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LICENSING ACT (NORTHERN IRELAND) 1971 LICENSING ACT (NORTHERN IRELAND) 1971 - LONG TITLE An Act to consolidate with amendments the law relating to licences for the sale by retail of intoxicating liquor; and for connected purposes. [27th April 1971] PART I LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 1 1. Except as permitted by this Act, it shall be unlawful for any person to sell intoxicating liquor by retail unless he holds a licence authorising him to do so in the course of a business carried on in premises specified in the licence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 2 Persons to whom licences may be granted. 2.(1) The person to whom a licence is granted (other than a housing authority to whom a licence is granted provisionally) shall be the owner of the business proposed to be carried on under the licence. (2) A licence may be granted to an individual, to a body corporate or to two or more persons carrying on business in partnership. (3) In considering the fitness of a person to hold a licence for any premises, a court shall have regard to (a)his character; (b)his suitability to manage the business which is or is proposed to be carried on under the licence, or the suitability of any person who is or is proposed to be employed by him in that behalf; (c)the extent to which, by virtue of any estate vested in him, he is entitled to possession and control of the premises. (4) In considering the fitness of a body corporate to hold a licence, a court shall also have regard to the character of the directors of the body and any other persons who have executive control of it, as if the licence were, or were proposed to be, held by them jointly. (5) The following persons shall be disqualified for obtaining or holding a licence (a)the holder of a bookmaker's licence granted under Part I of the Betting and Lotteries Act (Northern Ireland) 1957; Para.(b) rep. by 1974 c.39 s.192 sch.5 Pt.II (6) A licence purporting to be held by any person disqualified by subsection (5) for holding a licence shall be void. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 3 Premises for which licences may be granted. 3.(1) Without prejudice to section 79, the premises in which the sale of intoxicating liquor is authorised by a licence shall be premises of one of the following kinds (a)premises in which the only or principal business carried on is the business of selling intoxicating liquor by retail for consumption either in or off the premises; (b)premises in which the only or principal business carried on is the business of selling intoxicating liquor by retail for consumption off the premises; (c)an hotel; (d)a restaurant; (e)a place of public entertainment; (f)a refreshment room in public transport premises; (g)a seamen's canteen. (2) Premises shall not cease to be premises of a kind mentioned in subsection (1)(a) by reason only of the fact that at particular times or on particular occasions the principal business carried on is the business of selling meals or refreshments. (3) Subject to subsection (5), a licence shall not authorise the sale of intoxicating liquor in premises of any kind mentioned in subsection (1)(c) to (g), (a) unless (i)there is being carried on in those premises a business of the type normally carried on in premises of that kind; and (ii)the sale of intoxicating liquor is ancillary to that business; (b)for consumption off the premises. (4) A licence for premises other than an hotel shall be authority for the sale of intoxicating liquor only in the part or parts of the premises delineated in plans kept under section 34(2) by the clerk of petty sessions for the petty sessions district in which the premises are situated as the part or parts of the premises in which such liquor is permitted to be sold. (5) In relation to premises which are an hotel (a)paragraph (a) of subsection (3) shall not apply, where a note such as is mentioned in paragraph 7(1) of Schedule 11 has been made on the licence and recorded in the register of licences in respect of the premises; (b)paragraph (b) of subsection (3) shall not prohibit or restrict the sale of intoxicating liquor for consumption off the premises, where (i)the purchaser is a resident or diner in the premises, or (ii)a note such as is mentioned in paragraph 7(1) of Schedule 11 has been made on the licence and recorded in the register of licences in respect of the premises. Applications for the grant of licences. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 4 4.(1) An application for the grant of a licence shall be made to a county court. (2) The procedure for applications for the grant of licences is set out in Part I of Schedule 1. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 5 Powers of court on applications for licences. 5.(1) Subject to subsection (2), where an application is made for the grant of a licence, the court, after hearing the objections, if any, made under Part I of Schedule 1, (a)if the application was duly made, may grant the licence; or (b)may refuse to grant the licence. (2) Without prejudice to its power to refuse to grant a licence on any ground, a court shall not grant a licence for any premises unless it is satisfied (a)that the applicant is a fit person to hold a licence; and (b)that the premises are of the kind specified in the application and either that they are suitable to be licensed for the sale of intoxicating liquor by retail or if they are not suitable that they will be made suitable in consequence of an order under section 6; and (c)where the premises are of a kind mentioned in section 3(1)(a) or (b) (i)subject to subsection (3), that the number of licensed premises of the kind specified in the application which are in the vicinity of the premises is, and having regard to any licences provisionally granted under section 7 or any sites approved under section 8 will be, inadequate; and (ii)subject to subsection (4), that a subsisting licence for premises of either such kind [, or a subsisting licence in respect of which the note and record mentioned in paragraph 7 of Schedule 11 have been made,] has been surrendered to the clerk of the court or will be so surrendered before the licence is issued; and <(iii)where, under any statutory provision, the applicant is or will be entitled to compensation for the loss of goodwill which attached or attaches to the business carried on under the licence proposed to be surrendered, that he has abandoned his claim to so much of that compensation as is equivalent to the value of any of that goodwill which is likely to be attracted to the business proposed to be carried on under the new licence. (3) [Without prejudice to paragraph 6 of Schedule 3] subsection (2)(c)(i) shall not apply where (a)the subsisting licence which is proposed to be surrendered is for premises to which paragraph 2(a) of Schedule 2 applies and which were or are on the site or in the vicinity of the premises for which the licence is sought; or (b)the site of the premises for which the licence is sought has been approved under section 8 as a site for licensed premises of the kind specified in the application. (4) Subsection (2)(c)(ii) shall not apply (a)where (i)the premises for which the licence is sought are situated in an area designated by an order under section 1 or 47 of the New Towns Act (Northern Ireland) 1965 as the site of a new town or a town to be expanded or developed under that Act; and (ii)if a new town commission have been established for the purposes of the town, an order has not been made under section 33 of that Act for the winding-up of the commission; or (b)where, at any time during the period of five years immediately preceding the date of the application for the licence, a previous licence (including a licence under the statutory provisions repealed by this Act) was in force for the premises for which the licence is sought, as being premises of the kind specified in the application, and has not been surrendered under this Act or any of those statutory provisions or annulled under any of those provisions. (5) Schedule 2 defines the circumstances in which a licence is or is not to be treated as a subsisting licence. (6) Where the court refuses to grant a licence, it shall specify in its order the reasons for its refusal. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 6 Grant of licence conditional on alterations being made in premises. 6.(1) A court which grants a licence may order that, within a period fixed by the order, the holder of the licence (a)shall make such alterations in the licensed premises as may be specified in the order, being alterations which the court thinks necessary (i)to secure the proper conduct of the business carried on under the licence; (ii)to secure compliance with the provisions of section 28 as to the structural arrangement of premises; or <(iii)to secure that no part of any room which is used for the sale or consumption of intoxicating liquor is concealed or screened from observation in such a manner as to obstruct proper supervision; and (b)shall deposit with the clerk of the court a plan of the premises showing the alterations so specified. (2) Notice of any order made under subsection (1) shall be served by the clerk of the court on the person whose name has been notified to the court as the owner of the premises. (3) The period fixed by an order under subsection (1) may be extended by order of a court of summary jurisdiction on the application of the holder of the licence. (4) If the holder of the licence makes default in complying with an order under subsection (1) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100 for every day on which the default continues after the expiration of the period fixed by the order, or any extended period. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 7 Provisional grant of licences. 7.