. General provisions regulating sale, etc., possession and delivery of intoxicating liquor

      1. 55.Restrictions on sale of certain kinds of alcohol

      2. 56.Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises

      3. 57.Penalty for breach of terms of off-licence

    3. Special provision with respect to young persons

      1. 58.Young persons prohibited from certain premises

      2. 59.Children’s certificates

      3. 60.Sale, etc., of intoxicating liquor to young persons

    4. Preservation of order

      1. 61.Drunkenness in licensed premises

      2. 62.Procuring drink for drunken person

      3. 63.Power to exclude drunken persons, etc., from licensed premises

      4. 64.Riotous, disorderly or indecent behaviour in licensed premises

      5. 65.Prostitutes not to be allowed to assemble on licensed premises

    5. Miscellaneous

      1. 66.Conditions as to delivery of intoxicating liquor

      2. 67.Prohibition of consumption, etc., of intoxicating liquor at entertainments

      3. 68.Prohibition of consumption, etc., of intoxicating liquor in certain premises

      4. 69.Persons found on unlicensed premises, etc.

  6. PART V ENFORCEMENT

    1. 70.Production of licence

    2. 71.Provision for inspection and rights of entry

    3. Suspension of licences

      1. 72.Suspension of licences

      2. 73.Suspension of licences on conviction of certain offences

      3. 74.Penalty for opening licensed premises during period of suspension

      4. 75.Procedure in connection with suspension

      5. 76.Appeals against suspension of licence, etc.

  7. PART VI MISCELLANEOUS

    1. Seamen’s canteens

      1. 77.Special provisions with respect to grant or renewal of licences for seamen’s canteens

    2. Wholesale dealers

      1. 78.Sales by wholesalers, etc.

    3. Pharmacists

      1. 79.Sale of intoxicating liquor, etc., by pharmacists

    4. Vessels, aircraft and trains

      1. 80.Licences for non-seagoing vessels

      2. 81.Application of Order to certain seagoing vessels and to aircraft and railway passenger vehicles

    5. Legal proceedings

      1. 82.Evidence

      2. 83.Appeals

    6. Supplemental

      1. 84.Exemptions and savings

      2. 85.Modifications of Schedules, amendments, transitional provisions, savings and repeals

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      APPLICATIONS FOR THE GRANT OF LICENCES

      1. PART I GRANT OF LICENCES

        1. 1.A person who intends to make an application for the...

        2. 2.The notices mentioned in paragraph 1 shall specify the kind...

        3. 3.(1) The applicant shall attach to— (a) the notice mentioned...

        4. 4.A sub-divisional commander upon whom notice is required by paragraph...

        5. 5.Any person having an estate in the premises specified in...

        6. 6.A person intending to object under paragraph 4 or 5...

        7. 7.A person who intends to make an application for an...

      2. PART II PROVISIONAL GRANT OF LICENCES

        1. 8.Part I shall apply in relation to an application for...

        2. 9.Article 7(4)(a) to (e)(i) shall apply in relation to an...

        3. 10.Where an application for the provisional grant of a licence...

      3. PART III APPLICATION TO HAVE PROVISIONAL GRANT OF LICENCES DECLARED FINAL

        1. 11.A person who intends to make an application to have...

        2. 12.The notice mentioned in paragraph 11 shall be in such...

        3. 13.A sub-divisional commander upon whom notice is required by paragraph...

        4. 14.A person intending to object under paragraph 13 shall not...

        5. 15.Before or at the hearing of the application to have...

    2. SCHEDULE 2

      MEANING OF “SUBSISTING LICENCE”

      1. 1.Except in the circumstances mentioned in paragraph 2 or 3,...

      2. 2.Notwithstanding anything in paragraph 1, a licence shall be treated...

      3. 3.Notwithstanding anything in paragraph 1, a licence shall be treated...

    3. SCHEDULE 3

      APPROVAL OF SITES, DISPOSAL OF SITES OR PREMISES AND GRANT OF LICENCES FOR PREMISES ON APPROVED SITES

      1. PART I APPROVAL OF SITES

        1. Interpretation

          1. 1.In this Schedule— “approved sites” has the meaning assigned to...

        2. Proposals as to sites

          1. 2.(1) A housing authority who proposes to make an application...

        3. Applications

          1. 3.(1) A housing authority who intends to make an application...

        4. Declarations

          1. 4.(1) Where proposals made under paragraph 2 by a housing...

        5. Duration of declaration

          1. 5.(1) A declaration shall, subject to sub-paragraph (2) remain in...

        6. Effect of declaration

          1. 6.Where a declaration is in force approving any site as...

      2. PART II DISPOSAL OF APPROVED SITES OR PREMISES IN RE-DEVELOPMENT AREAS

        1. Application of this Part

          1. 7.This Part applies where sites in a re-development area or...

        2. Power to dispose of sites or premises

          1. 8.The housing authority may dispose of— (a) the approved sites;...

        3. Acquisition of sites or premises by persons dispossessed of licences

          1. 9.(1) The housing authority shall serve on every person who...

        4. Disposal of remaining sites or premises, if any

          1. 1O.(1) Where, after steps have been taken by a housing...

        5. Contracts as to sites

          1. 11.A contract for the acquisition from a housing authority of...

        6. Procedure where contract cancelled, etc

          1. 12.Where a contract for the acquisition of an estate in...

        7. Transfer of land between housing authorities

          1. 13.Where a housing authority disposes of land within a re-development...

      3. PART III EXPENSES

        1. Financial provisions

          1. 14.Any increase attributable to any provision of this Order in...

    4. SCHEDULE 4

      APPLICATIONS FOR THE RENEWAL OF LICENCES

      1. PART I GENERAL PROCEDURE

        1. 1.The Department shall, during the month of July in each...

