Textual Amendments
F1Sch. 2 substituted (16.10.2020 at 10.30 p.m.) by virtue of The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 9) Regulations (Northern Ireland) 2020 (S.R. 2020/224), regs. 1(2), 3(5)
8.—(1) A person responsible for carrying on a business [F2under a licence under the Licensing (Northern Ireland) Order 1996F3 (including an occasional licence) or a private members’ club registered under the Registration of Clubs (Northern Ireland) Order 1996]F4—
(a)must close any premises, or part of premises, in which food or drink (including intoxicating liquor) are consumed on the premises;
(b)must not sell or provide food or drink (including intoxicating liquor) for consumption on its premises; and
(c)may sell or provide food or drink (not including intoxicating liquor) for consumption off the premises in response to orders placed between the hours of 05:00 and 23:00.
[F5(1A) A person (other than a person referred to in sub-paragraph (1)) responsible for carrying on a business which sells or provides food or drink (not including intoxicating liquor) for consumption on the premises—
(a)must not carry out that business during the period ending at 23:59 on 19 November 2020;
(b)must carry out that business only between the hours of 05:00 and 20:00, and outside those hours must close any premises, or part of premises, in which food or drink are consumed;
[F6(ba)must ensure that no more than six persons (not including children aged 12 or under) are seated at any one table (unless those seated at a table comprise a single household), and persons from no more than two households are seated at any one table;]
(c)must not permit the consumption of intoxicating liquor on the premises; and
(d)for the avoidance of doubt, remains subject to the requirements of regulations 4A to 6A.]
(2) A person responsible for carrying on a business which sells food or drink (not including intoxicating liquor) for consumption off the premises may continue to do so only in response to orders placed between the hours of 05:00 and 23:00.
(3) (a) A person responsible for carrying on a business which sells [F7or provides] intoxicating liquor for consumption off the premises (but not a bar, including a bar in a members’ club, or a public house [F8during the period ending at 23:59 on 19 November 2020]) may continue to do so only from 08:00 on Monday to Saturday, and from 10:00 on Sunday, until 20:00 on any day, or in response to orders placed between those hours;
(b)Head (a) shall not apply in an airport.
[F9(c)A person referred to in head (a) may sell or provide, or permit the sale or provision of, intoxicating liquor in accordance with this sub-paragraph only in a manufacturer’s original sealed packaging.]
(4) (a) For the purposes of sub-paragraph (1), food or drink (not including intoxicating liquor) sold by a hotel or a guesthouse as part of a service for residents, whether or not in a restaurant on the premises, is not to be treated as being sold for consumption, or as consumed, on its premises; and
(b)sub-paragraph (1) shall not prevent or prohibit the sale of intoxicating liquor by a hotel or a guesthouse as part of a service for a resident, or the consumption of intoxicating liquor on the premises, provided that the intoxicating liquor is—
(i)consumed only by the resident;
(ii)consumed only within the resident’s accommodation and
(iii)is not delivered to the accommodation in response to an order placed by the resident.
(5) For the purposes of sub-paragraph (1), food or drink (not including intoxicating liquor) sold or provided [F10on a ferry crossing which lasts or is expected to last three hours or more,] in a canteen in a workplace, school, prison, hospital, care home or military establishment is not to be treated as being sold for consumption, or as consumed, on its premises.
(6) For the purposes of sub-paragraph (1), food or drink (including intoxicating liquor) sold or provided in a port, airport or motorway service station F11... is not to be treated as being sold for consumption, or as consumed, on the premises.
(7) For the purposes of sub-paragraph (1), an area adjacent to the premises where seating [F12, tables or other facilities are made available] for customers of the business or members’ club (whether or not by the business or members’ club) is to be treated as part of the premises.]
Textual Amendments
F2Words in Sch. 2 para. 8(1) substituted (13.11.2020 at 6.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 15) Regulations (Northern Ireland) 2020 (S.R. 2020/256), regs. 1(2), 3(5)
F3S.I. 1996 No. 3158 (N.I. 22)
F4S.I. 1996 No. 3159 (N.I. 23)
F5Sch. 2 para. 8(1A) inserted (13.11.2020 at 6.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 15) Regulations (Northern Ireland) 2020 (S.R. 2020/256), regs. 1(2), 3(6)
F6Sch. 2 para. 8(1A)(ba) inserted (19.11.2020 at 8.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 16) Regulations (Northern Ireland) 2020 (S.R. 2020/274), regs. 1(2), 2(5)
F7Words in Sch. 2 para. 8(3) inserted (13.11.2020 at 6.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 15) Regulations (Northern Ireland) 2020 (S.R. 2020/256), regs. 1(2), 3(7)(a)
F8Words in Sch. 2 para. 8(3) inserted (13.11.2020 at 6.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 15) Regulations (Northern Ireland) 2020 (S.R. 2020/256), regs. 1(2), 3(7)(b)
F9Sch. 2 para. 8(3)(c) inserted (13.11.2020 at 6.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 15) Regulations (Northern Ireland) 2020 (S.R. 2020/256), regs. 1(2), 3(7)(c)
F10Words in Sch. 2 para. 8(5) inserted (18.10.2020 at 9.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 10) Regulations (Northern Ireland) 2020 (S.R. 2020/225), regs. 1(2), 2(10)
F11Word in Sch. 2 para. 8(6) omitted (13.11.2020 at 6.30 p.m.) by virtue of The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 15) Regulations (Northern Ireland) 2020 (S.R. 2020/256), regs. 1(2), 3(8)
F12Words in Sch. 2 para. 8(7) substituted (3.11.2020 at 5.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 12) Regulations (Northern Ireland) 2020 (S.R. 2020/239), regs. 1(2), 3(2)