(1) Where premises are about to be constructed, altered or extended or are in the course of construction, alteration or extension, an application may be made to a county court for the provisional grant of a licence for those premises. (2) An application for the provisional grant of a licence may be made by (a)the person who proposes to be the owner of the business to be carried on under the licence after it has been declared final under subsection (7); or (b)a housing authority. (3) The procedure for applications for the provisional grant of licences is set out in Part I of Schedule 1 as modified by Part II of that Schedule. (4) For the purposes of the provisional grant of licences section 5 shall have effect as if (a)any reference to the grant of a licence were a reference to the provisonal grant of a licence; (b)any reference to the premises for which a licence is sought included a reference to proposed premises; (c)the reference to the surrender of a subsisting licence before the licence is issued were a reference to its surrender then or before the licence is declared final; (d)where the application is made by a housing authority, subsection (2)(a) of that section were omitted. (5) A licence which is provisionally granted shall not authorise the sale of intoxicating liquor until the grant of the licence is declared final. (6) At any time before a licence which has been provisionally granted is declared final, a county court may consent to any modification of the plans deposited under Schedule 1 if, in its opinion, the premises, when completed in accordance with the modified plans, will be suitable to be licensed for the sale of intoxicating liquor by retail and, if it does so, shall require a copy of the modified plan to be deposited with the clerk of the court. (7) Where a licence has been granted provisionally for any premises, a county court (a)where the licence was granted to a person such as is mentioned in subsection (2)(a), on the application of the holder of the licence, or (b)where the licence was granted to a housing authority, on the application of a person nominated by the authority who proposes to be the owner of the business to be carried on under the licence in the premises, (i)that the premises have been completed in accordance with the plans deposited under Schedule 1 or in accordance with those plans with modifications consented to under subsection (6), and (ii)where the application is made by a person nominated by a housing authority, that that person is a fit person to hold a licence. (8) The procedure for applications by persons such as are mentioned in subsection (7)(b) to have the provisional grant of licences declared final is set out in Part III of Schedule1. (9) A county court shall not entertain an application made under subsection (7) after the expiration of two years from the date on which the licence was granted provisionally, unless the applicant satisfies the court that there were reasonable grounds for the failure to complete the construction, alteration or extension of the premises within that period. (10) Where the provisional grant of a licence is declared final the [chief clerk] shall note the declaration on the licence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 8 Preliminary approval of sites and disposal in certain cases. 8.(1) A housing authority proposing to develop or redevelop any area of land may apply to the county court with respect to any site in that area for a declaration that the court approves that site as a site for licensed premises of a kind specified in the declaration. (2) The provisions of Schedule 3 shall have effect in connection with applications under subsection (1), the approval of sites, the grant of licences for premises on approved sites and, where the sites are in a re-development area, the disposal of the sites or of premises erected thereon; and the provisions as to expenses in Part IV of that Schedule shall also have effect. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 9 Effect on new licence of suspension of surrendered or previous, licence. 9.(1) Where a suspended licence is surrendered as mentioned in section 5(2)(c)(ii) or 7(4)(c) the court which grants the new licence or declares the provisional grant of the new licence final may direct that the suspension shall be disregarded, except where the holder of the new licence was the holder of the surrendered licence. (2) Where (a)the surrendered licence is suspended and the suspension is not disregarded; or (b)a new licence is granted by virtue of section 5(4)(b) by reason of a previous licence having been in force for the premises and the previous licence would be suspended if it were still in force; (3) For the purpose of subsection (1) a person shall be deemed to be the holder of a licence if he is one of several joint holders or if he is a director of a body corporate which is the holder. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 10 Duration of new licences. 10.(1) Subject to the succeeding provisions of this section, a licence shall, unless suspended, remain in force from the date on which it is granted (or, where under section 9(2) it is expressed to come into force at any later date, from that date) until (a)the expiration of the licensing year in which it is granted, or (b)if it is granted within the three months immediately preceding the expiration of that year, the expiration of the next-following licensing year. (2) Where, at the hearing of an application for the grant of a licence, any person appears before the court and opposes the grant, but the court grants the licence, (a)until the expiry of the time for bringing an appeal against the grant and, if an appeal is brought, until the grant is confirmed or the appeal is abandoned (i)the licence granted shall not come into force, and (ii)the licence, if any, which has been surrendered shall not cease to be in force; (b)if on appeal the grant is confirmed or if the appeal is abandoned, for the purpose of determining the period for which the licence is to be in force the date when the appeal is disposed of shall be substituted for the date on which the licence was granted or for any other date earlier than the first-mentioned date on which the licence is expressed under section 9(2) to come into force, and the [chief clerk] shall (if necessary) amend the licence accordingly; (c)if on appeal the grant is not confirmed, the licence, if any, which has been surrendered shall, unless suspended, continue in force until the expiration of a period of eight weeks after the appeal is determined, if it would have earlier ceased to be in force but for the provisions of this paragraph. (3) Where a licence granted provisionally is at any time declared final, subsections (1) and (2) shall apply as if the licence were granted at that time. (4) Subsection (1) shall not prejudice the operation of subsection (2)(c) and sections 16, 22(b), 23(8) and 25, under which a licence may, or may be deemed to, continue in force after the time when it would otherwise expire. Applications for the renewal of licences. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 11 11.(1) An application for the renewal of a licence shall be made to a court of summary jurisdiction except where the licence is renewed by the clerk of petty sessions under this section. (2) The procedure for applications for the renewal of licences is set out in Part I of Schedule 4. (3) Subject to subsection (4), where notice of an application for the renewal of a licence otherwise than under section 13 or 20 has been served upon the clerk of petty sessions, he may renew the licence as if the application had been made to him and may do so in the absence of the applicant. (4) Where (a)a notice of objection has been served on the clerk and has not been withdrawn; or (b)the application for renewal is made by virtue of section 14 or with respect to a licence to which section 75(4) or section 79(3) applies; or (c)an application is to be made, or an order is in force, under section 29, section 44 or section 45; or (d)the clerk is of the opinion, for any other reason, that an application for the renewal of the licence should be made to the court, (5) Where a licence is renewed, the clerk shall note the renewal on the licence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 12 Powers of court hearing applications for renewal. 12.(1) Subject to subsection (2), where an application for the renewal of a licence is made to a court of summary jurisdiction, the court, after hearing the objections, if any, made under Schedule 4, (a)if the application was duly made, may renew the licence, or (b)may refuse to renew the licence. (2) Without prejudice to its power to refuse to renew a licence on any ground, a court shall not renew a licence for any premises unless it is satisfied (a)that the applicant is a fit person to hold a licence; and (b)subject to section 14(2), (i)that the kind of premises specified in the application is that for which the licence was granted and the premises are of the kind so specified; and (ii)either that the premises are suitable to be licensed for the sale of intoxicating liquor by retail or, if they are not suitable, that they will be made suitable in consequence of an order under subsection (4); and (c)that, having regard to the manner in which the business carried on in the premises under the licence has been conducted since the last previous renewal of the licence (or, where the renewal applied for is the first renewal of the licence, since the licence was granted), it is likely that, if the licence is renewed, the business will be conducted in a peaceable and orderly manner; and (d)subject to section 14(2), that (i)the business carried on in the premises under the licence, and (ii)in the case of premises of a kind mentioned in section 3(1)(c) to (g) other than an hotel in respect of which the note and record mentioned in paragraph 7 of Schedule 11 have been made, the business to which the sale of intoxicating liquor under the licence is ancillary, (d)has not been discontinued. (3) For the purposes of subsection (2)(d)(i) a business shall be deemed not to have been discontinued if its conduct has been interrupted by reason only of the suspension of the licence. (4) Section 6 shall apply on the renewal of a licence as it applies on the grant of a licence with the substitution (a)for any reference to the court granting a licence of a reference to a court renewing a licence; and (b)for the reference in subsection (2) to the person whose name has been notified to the court as the owner of the premises of a reference to the person whose name is recorded in the register of licences as the owner of the premises. (5) Where the court refuses to renew a licence, it shall specify in its order the reasons for its refusal. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 13 Power to renew licences out of time. 13.(1) Where the holder of a licence which falls to expire at the end of a licensing year fails to serve due notice of an application for its renewal before the renewal date in that year a court of summary jurisdiction, upon application for the renewal of the licence being duly made not later than the end of the next following licensing year, may renew the licence (a)if it is satisfied that there was good reason for the failure, or (b)upon the payment of an additional fee of #10, or such greater amount as may be prescribed by magistrates' courts rules, for each month or part of a month between the renewal date and the time when application is duly made under this section for the renewal of the licence. (2) The procedure for applications under this section for the renewal of licences is set out in Part I of Schedule 4 as modified by Part II of that Schedule. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 14 Renewal of licence pending grant of new licence. 14.(1) Where (a)the premises specified in a licence are premises such as are mentioned in sub-paragraph (a) of paragraph 2 of Schedule 2 and sub-paragraph (b) of that paragraph (where applicable) applies; and (b)an order is not in force under section 26 authorising the temporary continuance in other premises of the business authorised to be carried on under the licence, (2) For the purposes of an application for renewal under subsection (1), section 12 shall have effect as if paragraphs (b) and (d) of subsection (2) were omitted. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 15 Renewal of suspended licences. 