        2. 2.The clerk of petty sessions for each petty sessions district...

        3. 3.A person who intends to make an application for the...

        4. 4.The notices mentioned in paragraph 3 shall specify the kind...

        5. 5.A sub-divisional commander upon whom notice is required by paragraph...

        6. 6.A person intending to object under paragraph 5 shall not...

        7. 7.Before the renewal date, the applicant shall deposit the licence...

      2. PART II PROCEDURE FOR RENEWALS OUT OF TIME

        1. 8.Part I shall apply in relation to an application under...

    5. SCHEDULE 5

      APPLICATIONS FOR THE TRANSFER OF LICENCES

      1. PART I TRANSFER OF LICENCES

        1. 1.A person who intends to make an application for the...

        2. 2.The notices mentioned in paragraph 1 shall specify the kind...

        3. 3.A sub-divisional commander upon whom notice is required by paragraph...

        4. 4.A person intending to object under paragraph 3 shall, not...

        5. 5.(1) Before or at the hearing of the application for...

      2. PART II TRANSFER OF LICENCES PROVISIONALLY GRANTED

        1. 6.Part I shall apply in relation to an application for...

        2. 7.Article 22(6) shall apply in relation to an application for...

    6. SCHEDULE 6

      APPLICATIONS FOR PROTECTION ORDERS AND AUTHORISATIONS OF TEMPORARY CONTINUANCE OF BUSINESSES

      1. 1.In this Schedule “application” means an application for—

      2. 2.A person who intends to make an application shall, not...

      3. 3.The notice mentioned in paragraph 2 shall specify the kind...

      4. 4.(1) Where the application is for an order authorising the...

      5. 5.The sub-divisional commander upon whom notice is required by paragraph...

      6. 6.The court may consider the application, notwithstanding that the procedure...

    7. SCHEDULE 7

      APPLICATIONS FOR OCCASIONAL LICENCES

      1. 1.In this Schedule “licence” means an occasional licence.

      2. 2.A person who intends to make an application for the...

      3. 3.Where a person owning, or residing or carrying on business...

      4. 4.The notice mentioned in paragraph 2 shall be in such...

      5. 5.The sub-divisional commander mentioned in paragraph 2(a), the district council...

      6. 6.The court may consider the application, notwithstanding that the procedure...

    8. SCHEDULE 8

      APPLICATIONS AND NOTICES UNDER ARTICLE 31

      1. PART I APPLICATIONS FOR CONSENT TO ALTERATIONS

        1. 1.In this Part “application” means an application under Article 31(1)(i)....

        2. 2.A person who intends to make an application shall, not...

        3. 3.The notice mentioned in paragraph 2 shall specify the kind...

        4. 4.The applicant shall attach to— (a) the notice mentioned in...

        5. 5.The sub-divisional commander upon whom notice is required by paragraph...

        6. 6.A person intending to object under paragraph 5 shall, not...

      2. PART II NOTICES OF ALTERATIONS REQUIRED BY AUTHORITIES

        1. 7.The notice shall specify the kind of premises to which...

        2. 8.(1) The holder of the licence shall attach to the...

    9. SCHEDULE 9

      APPLICATIONS UNDER ARTICLE 43, 44, 48 OR 59

      1. 1.In this Schedule “application” means an application under Article 43,44,...

      2. 2.A person who intends to make an application shall, not...

      3. 3.The notice mentioned in paragraph 2 shall specify the kind...

      4. 4.The sub-divisional commander mentioned in paragraph 2(a), the district council...

      5. 5.A person intending to object under paragraph 4 shall, not...

      6. 6.The court may consider the application notwithstanding that the procedure...

    10. SCHEDULE 10

      APPLICATIONS FOR EXTENSION LICENCES

      1. 1.In this Schedule “licence” means an extension licence.

      2. 2.A person who intends to make an application for the...

      3. 3.The notice mentioned in paragraph 2 shall be in such...

      4. 4.The sub-divisional commander mentioned in paragraph 2(a) and the district...

      5. 5.A person intending to object under paragraph 4 shall, not...

      6. 6.The court or, as the case may be, the clerk...

    11. SCHEDULE 11

      AMENDMENTS

      1. The Probation Act (Northern Ireland) 1950 (c. 7)

        1. 1.In Schedule 1 (offences in respect of which probation orders...

      2. The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (1985 NI 11)

        1. 2.In Article 12(4)(h) (grant of bookmaking office licences) for “Licensing...

        2. 3.In Article 32(14) (conduct of licensed bookmaking offices) for “Licensing...

        3. 4.In Article 107 (gaming machines restricted from certain premises)—

        4. 5.In Article 108 (use of gaming machines on other premises)—...

        5. 6.In Article 182(2)(b) (forfeiture of gaming machine as statutory consequence...

      3. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

        1. 7.In Article 5(2)(a) (closing orders with respect to premises supplying...

        2. 8.In paragraph 10(4)(a) of Schedule 1 for “Licensing (Northern Ireland)...

      4. The Tourism (Northern Ireland) Order 1992 (1992 NI 3)

        1. 9.In Article 12(3) (categories of tourist establishment) for “1990” substitute...

      5. The Business Tenancies (Northern Ireland) Order 1996 (1996 NI 5)

        1. 10.In Article 18(2)(d) (rent due under new tenancy to disregard...

    12. SCHEDULE 12

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. 1.(1) Where, immediately before 15th June 1990, the authority conferred...

      2. 2.(1) Where, notwithstanding sections 23 and 24 of the Licensing...

      3. 3.The provisions in this Schedule shall have effect without prejudice...

    13. SCHEDULE 13

      REPEALS

  10. Explanatory Note

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