The Licensing (Northern Ireland) Order 1996

Link to law: http://www.legislation.gov.uk/nisi/1996/3158/contents

Introductory Text

PART I INTRODUCTORY

1.Title and commencement
2.Interpretation
2A.Meaning of “indoor arena”

PART II THE GENERAL LICENSING SYSTEM

3.Prohibition on sale of intoxicating liquor without a licence
4.Persons to whom licences may be granted
5.Premises for which licences may be granted
6.Premises for which licences shall not be granted

Grant of licences

7.Grant of licences
8.Grant of licence conditional on alterations being made in premises
9.Provisional grant of licences
10.Preliminary approval of sites and disposal in certain cases
11.Grant of new licence in lieu of existing licence
12.Effect on new licence of suspension of surrendered, or previous, licence
13.Duration of new licences

Renewal of licences

14.Renewal of licences
15.Renewal of licences by a court
16.Power to renew licences out of time
17.Renewal of licences in respect of certain premises
18.Renewal of licence pending grant of new licence
19.Renewal of suspended licences
20.Continuance of licence pending determination of appeal
21.Duration of renewed licence

Transfer of licences

22.Transfer of licences
23.Concurrent transfer and renewal of licences
24.Transfer of suspended licences
25.Appeal from transfer

Temporary continuance of business in certain circumstances

26.Protection orders
27.Supplementary provisions relating to protection orders
28.Temporary continuance of business on death, bankruptcy, etc.
29.Temporary continuance of business in other premises

Occasional licences
30.Occasional licences

Structure, etc., of licensed premises

31.Consent required for certain alterations to premises
32.New licence required on reconstruction of premises

Form, register and proof of licences, etc.

33.Form of licence
34.Register of licences
35.Inspection of register
36.Returns to Department
37.Register of licences to be evidence
38.Proof, etc., of licence

Provisions as to certain acquisitions of licensed premises

39.Provisions as to licences where premises are acquired under statutory powers
40.Temporary occupation of licensed premises for purpose of carrying on business

PART III PERMITTED HOURS

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

The permitted hours

42.General permitted hours
43.Alternative permitted hours for off-sales
44.Orders for additional permitted hours
45.Authorisations for additional permitted hours

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

Extension licences

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

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

PART IV CONDUCT OF LICENSED PREMISES, ETC.

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

50.Restriction as to sale, etc., of intoxicating liquor for consumption off the premises
51.Conditions as to sale, etc., in guest houses and restaurants
52.Places of public entertainment
52A.Indoor arenas
53.International airports
54.Seamen's canteens

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

55.Restrictions on sale of certain kinds of alcohol
56.Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises
57.Penalty for breach of terms of off-licence

Special provision with respect to young persons

58.Young persons prohibited from certain premises
59.Children's certificates
60.Sale, etc., of intoxicating liquor to young persons
60A.Test purchases of alcohol

Preservation of order

61.Drunkenness in licensed premises
62.Procuring drink for drunken person
63.Power to exclude drunken persons, etc., from licensed premises
64.Riotous, disorderly or indecent behaviour in licensed premises
65.Prostitutes not to be allowed to assemble on licensed premises

Miscellaneous

66.Conditions as to delivery of intoxicating liquor
67.Prohibition of consumption, etc., of intoxicating liquor at entertainments
68.Prohibition of consumption, etc., of intoxicating liquor in certain premises
69.Persons found on unlicensed premises, etc.

PART V ENFORCEMENT

70.Production of licence
71.Provision for inspection and rights of entry

Suspension of licences

72.Suspension of licences
73.Suspension of licences on conviction of certain offences
74.Penalty for opening licensed premises during period of suspension
75.Procedure in connection with suspension
76.Appeals against suspension of licence, etc.

PART VI MISCELLANEOUS

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

Indoor arenas
77A.Attachment of conditions to licences for indoor arenas

Wholesale dealers
78.Sales by wholesalers, etc.

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

Vessels, aircraft and trains

80.Licences for non-seagoing vessels
81.Application of Order to certain seagoing vessels and to aircraft and railway passenger vehicles

Legal proceedings

82.Evidence
83.Appeals

Supplemental

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

SCHEDULES

SCHEDULE 1
APPLICATIONS FOR THE GRANT OF LICENCES

PART I GRANT OF LICENCES

1.A person who intends to make an application for the...
2.The notices mentioned in paragraph 1 shall specify the kind...
3.(1) The applicant shall attach to— (a) the notice mentioned...
4.A sub-divisional commander upon whom notice is required by paragraph...
5.Any person having an estate in the premises specified in...
6.A person intending to object under paragraph 4 or 5...
7.A person who intends to make an application for an...

PART II PROVISIONAL GRANT OF LICENCES

8.Part I shall apply in relation to an application for...
9.Article 7(4)(a) to (e)(i) shall apply in relation to an...
10.Where an application for the provisional grant of a licence...

PART III APPLICATION TO HAVE PROVISIONAL GRANT OF LICENCES DECLARED FINAL

11.A person who intends to make an application to have...
12.The notice mentioned in paragraph 11 shall be in such...
13.A sub-divisional commander upon whom notice is required by paragraph...
14.A person intending to object under paragraph 13 shall not...
15.Before or at the hearing of the application to have...