15. The renewal of a suspended licence shall not affect the suspension. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 16 Continuance of licence pending determination of appeal. 16. Where a court refuses to renew a licence and the holder of the licence appeals, the licence shall, unless suspended, continue in force until the appeal is determined or abandoned. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 17 Duration of renewed licence. 17.(1) Subject to subsection (2), on the renewal of a licence it shall, unless suspended, remain in force until (a)if it is renewed within the three months immediately preceding the expiration of the then current licensing year, the expiration of the next following licensing year, or (b)in any other case, the expiration of the then current licensing year. (2) Subsection (1) shall not prejudice the operation of sections 10(2)(c), 16, 22(b), 23(8) and 25, under which a licence may, or may be deemed to, continue in force after the time when it would otherwise expire. Application for the transfer of licences. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 18 18.(1) An application for the transfer of a licence shall be made to a court of summary jurisdiction. (2) The application may be made by the person who proposes to, or has, become the owner of the business of selling intoxicating liquor by retail in the licensed premises. (3) This section shall apply in relation to the transfer of a licence provisionally granted as if the reference in subsection (2) to the business of selling intoxicating liquor by retail in the licensed premises were a reference to that business as proposed to be carried on in those premises after the licence has been declared final. (4) The procedure for applications for the transfer of, respectively, licences and licences provisionally granted is set out in Parts I and II of Schedule 5. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 19 Powers of court on applications for transfer. 19.(1) Subject to subsection (2), where an application is made for the transfer of a licence the court, after hearing the objections, if any, made under Schedule 5, (a)if the application was duly made, may transfer the licence; or (b)may refuse to transfer the licence. (2) Without prejudice to its power to refuse to transfer a licence on any ground, a court shall not transfer a licence for any premises unless it is satisfied (a)that the applicant is a fit person to hold a licence; and (b)subject to subsection (3), that (i)the business carried on in the premises under the licence, and (ii)in the case of premises of a kind mentioned in section 3(1)(c) to (g) other than an hotel in respect of which the note and record mentioned in paragraph 7 of Schedule 11 have been made, the business to which the sale of intoxicating liquor under the licence is ancillary, (b)has not been discontinued. (3) Subsection (2)(b) shall not apply to the transfer of a licence which is provisionally granted. (4) For the purposes of subsection (2)(b)(i) a business shall be deemed not to have been discontinued if its conduct has been interrupted by reason only of the suspension of the licence. (5) Where the licence is transferred, the clerk of petty sessions shall note the transfer on the licence. (6) Where the court refuses to transfer a licence, it shall specify in its order the reasons for its refusal. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 20 Concurrent transfer and renewal of licences. 20.(1) Where a person applies for a transfer of a licence the holder of which has not applied for a renewal thereof, the court on the application of that person may renew the licence before transferring it to him. (2) A court shall not renew a licence on an application under this section unless the application is made (a)within the three months immediately preceding the date on which the licence is due to expire, or (b)not later than the end of the licensing year next following the date on which the licence expired, or (c)during the currency of a protection order. (3) The procedure for applications under this section for the renewal of licences is set out in Part I of Schedule 4 as modified by Part II of that Schedule. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 21 Transfer of suspended licences. 21.(1) Subject to subsection (2), the transfer of a suspended licence shall not affect the suspension. (2) The court which transfers a suspended licence may terminate the suspension or may substitute for the remainder of the period of suspension any lesser period. (3) For the purposes of this section the suspension of a protection order made in connection with a licence shall be deemed to be a suspension of the licence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 22 Appeal from transfer. 22. Where, at the hearing of an application for the transfer of a licence, any person appears before the court and opposes the transfer, but the court grants the transfer, (a)the transfer shall not take effect until the expiry of the time for bringing an appeal against the transfer and, if an appeal is brought, until the transfer is confirmed or the appeal is abandoned; (b)if on appeal the transfer is not confirmed, the licence shall, unless suspended, continue in force until the expiration of a period of eight weeks after the appeal is determined, if it would have earlier ceased to be in force but for the provisions of this paragraph. Protection orders. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 23 23.(1) A person who proposes to apply for the transfer of a licence or for the concurrent transfer and renewal of a licence may apply to a court of summary jurisdiction for an order (in this Act referred to as a "protection order") authorising him to carry on business under the licence until an application for the transfer, or transfer and renewal, of the licence can be brought before a court. (2) Where the holder of a licence dies and he has no personal representative or his personal representative is unwilling or unable to act, a person who is entitled in consequence of the holder's death to a beneficial interest in the business may apply to a court of summary jurisdiction for a protection order. (3) Where the holder of a licence has become incapable through illness or other infirmity of carrying on the business authorised by the licence, a person who proposes to carry on the business on his behalf may apply to a court of summary jurisdiction for a protection order. (4) The procedure for applications for protection orders is set out in Schedule 6. (5) Where an application is made for a protection order the court, if it is satisfied (a)that the application was duly made; and (b)that the applicant is, or that there are reasonable grounds for believing that he may be, a person or one of several persons to whom it could transfer the licence or a person such as is mentioned in subsection (2) or (3), (6) The authority conferred by a protection order in respect of any premises shall be the same as that conferred by the licence in force (or last in force) for those premises, and, while the order is in force, the provisions of this Act (other than those relating to the renewal or transfer of licences and the foregoing provisions of this section) shall apply as if the person to whom the order is granted were the holder of that licence. (7) Without prejudice to the generality of subsection (6), a protection order may be suspended as if it were a licence and shall be deemed to be suspended during any period when the licence is suspended. (8) A licence in connection with which a protection order is in force shall be deemed to continue in force for such period as the protection order remains in force. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 24 Supplementary provisions relating to protection orders. 24.(1) A protection order shall, unless suspended, remain in force (a)for a period of six months or such shorter period as may be specified in the order; and (b)where an application for the transfer of the licence is made but not finally disposed of within that period, until the time when the application (including any appeal) is finally disposed of or, where the transfer is not granted, until the expiration of a period of eight weeks after that time; (i)on the transfer of the licence; or (ii)on the making of a further protection order under subsection (3); or (iii)on its revocation by a court of summary jurisdiction on application by either the holder of the licence or the holder of the protection order; or (iv)on the surrender of the licence. (2) Where a protection order has been made on an application under section 23(3), a court of summary jurisdiction may, on application by the person in whose favour the order was made, make such further protection order or orders as it thinks fit. (3) A protection order may be made to supersede a previous protection order, if the court is satisfied that the person in whose favour the previous order was made (a)will be unable to apply for a transfer before the expiration of that order; or (b)consents to that order's being superseded; or (c)no longer proposes to apply for a transfer of the licence or is not qualified to do so; or (d)is unable to carry on business under that order. (4) Where the court makes a protection order the clerk of petty sessions shall note the order on the licence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 25 Temporary continuance of business on death, bankruptcy etc. 25.(1) Where at any time (a)the holder of a licence dies or is adjudged bankrupt, or his business becomes vested in the official assignee (whether before or after his death) without his being so adjudged or becomes vested in a trustee under a deed of arrangement with his creditors, or a receiver of his property or a committee or guardian is appointed with power to manage the business carried on under the licence; or (b)in the case of a body corporate which is the holder of a licence, a winding-up is commenced or a receiver is appointed as aforesaid, (2) Where the holder of a licence dies and he has no personal representative or his personal representative is unwilling or unable to act, the licence shall, unless suspended, continue in force for the benefit of any person entitled in consequence of his death to a beneficial interest in the business until (a)the expiration of a period of two months from the date of his death; or (b)a protection order is made; or (c)subsection (1) becomes applicable by reason of the appointment of a personal representative, (3) The authority conferred on any person by virtue of subsection (1) or (2) to carry on a business in licensed premises shall be suspended on the expiration of the period of two weeks from the date when he commenced to carry on the business unless during that period he has served notice that he is carrying on the business by virtue of that subsection (and, if he is carrying it on by virtue of subsection (1), the capacity in which he is doing so) upon (a)the clerk of petty sessions for the petty sessions district; and (b)the divisional commander of the police division, Temporary continuance of business in other premises. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 26 26.(1) Where by reason of any circumstance such as is mentioned in paragraph 2(a)(i) or (iii) to (vi) of Schedule 2, the holder of a licence which is in force for any premises (in this section referred to as "the original premises") is unable to carry on business under the licence in the premises, a court of summary jurisdiction may, on an application duly made by him, make an order authorising the continuance of the business in (a)temporary premises erected or to be erected wholly or partly within the curtilage, or on the site, of the original premises; or (b)other premises in the vicinity of the original premises or their site, (2) A court shall not make an order under subsection (1) unless it is satisfied (a)that the premises in which the business is proposed to be carried on are adequate for the conduct of the business and will continue to be adequate during the period of the order; and (b)that the applicant either (i)proposes to resume business under the licence in the original premises within a reasonable period (if section 32 does not apply), or (ii)has made an application for a new licence for those or other premises, or proposes to do so within a reasonable period. (3) An application under this section shall be made to a court of summary jurisdiction for the petty sessions district in which the premises in which the business is sought to be continued are situated. (4) The procedure for applications for orders under subsection (1) is set out in Schedule 6. (5) Where an order has been made under subsection (1), a court of summary jurisdiction may, on application by the holder of the licence, make such further order or orders under that subsection as it thinks fit. (6) The temporary continuance of a business under this section shall cease (a)at the end of the period specified in an order or a further order made under subsection (1); or (b)when the holder of the licence resumes the business in the original premises or premises for which a new licence is granted, (7) Where under this section a court authorises the temporary continuance of a business in any premises (a)those premises shall be deemed to be the licensed premises; (b)for the purposes of the renewal of the licence section 12(2)(b) shall have effect as if sub-paragraph (ii) were omitted. Occasional licences. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 27 27.(1) A court of summary jurisdiction may, on an application duly made by a person who is the holder of a licence for premises of a kind mentioned in section 3(1)(a), grant a licence (in this Act referred to as "an occasional licence") authorising that person to sell intoxicating liquor by retail (a)at such place, other than those premises, and (b)during such period not exceeding six days at any one time, and (c)between such hours, (2) An application under this section may be made to any court of summary jurisdiction sitting in the county [court division] in which the place for which the occasional licence is sought is situated, or to any such court sitting in an adjoining county [court division] for a petty sessions district which includes that place. (3) The procedure for applications for occasional licences is set out in Schedule 7. (4) The court shall not grant an occasional licence unless it is satisfied that the sale of intoxicating liquor under the licence will be ancillary to a function to which this subsection applies which is to be held at the place and during the period and hours specified in the licence. (5) The functions to which subsection (4) applies are functions of an occasional nature which are organised by any body established for social, charitable or benevolent purposes or for furthering the common interests of persons associated with any trade, profession, educational or cultural activity, game or sport. (6) The days mentioned in subsection (1)(b) may be in the same week or consecutive weeks, but nothing in this section shall permit an occasional licence to authorise the sale of intoxicating liquor on any Sunday, or on Christmas Day or Good Friday, or during any part of the period from half past one in any morning to half past eleven in that morning. (7) An occasional licence shall not authorise the sale of intoxicating liquor for consumption off the place specified in the licence. (8) If the holder of an occasional licence or any servant or agent of his sells intoxicating liquor in contravention of subsection (7), the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (9) Where an occasional licence has been granted in connection with a function at any place, a constable may at any time during the period of the function enter that place for the purpose of ascertaining whether there has been any contravention of any provision of this Act, and if any person, himself or by his servant or agent or any other person acting with his knowledge or consent, fails or unreasonably delays to admit a constable, knowing him to be such, demanding to enter in pursuance of this subsection, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (10) In any proceedings for an offence under subsection (9) the burden of proving that any delay in admitting was reasonable shall lie upon the defendant. (11) An occasional licence granted in connection with a function shall, at any time during the period of the function when intoxicating liquor is sold or made available for purchase at the place specified in the licence, forthwith be produced by the person who is in charge of the sale of intoxicating liquor there for examination by a constable at his request, and if it is not so produced without reasonable excuse the holder of the licence and that person shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #20. (12) In this section "place" includes "premises". Separation of certain licensed premises from other business premises. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 28 28.(1) A business, other than that authorised by the licence and the ancillary businesses mentioned in subsection (2), shall not be carried on in premises of a kind mentioned in section 3(1)(a) or (b). (2) The ancillary businesses are the businesses of (a)selling tobacco, cigarettes, cigars and matches; (b)selling table waters, fruit juices, angostura bitters and confectionery containing intoxicating liquor; (c)selling intoxicating liquor by wholesale; (d)in the case of premises of a kind mentioned in section 3(1)(a) (i)selling meals and refreshments; (ii)providing entertainment. (3) The ancillary businesses shall be carried on in the premises only during the periods when the business authorised by the licence may lawfully be carried on. (4) Subject to subsection (6) premises of a kind mentioned in section 3(1)(a) or (b) shall be so constructed that there is no internal means of passage between them and other premises in which a business is carried on. (5) Where (a)any article is sold or made available for purchase in the course of a business which is carried on in contravention of subsection (1) or (3); or (b)intoxicating liquor is sold or made available for purchase in premises of a kind mentioned in section 3(1)(a) or (b) which do not comply with subsection (4), (6) Subsection (4) shall not prohibit internal means of passage between (a)premises of a kind mentioned in section 3(1)(a) and a restaurant for which a licence is in force, if that means of passage is not open to customers during the periods when the sale or consumption of intoxicating liquor in premises of the said kind is not permitted under this Act; (b)premises of a kind mentioned in section 3(1)(a) or (b) and (i)other premises of either such kind; or (ii)premises in which the only business carried on is the business of selling intoxicating liquor by wholesale. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 29 Suitability of certain premises for functions. 29.(1) A court which grants a licence for premises of a kind mentioned in section 3(1)(a) or declares such a licence to be final or renews such a licence may, upon the application of the person applying for the grant, declaration or renewal, by order specify any part of the premises as being suitable for functions such as are mentioned in section 49(6), if the court (a)is satisfied of that fact; and (b)is also satisfied that (i)that part of premises is structurally adapted and used or intended to be used for the purpose of providing for the accommodation of persons frequenting it substantial refreshment to which the sale of intoxicating liquor is ancillary, and (ii)suitable means of access to that part of the premises, otherwise than through any other part of the premises which is used for the sale of intoxicating liquor, are available for customers. (2) An order under subsection (1) may be revoked by a court of summary jurisdiction on the renewal of the licence (a)at the request of the person applying for the renewal; or (b)if the court is not satisfied of the continuance of the facts mentioned in subsection (1)(a) and (b). LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 30 Restaurant not to contain bar. 30.(1) A restaurant which is licensed for the sale of intoxicating liquor shall not contain a bar. (2) Where intoxicating liquor is sold or made available for purchase in a restaurant which does not comply with subsection (1), the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100, and where this subsection is again contravened within one year after the conviction to a further fine not exceeding #100 for every day subsequent to the day on which he is first convicted of an offence under this subsection on which it is so contravened. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 31 Consent required for certain alterations to premises. 31.(1) An alteration shall not be made to premises for which a licence is in force if the alteration (a)gives increased facilities for drinking in a public or common part of the premises; (b)adds to the premises a public or common part in which intoxicating liquor is sold, or substitutes one such part for another; or (c)conceals from observation a public or common part of the premises in which intoxicating liquor is sold; or (d)affects the means of passage between the public part of the premises where intoxicating liquor is sold and the remainder of the premises or any road or other public place, (i)an application under this section has been made by the holder of the licence to a county court and the court has made an order consenting to the alteration; or (ii)the alteration is required by order of some lawful authority and, before the alteration is made, notice of the requirement is served by the holder of the licence on the clerk of petty sessions for the petty sessions district in which the premises are situated. (2) The procedure for applications under subsection (1)(i) is set out in Part I of Schedule 8, and Part II of that Schedule shall have effect in relation to notices under subsection (1)(ii). (3) If any alteration such as is mentioned in subsection (1) is made to premises otherwise than in accordance with an order of the county court or an order of some lawful authority, a court of summary jurisdiction may order the holder of the licence to restore, as far as is practicable, the premises to their original condition within a period fixed by the order. (4) The period fixed by an order under subsection (3) may be extended by order of a court of summary jurisdiction on the application of the holder of the licence. (5) If subsection (1)(ii) is not complied with, the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #20. (6) If the holder of the licence makes default in complying with an order under subsection (3), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100 for every day on which the default continues after the expiration of the period fixed by the order, or any extended period. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 32 New licence required on reconstruction of premises. 32.(1) Subject to subsections (2) and (3), where licensed premises (in this section referred to as "the original premises") are wholly or substantially destroyed or demolished and are or are to be reconstructed (with or without any extension), the licence for the original premises shall, if duly renewed and not suspended, continue in force to the extent necessary (a)to enable an order to be made under section 26(1) for the temporary continuance of the business in other (including temporary) premises; and (b)to enable the licence to be surrendered as a subsisting licence in consideration of the grant of a new licence; (2) Subsection (1) shall not apply in the case of an hotel where the destruction, demolition or reconstruction does not affect any public or common part of the premises in which intoxicating liquor is sold. (3) Subsection (1) shall not apply to the demolition and reconstruction of part of any premises solely in the course of an alteration which is consented to or required as mentioned in section 31(1) or is ordered to be made as mentioned in section 31(3). Form of licence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 33 33. A licence shall be in such form as may be prescribed by regulations and shall specify (a)the name and address of the holder of the licence; (b)the address of the premises for which it is granted; (c)the kind of premises for which it is granted; (d)the name and address of the owner of the premises; (e)such other matters as may be prescribed by regulations. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 34 Register of licences. 34.(1) Each clerk of petty sessions shall keep a register, in such form as may be prescribed by regulations, of licences granted for premises in the petty sessions district for which he acts as clerk and shall record therein in respect of each licence (a)the matters which under section 33 are required to be specified in the licence; (b)particulars of any renewal or transfer, or the surrender, of the licence; (c)particulars of any protection order and of any notice served under section 25(3); (d)particulars of any order made under section 6(1) or (3), section 29, section 31(1), (3) or (4), section 44 or section 45 in respect of premises specified in the licence and of any requirement in respect of those premises notice of which is served on him under section 31(1)(ii); (e)particulars of any conviction of the licence holder of any offence such as mentioned in section 73(1) and of any order made in consequence of the conviction; (f)particulars of any matters such as are mentioned in subsection (3)(c); (g)such other matters as may be prescribed by regulations. (2) Each clerk of petty sessions shall also keep the plans received by him under subsection (3), section 6(1)(b), paragraph 4 of Schedule 6, paragraph 8 of Schedule 8 and paragraph 6(1) or (3) of Schedule 11, and those plans shall be deemed to be matters which are required to be, and have been, recorded in the register under subsection (1). (3) Where a court (a)on the application of any person grants or provisionally grants a licence, or declares the provisional grant of a licence to be final, or consents to a modification of plans under section 7(6), or makes an order under section 29, section 31(1)(i), section 44 or section 45; or (b)makes an order under section 6; (c)confirms, reverses or varies any decision or determination of any other court relating to a licence or the premises for which a licence is granted; or (d)convicts the holder of a licence of any offence such as is mentioned in section 73(1), (4) A clerk of petty sessions may make such alterations in the register as are necessary to ensure that the matters recorded therein in respect of any licence are accurate. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 35 Inspection of register. 35. A register of licences may, at all reasonable hours, be inspected, and copies of all or any part of any entry in the register taken, (a)without payment, by (i)any member of the Royal Ulster Constabulary; (ii)any officer of customs and excise; <(iii)any officer of a Ministry of Northern Ireland; <(iv)any member or officer of a local or public body, (a)for official purposes; or (b)on payment of such fee as may be prescribed by regulations made with the approval of the Ministry of Finance, by any other person. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 36 Returns to Ministry. 36. The clerk of petty sessions for any petty sessions district, in respect of each such period as may be specified by the Ministry of Home Affairs, shall send to the Ministry a statement showing (a)the number of licences granted for premises in that district of each of the kinds mentioned in section 3(1)(a) to (g); (b)the number of licences so granted which have been renewed or transferred; (c)the number of protection orders so granted; (d)the number of occasional licences granted by a court of summary jurisdiction sitting in that district; (e)the number of licences for premises in that district which have been suspended; Register of licences to be evidence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 37 37.(1) A register of licences shall be received in evidence of the matters required by or under this Act to be recorded in it, and any document purporting to be certified by a clerk of petty sessions to be a true copy of an entry in the register of licences kept by him shall be received in evidence of any such matters contained in the entry. (2) On an application for the grant, provisional grant, renewal, or transfer of a licence or for a protection order the court shall have regard to the entries, if any, in the register of licences relating to the person by whom, or the premises in respect of which, the application is made. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 38 Proof, etc., of licence. 38.(1) A document purporting to be a licence and to be signed by the clerk of the court by which the licence was granted shall be received in evidence. (2) A document which has been issued by the clerk of petty sessions for the petty sessions district in which the premises for which a licence was granted are situated and certified by him to contain a true copy of the particulars recorded in the register of licences in respect of that licence shall be treated for the purposes of this Act as the licence. (3) The clerk of petty sessions may issue a document under subsection (2) where he is satisfied that the licence has been lost or destroyed. Provisions as to licences where premises are acquired under statutory powers. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 39 39.(1) A vesting order made in exercise of powers under any enactment to acquire land compulsorily does not operate, where the land being acquired includes an estate in premises for which a licence is in force, to vest that licence, or a right to apply for the transfer of that licence, in the acquiring authority. Subs.(2) rep. by 1976 NI 25 art.80(4) sch.6 Pt.II LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 40 Temporary ocupation of licensed premises for purpose of carrying on business. 40.(1) Where an estate in premises for which a licence is in force is acquired (whether by agreement or otherwise) by an authority who have powers under any enactment to acquire land compulsorily, the authority, without prejudice to their powers under any enactment other than this section, may, for the purpose of enabling the holder of the licence to carry on in those premises business under the licence or any other business to which that business is ancillary until actual possession of the premises is required by the authority, grant to the holder of the licence a right to occupy the premises upon such terms and subject to such conditions as the authority may determine and such right to occupy may be granted so as to operate retrospectively from the date of the acquisition of the premises. (2) Until a right to occupy the premises is granted under subsection (1) by the acquiring authority or, where the acquiring authority do not propose to grant any such right, until such date as that authority may determine, the holder of the licence shall be deemed for the purposes of section 2(3) to have retained the estate which he held in those premises immediately before the acquisition by the authority. Subs.(3) rep. by 1976 NI 25 art.80(4) sch.6 Pt.II (4) The expiration of any right to occupy granted under subsection (1) or of any estate deemed to have been retained under subsection (2) shall not be treated as an expiration of a tenancy for the purpose of paragraph 2(a)(ii) of Schedule 2. Prohibition of sale, etc., of intoxicating liquor outside permitted hours. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 41 41.(1) Except as permitted by or under this Act, a person shall not (a)himself or by his servant or agent (i)sell intoxicating liquor in licensed premises, or (ii)permit the consumption of intoxicating liquor in licensed premises; or (b)purchase intoxicating liquor in licensed premises; or (c)consume intoxicating liquor in licensed premises; or (d)take intoxicating liquor from licensed premises, (2) Any person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. General permitted hours. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 42 42. Subject to the succeeding provisions of this Part, the permitted hours are the hours (a)on week days, other than Good Friday or Christmas Day, from half past eleven in the morning to eleven in the evening; and (b)on Good Friday from five in the afternoon to eleven in the evening. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 43 Permitted hours in hotels and restaurants on Sunday and Christmas Day. 43. In addition to the hours mentioned in section 42, the permitted hours for an hotel or restaurant include the hours (a)on Sunday (not being Christmas Day) from half past twelve in the afternoon to ten in the evening with a break of four and a half hours beginning at half past two in the afternoon; and (b)on Christmas Day from half past twelve in the afternoon to ten in the evening. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 44 Alternative permitted hours for off-sales. 44.