SCHEDULE 2
MEANING OF “SUBSISTING LICENCE”

1.Except in the circumstances mentioned in paragraph 2 or 3,...
2.Notwithstanding anything in paragraph 1, a licence shall be treated...
3.Notwithstanding anything in paragraph 1, a licence shall be treated...

SCHEDULE 3
APPROVAL OF SITES, DISPOSAL OF SITES OR PREMISES AND GRANT OF LICENCES FOR PREMISES ON APPROVED SITES

PART I APPROVAL OF SITES

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

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

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

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

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

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

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

Application of this Part
7.This Part applies where sites in a re-development area or...

Power to dispose of sites or premises
8.The housing authority may dispose of— (a) the approved sites;...

Acquisition of sites or premises by persons dispossessed of licences
9.(1) The housing authority shall serve on every person who...

Disposal of remaining sites or premises, if any
10.(1) Where, after steps have been taken by a housing...

Contracts as to sites
11.A contract for the acquisition from a housing authority of...

Procedure where contract cancelled, etc
12.Where a contract for the acquisition of an estate in...

Transfer of land between housing authorities
13.Where a housing authority disposes of land within a re-development...

PART III EXPENSES

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

SCHEDULE 4
APPLICATIONS FOR THE RENEWAL OF LICENCES

PART I GENERAL PROCEDURE

1.The Department shall, during the month of July in each...
2.The clerk of petty sessions for each petty sessions district...
3.A person who intends to make an application for the...
4.The notices mentioned in paragraph 3 shall specify the kind...
5.A sub-divisional commander upon whom notice is required by paragraph...
6.A person intending to object under paragraph 5 shall not...
7.Before the renewal date, the applicant shall deposit the licence...

PART II PROCEDURE FOR RENEWALS OUT OF TIME
8.Part I shall apply in relation to an application under...

SCHEDULE 5
APPLICATIONS FOR THE TRANSFER OF LICENCES

PART I TRANSFER OF LICENCES

1.A person who intends to make an application for the...
2.The notices mentioned in paragraph 1 shall specify the kind...
3.A sub-divisional commander upon whom notice is required by paragraph...
4.A person intending to object under paragraph 3 shall, not...
5.(1) Before or at the hearing of the application for...

PART II TRANSFER OF LICENCES PROVISIONALLY GRANTED

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

SCHEDULE 6
APPLICATIONS FOR PROTECTION ORDERS AND AUTHORISATIONS OF TEMPORARY CONTINUANCE OF BUSINESSES

1.In this Schedule “application” means an application for—
2.A person who intends to make an application shall, not...
3.The notice mentioned in paragraph 2 shall specify the kind...
4.(1) Where the application is for an order authorising the...
5.The sub-divisional commander upon whom notice is required by paragraph...
6.The court may consider the application, notwithstanding that the procedure...

SCHEDULE 7
APPLICATIONS FOR OCCASIONAL LICENCES

1.In this Schedule “licence” means an occasional licence.
2.A person who intends to make an application for the...
3.Where a person owning, or residing or carrying on business...
4.The notice mentioned in paragraph 2 shall be in such...
5.The sub-divisional commander mentioned in paragraph 2(a), the district council...
6.The court may consider the application, notwithstanding that the procedure...

SCHEDULE 8
APPLICATIONS AND NOTICES UNDER ARTICLE 31

PART I APPLICATIONS FOR CONSENT TO ALTERATIONS

1.In this Part “application” means an application under Article 31(1)(i)....
2.A person who intends to make an application shall, not...
3.The notice mentioned in paragraph 2 shall specify the kind...
4.The applicant shall attach to— (a) the notice mentioned in...
5.The sub-divisional commander upon whom notice is required by paragraph...
6.A person intending to object under paragraph 5 shall, not...

PART II NOTICES OF ALTERATIONS REQUIRED BY AUTHORITIES

7.The notice shall specify the kind of premises to which...
8.(1) The holder of the licence shall attach to the...

SCHEDULE 9
APPLICATIONS UNDER ARTICLE 43, 44, 48 OR 59

1.In this Schedule “application” means an application under Article 43,44,...
2.A person who intends to make an application shall, not...
3.The notice mentioned in paragraph 2 shall specify the kind...
4.The sub-divisional commander mentioned in paragraph 2(a), the district council...
5.A person intending to object under paragraph 4 shall, not...
6.The court may consider the application notwithstanding that the procedure...

SCHEDULE 10
APPLICATIONS FOR EXTENSION LICENCES

1.In this Schedule “licence” means an extension licence.
2.A person who intends to make an application for the...
3.The notice mentioned in paragraph 2 shall be in such...
4.The sub-divisional commander mentioned in paragraph 2(a) and the district...
5.A person intending to object under paragraph 4 shall, not...
6.The court or, as the case may be, the clerk...

Schedule 11—Amendments

SCHEDULE 12
TRANSITIONAL PROVISIONS AND SAVINGS

1.(1) Where, immediately before 15th June 1990, the authority conferred...
2.(1) Where, notwithstanding sections 23 and 24 of the Licensing...
3.The provisions in this Schedule shall have effect without prejudice...

Schedule 13—Repeals
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