(1) A court which grants a licence or declares a licence provisionally granted to be final or renews a licence may, upon the application of the person applying for the grant, declaration or renewal, by order direct that (a)where the licence is for premises of a kind mentioned in section 3(1)(a), the permitted hours for a part of the premises for which the court imposes a condition under subsection (2); or (b)where the licence is for premises of a kind mentioned in section 3(1)(b), the permitted hours for the premises, (2) Where a court which grants or renews a licence for premises of a kind mentioned in section 3(1)(a) or declares a licence provisionally granted for such premises to be final is satisfied (a)that a specified part of the premises is structurally adapted for the sale of intoxicating liquor for consumption off the premises, and (b)that the specified part is not connected by any internal means of passage open to customers with a part of the premises used for the sale of intoxicating liquor for consumption in the premises, (3) An order under subsection (1) and the condition, if any, inserted under subsection (2) may be revoked by a court of summary jurisdiction on the renewal of the licence (a)at the request of the person applying for the renewal, or (b)where the order was made under subsection (1)(a), if the court is not satisfied that the condition mentioned in subsection (2) has been, and the requirements of paragraphs (a) and (b) of that subsection have continued to be, complied with. (4) In this section "alternative permitted hours" means the hours on week days, other than Christmas Day, between half-past nine in the morning and nine in the evening. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 45 Additional permitted hours in hotels or restaurants providing entertainment. 45.(1) Subject to the provisions of this section, a court which grants a licence for an hotel or a restaurant or declares such a licence to be final or renews such a licence may, upon the application of the person applying for the grant, declaration or renewal, by order direct that (a)on such days during such period not exceeding one year; and (b)in such part or parts of the hotel or restaurant; (2) A court shall not make an order under subsection (1) unless it is satisfied (a)that each part of the hotel or restaurant specified in the order is structurally adapted and used or intended to be used for the purpose of habitually providing during the period specified in the order, for the accommodation of persons frequenting it, musical or other entertainment as well as substantial refreshment, and the sale of intoxicating liquor is ancillary to that refreshment and entertainment; and (b)if such an order was in force with respect to the hotel or restaurant for any period during the preceding year, that throughout that period (i)the requirements of paragraph (a) and the condition mentioned in subsection (3) (if applicable) were complied with, and (ii)the business was conducted during the hours mentioned in subsection (1) and any period immediately following their termination in such a manner as not to cause undue inconvenience to persons residing in the vicinity of the hotel or restaurant. (3) Where a court makes an order under subsection (1) in relation to an hotel it shall insert in the licence for the hotel a condition that the specified part or parts of the hotel shall not be used for the sale of intoxicating liquor for consumption off the premises during the hours from eleven in the evening of any day specified in the order to half-past one in the morning of the day next following. (4) Where upon complaint made under Part IX of the Magistrates' Courts Act (Northern Ireland) 1964, a court of summary jurisdiction is satisfied that the business carried on in premises to which an order under subsection (1) applies is being conducted during the hours mentioned in that subsection or any period immediately following their termination in such a manner as to cause undue inconvenience to persons residing in the vicinity of the premises, the court may (a)revoke the order and the condition mentioned in subsection (3) (if applicable), or (b)modify the order or, in relation to the order and any such condition, the hours mentioned in subsection (1), or (c)make the continuance of the order subject to such terms and conditions as the court thinks fit. (5) Nothing in this section shall permit an order to authorise the sale of intoxicating liquor on any Sunday, or on Christmas Day or Good Friday, or to a person admitted to the premises after one in the morning or, where the entertainment is due to end before half-past one in the morning, less than half an hour before the entertainment is due to end. (6) In this section "entertainment" does not include any form of entertainment given otherwise than by persons actually present and performing, and no part of an hotel or restaurant shall be treated for the purposes of this section as used or intended to be used for the purpose of habitually providing refreshment and entertainment during any period unless it is used or intended to be used for the purpose of providing them after, and for a substantial period preceding, the end of the general permitted hours mentioned in section 42 on every weekday during that period or on particular weekdays in every week during that period, any break for a period or periods not exceeding two weeks in any three sucessive months, or on any special occasion, or by any reason of any emergency being disregarded. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 46 Permitted hours for places of public entertainment. 46. The permitted hours for a place of public entertainment are that part of the hours mentioned in section 42 which comprises (a)the period of an entertainment; and (b)periods, not exceeding thirty minutes in each case, which immediately precede the commencement and immediately succeed the termination of an entertainment. Exceptions for residents in hotels, etc., and deliveries. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 47 47. The foregoing provisions of this Part shall not prohibit or restrict the doing of any of the following things outside the permitted hours (a)the selling of intoxicating liquor to a resident in an hotel, or the taking of it by him from the hotel, or the consumption or permitting consumption of it in the hotel by him or his guests; (b)the dispatch, in a vehicle or receptacle, by the holder of a licence for premises which are either of a kind mentioned in section 3(1)(a) or (b) or an hotel to which section 3(5)(b)(ii) applies, of intoxicating liquor sold by him for delivery and consumption off the premises. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 48 Consumption or removal after permitted hours of liquor bought during those hours. 48. Where intoxicating liquor is sold in licensed premises during the permitted hours, the foregoing provisions of this Part shall not prohibit (a)during the first thirty minutes after the conclusion of the permitted hours or in an hotel or restaurant on a Sunday during the first thirty minutes after the beginning of the afternoon break, except where the premises are of a kind mentioned in section 3(1)(b), the consumption or permitting consumption of the liquor in the premises; (b)during the first thirty minutes after the conclusion of the permitted hours, the taking of the liquor from the premises in a sealed container, if the premises are (i)of a kind mentioned in section 3(1)(a) (except where the liquor is taken from a part of the premises with respect to which an order under section 44 applying the alternative permitted hours is in force); or (ii)an hotel (except where the liquor was sold in contravention of section 3(3)(b) or 57(2)(a) or of a condition inserted in the licence under section 45(3)). Extension licenses for sale, etc., of liquor in certain premises outside permitted hours. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 49 49.(1) A court of summary jurisdiction, or a clerk of petty sessions acting under subsection (3), may, on an application duly made by a person who is the holder of a licence for premises which are or include premises to which this section applies, grant a licence (in this Act referred to as "an extension licence") authorising that person to sell intoxicating liquor by retail (a)in such part or parts of the premises to which this section applies, and (b)between such hours, (2) The procedure for applications for extension licences is set out in Schedule 9. (3) Subject to subsection (4), where notice of an application for an extension licence has been served upon the clerk of petty sessions, he may grant the extension licence as if the application had been made to him 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 the extension licence should be made to the court, (5) An extension licence shall not be granted unless the clerk of petty sessions, or, if application is required to be made to a court, the court, is satisfied that the sale of intoxicating liquor under the licence will be ancillary to a function to which this subsection applies which is to be held in the premises to which this section applies during the hours specified in the licence. (6) The functions to which subsection (5) applies are (a)functions organised by any body established for social, charitable or benevolent purposes or for furthering the common interests of persons associated with any trade, profession, educational or cultural activity, game or sport; (b)functions (not exceeding six in number in any year) organised by the licence holder. (7) Nothing in this section shall permit an extension licence to authorise the sale of intoxicating liquor on any Sunday, or on Christmas Day or Good Friday, or during any part of the period from half-past one in any morning to half-past eleven in that morning. (8) An extension licence shall not authorise the sale of intoxicating liquor for consumption off the part or parts of the premises specified in the licence. (9) If the holder of an extension licence or any servant or agent of his sells intoxicating liquor in contravention of subsection (8), the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (10) Where an extension licence is in force in connection with a function, section 41 shall not prohibit (a)the purchase by persons lawfully attending the function of intoxicating liquor during the hours specified in the licence; or (b)the consumption by those persons, or permitting their consumption, of intoxicating liquor during those hours and the first thirty minutes after the conclusion of those hours, (11) An extension licence granted in connection with a function in any premises shall, at any time during the period of the function when intoxicating liquor is sold or made available for purchase or being consumed in the premises, forthwith be produced by the person who is in charge of the sale of intoxicating liquor there for examination by a constable at his request, and if it is not so produced without reasonable excuse the holder of the licence and that person shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #20. (12) The premises to which this section applies are (a)an hotel; (b)a restaurant; (c)any part of premises of a kind mentioned in section 3(1)(a) for which an order under section 29 is in force. Persons found on licensed premises outside permitted hours, etc. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 50 50.(1) Where a person is found on licensed premises outside the permitted hours or any period such as is mentioned in section 48, (a)he shall, unless he proves that he is there for a lawful purpose, be guilty of an offence; and (b)the holder of the licence if, himself or by his servant or agent, he permits that person to be there and does not prove that he is there for a lawful purpose shall be guilty of an offence; (2) Where, on being asked by a constable for his name and address, a person found on licensed premises outside the permitted hours or such a period as aforesaid (a)refuses to give them; or (b)gives a false name or address; or (c)refuses to answer satisfactorily any question put to him to ascertain the correctness of the name or address given, (3) A constable may arrest without warrant any person whom he with reasonable cause suspects of having committed an offence under subsection (2). LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 51 Power of Minister to vary hours in certain circumstances. 51. Where it appears to the Minister of Home Affairs that it is expedient for the preservation of public order that the permitted hours should be restricted or there should be no permitted hours, he may by order direct that in such place or places as may be specified in the order and on such day or days, not exceeding three in number, and in premises of such kind or kinds as may be so specified the permitted hours shall be the hours so specified or there shall be no permitted hours. Penalty for selling, etc., intoxicating liquor without a licence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 52 52.(1) Any person who, himself or by his servant or agent, (a)where he is not the holder of a licence, sells intoxicating liquor by retail or makes it available for purchase by retail; or (b)where he is the holder of a licence, either sells intoxicating liquor by retail or makes it available for purchase by retail in any premises or place where he is not authorised under this Act to sell such liquor by retail, (2) Where intoxicating liquor is sold or made available for purchase in any premises in contravention of this section, every occupier of the premises who is proved to have had knowledge of or consented to the contravention shall be guilty of an offence under this section. (3) Without prejudice to section 79, for the purposes of this section a vessel shall be deemed to be premises and subsection (2) shall apply to the master of a vessel as it applies to the occupier of premises. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 53 Restrictions on sale of certain kinds of alcohol. 53.(1) A person shall not, himself or by his servant or agent, sell, make available for purchase or supply in any licensed premises any liquor which consists of or is mixed with any alcohol of a kind other than ethyl alcohol. (2) Any person acting in contravention of subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #200 or to imprisonment for a term not exceeding six months or both. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 54 Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises. 54.(1) Where part or parts of any premises (other than premises of a kind mentioned in section 3(1)(b) or (c)) are licensed premises the holder of the licence, himself or by his servant or agent, shall not permit any other person to consume intoxicating liquor in any other part of the premises. (2) If subsection (1) is contravened the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (3) Where the holder of a licence is charged with an offence under this section it shall be a defence to prove (a)that the liquor was supplied by the person in charge of the business carried on under the licence at the expense of the holder or that person; and (b)that it was consumed by either (i)the holder of the licence or that person, or his guests; or (ii)persons employed in the premises for the purposes of the business carried on under the licence; and (c)that it was consumed in a part of the premises to which the public do not have access. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 55 Penalty for breach of terms of off-licence. 55.(1) Where, having purchased intoxicating liquor from the holder of an off-licence or his servant or agent, a person consumes the liquor (a)in the licensed premises; or (b)in premises which adjoin or are near the licensed premises and which belong to the holder of the licence or are under his control or used by his permission, (2) If the holder of an off-licence, himself or by his servant or agent, with intent to evade the terms of the licence takes any intoxicating liquor from the licensed premises for the purpose of its being sold on his account or for his benefit or profit, he shall be guilty of an offence. (3) A person guilty of an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding #100. (4) For the purposes of subsection (2), if liquor is taken for the purpose of its being consumed in any premises or place belonging to the holder of the licence, or used or occupied by him, the burden of proving that he did not intend to evade the terms of the licence shall lie upon him. (5) In this section "off-licence" means a licence for premises of a kind mentioned in section 3(1)(b). LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 56 Selling, etc., intoxicating liquor contrary to conditions applicabe to certain licences. 56. Where any person who is the holder of a licence for premises of a kind mentioned in section 3(1)(c) to (g), himself or by his servant or agent, either sells intoxicating liquor or makes it avaliable for purchase in those premises otherwise than in compliance with the conditions set out in section 3(3) which relate to premises of that kind, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100 and where this section is again contravened within one year after the conviction to a further fine not exceeding #100 for every day subsequent to the day on which he is first convicted of an offence under this section on which it is so contravened. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 57 Conditions as to sale, etc., of intoxicating liquor in hotels on Sunday or Christmas Day and in restaurants. 57.(1) Subject to subsection (4), where an hotel or a restaurant is licensed for the sale of intoxicating liquor, the holder of the licence shall not, himself or by his servant or agent, sell such liquor to, or make it available for purchase by, any person or permit it to be consumed by any person (a)in the hotel on Sunday or Christmas Day, or (b)in the restaurant on any day, (2) The conditions mentioned in subsection (1) are that (a)the intoxicating liquor is sold for consumption and is consumed (i)as an ancillary to a main table meal; and (ii)in a part of the hotel or restaurant set apart for the service of such meals or for the service of intoxicating liquor and other beverages to diners before or after such meals, no such part being, in the case of an hotel, a part containing a bar; and (b)suitable beverages other than intoxicating liquor (including drinking water) are also made available for consumption. (3) Any person acting in contravention of subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (4) Subsection (1) shall not prohibit or restrict the selling of intoxicating liquor to a resident in an hotel, or the consumption or permitting the consumption of it in the hotel by him or his guests. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 58 Places of public entertainment. 58.(1) Where a place of public entertainment of any description is licensed for the sale of intoxicating liquor, such liquor shall not be sold or made available for purchase there, except where (a)it is sold to, or made available for purchase by, persons employed or attending an entertainment in the premises, and (b)other beverages and food are also made available for purchase, and (c)any conditions prescribed by regulations applying to places of public entertainment of that description are observed. (2) If subsection (1) is contravened the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 59 Seamen's canteens. 59.(1) Where a seamen's canteen is licensed for the sale of intoxicating liquor, such liquor shall not be sold or made available for purchase there, except where (a)it is sold to, or made available for purchase by, persons who are entitled to use the canteen under rules in force under section 75; and (b)other beverages and food are also made available for purchase. (2) If subsection (1) is contravened the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 60 Conditions as to delivery of intoxicating liquor. 60.(1) A person shall not, himself or by his servant or agent, (a)deliver in pursuance of a sale any intoxicating liquor from any vehicle or receptacle unless the quantity, description and price of the liquor and the name and address of the person to whom it is to be delivered had been entered before the liquor was dispatched (i)in a day book kept on the premises from which the liquor was dispatched; and (ii)in a delivery book or invoice, carried by the person delivering the liquor; or (b)carry in any vehicle or receptacle, while in use for the delivery of intoxicating liquor in pursuance of a sale, any liquor for which there is no entry in any such day book and delivery book or invoice; or (c)deliver any intoxicating liquor in pursuance of a sale at any address not entered in any such day book and delivery book or invoice; or (d)refuse to allow a constable to examine any such vehicle or receptacle or any such day book or delivery book or invoice. (2) Any person acting in contravention of subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (3) In any proceedings against the holder of a licence for an offence under this section committed by his servant or agent it shall be a defence for him to prove (a)that the commission of the offence was due to some cause beyond his control, and (b)that he took all reasonable precautions and exercised due diligence to avoid the commission of such an offence. Minors prohibited from bars. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 61 61.(1) During the permitted hours a minor shall not be in any part of licensed premises which (a)contains a bar; or (b)is used exclusively or mainly for the sale and consumption of intoxicating liquor. (2) The holder of a licence himself or by his servant or agent, or such a servant or agent, shall not allow a minor to be in any part of the licensed premises as mentioned in subsection (1) during the permitted hours. (3) A person shall not cause or procure any minor to go to, or to be in, any part of licensed premises as mentioned in subsection (1) during the permitted hours. (4) Any person acting in contravention of subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on summary conviction (a)for a contravention of subsection (1), to a fine not exceeding #20; (b)for a contravention of subsection (2) or (3), to a fine not exceeding #100. (5) In any proceedings for an offence by reason of a contravention of subsection (2) it shall be a defence (a)for the holder of the licence to prove that he took all reasonable precautions and used due diligence to avoid the commission of such an offence; or (b)for the holder of the licence or his servant or agent to prove that he had good reason to believe that the minor was of full age. (6) Where a minor represents himself to be of full age for the purpose of being in any part of licensed premises as mentioned in subsection (1) during the permitted hours, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #20. (7) Nothing in this section shall apply with respect to a minor who is (a)a child of the licence holder; or (b)a ... person who has attained the age which is the upper limit of compulsory school age and is apprenticed to the holder of the licence under a contract in writing; or (c)resident in the licensed premises, but not employed there; or (d)in a part of licensed premises as mentioned in subsection (1) solely for the purposes of passing to or from some other part of the premises which is not such a part as aforesaid and to or from which there is no other convenient means of access; or (e)in a refreshment room in public transport premises or in a room constructed, fitted and intended to be used for any purpose to which the holding of a licence is ancillary. (8) Where a minor who is found in any part of a licensed premises as mentioned in subsection (1) is apprenticed to the holder of the licence, the minor or the holder shall at the request of a constable produce the contract of apprenticeship within seven days of the request to, or in accordance with reasonable directions of, the constable for examination, and if it is not so produced the minor or, as the case may be, the holder shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #20. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 62 Sale, etc., of intoxicating liquor to minors. 62.(1) Subject to subsection (5), the holder of a licence himself or by his servant or agent, or such a servant or agent, shall not (a)sell or deliver intoxicating liquor to a minor; or (b)sell or deliver intoxicating liquor to any person for consumption by a minor in the licensed premises; or (c)knowingly sell or deliver intoxicating liquor to any person for consumption by a minor off the licensed premises; or (d)permit a minor to consume intoxicating liquor (i)in the licensed premises; or (ii)in premises which adjoin or are near the licensed premises and which belong to the holder of the licence or are under his control or used by his permission. (2) A minor shall not (a)purchase intoxicating liquor; or (b)consume intoxicating liquor in any place or premises except premises used only as a private residence. (3) A person shall not purchase intoxicating liquor for delivery to, or consumption by, a minor in any place or premises except premises used only as a private residence or deliver it to, or permit it to be consumed by, him in any such place or premises. (4) Subject to subsection (5), a person shall not send a minor for the purpose of obtaining intoxicating liquor sold or to be sold in licensed premises for consumption off the premises whether the liquor is to be obtained from the licensed premises or other premises from which it is delivered in pursuance of the sale. (5) Subsections (1) and (4) shall not prohibit or restrict (a)the delivery of intoxicating liquor to a minor, where the delivery is made at the residence or working place of the purchaser; (b)the employment, by the holder of a licence, of a minor who is a child of the licence holder or his servant, as a messenger to deliver intoxicating liquor. (6) Any person acting in contravention of subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on summary conviction (a)for a contravention of subsection (1), (3) or (4), to a fine not exceeding #100; (b)for a contravention of subsection (2), to a fine not exceeding #20. (7) In any proceedings against a person for an offence by reason of the contravention of subsection (1) it shall be a defence for him to prove that he had good reason to believe that the minor was of full age. (8) Where a minor represents himself to be of full age for the purpose of obtaining, or being permitted to consume, intoxicating liquor, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #20. Drunkenness in licensed premises. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 63 63.(1) Where the holder of a licence himself or by his servant or agent, or such a servant or agent, (a)permits drunkenness or any disorderly conduct to take place in the licensed premises; or (b)sells intoxicating liquor to a drunken person knowing him to be such, (2) Where any person is found drunk in licensed premises he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #20. (3) Where the holder of a licence or his servant or agent is charged under subsection (1)(a) with permitting drunkenness, and it is proved that any person was drunk in the licensed premises, the burden of proving that the defendant took all reasonable steps to prevent drunkenness in the premises shall lie upon him. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 64 Procuring drink for drunken person. 64.(1) If any person in licensed premises procures intoxicating liquor for consumption by a drunken person he shall be guilty of an offence. (2) If any person aids a drunken person in obtaining or consuming intoxicating liquor in licensed premises he shall be guilty of an offence. (3) If any person without reasonable excuse brings a drunken person into licensed premises he shall be guilty of an offence. (4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding #50. (5) A person shall not be convicted of an offence under this section unless the court is satisfied that he knew or ought to have known the condition of the person in connection with whom the charge is brought. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 65 Power to exclude drunken persons, etc., from licensed premises. 65.(1) Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, the holder of a licence or his servant or agent may refuse to admit to, or may expel from, the licensed premises any person who is drunken, or is acting in a disorderly manner, or whose presence in the licensed premises would subject the holder of the licence to a penalty under this Act or under any other statutory provision. (2) If any person liable to be expelled from licensed premises under this section, when requested by the holder of the licence or his servant or agent or a constable to leave the premises, fails to do so, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #50. (3) A constable shall, on the demand of the holder of a licence or his servant or agent, help to expel from the licensed premises any person liable to be expelled from those premises under this section, and may use such force as may be required for the purpose. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 66 Prostitutes not to be allowed to assemble on licensed premises. 66.(1) Where the holder of a licence himself or by his servant or agent, or such a servant or agent, permits the licensed premises to be the habitual resort or place of meeting of reputed prostitutes, whether the object of their so resorting or meeting is or is not prostitution, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (2) Subsection (1) shall not prohibit any such persons from being permitted to remain in the premises for the purpose of obtaining reasonable refreshment for such time as is necessary for that purpose. Right of police to enter premises. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 67 67.(1) A constable may, at any time, enter (a)licensed premises; or (b)premises which adjoin or are near licensed premises and which belong to the holder of the licence or are under his control or used by his permission, (2) In any proceedings for an offence under this section the burden of proving that any delay in admitting was reasonable shall lie upon the defendant. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 68 Search warrant. 68.(1) Where a justice of the peace is satisfied by complaint on oath that there is reasonable ground for believing that any intoxicating liquor is sold by retail or made available for purchase by retail by any person at any place in the county [court division] for which he is justice and that (a)that person is not the holder of a licence; or (b)that place is not a place where that liquor may be lawfully sold by retail; or (c)that liquor is of a kind such as is mentioned in section 53(1), (i)to enter that place, by force if need be; and (ii)to search that place for intoxicating liquor; and (iii)on tender of a reasonable price to obtain for analysis samples of any intoxicating liquor or any liquid found in that place which is suspected of being intoxicating liquor; and (iv)where the constable has reasonable grounds for suspecting any liquor found therein to be in that place for the purpose of unlawful sale there or elsewhere, or for any purpose in contravention of section 53, or where the sale to him, authorised under paragraph (iii), of samples of any liquor or liquid is refused, or the price demanded is unreasonable, to seize and remove any such liquor or liquid and its containers. (2) If any person, himself or by his servant or agent or any other person acting with his knowledge or consent, fails or unreasonably delays to admit a constable executing a warrant issued under this section, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (3) In any proceedings for an offence under subsection (2) the burden of proving that any delay in admitting was reasonable shall lie upon the defendant. (4) In this section "place" includes "premises." LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 69 Persons found on unlicensed premises, etc. 69.(1) Where on any premises or in any place any liquor is sold or made available for purchase or permitted to be consumed in contravention of section 52, 53 or 54, any person found there shall, unless he proves that he is there for a lawful purpose, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (2)Where, on being asked by a constable for his name and address, a person found as mentioned in subsection (1) (a)refuses to give them; or (b)gives a false name or address; or (c)refuses to answer satisfactorily any question put to him to ascertain the correctness of the name or address given, (3) A constable may arrest without warrant any person whom he with reasonable cause suspects of having committed an offence under subsection (2). LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 70 Production of licence. 70. The holder of a licence or protection order shall at the request of a constable produce it within seven days of the request to, or in accordance with the directions of, the constable for examination, and if it is not so produced he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #20. Suspension of licences. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 71 71.(1) Where the holder of a licence is convicted of (a)an offence under section 41(1)(a), 53, 56, 57 or 62(1), committed in or in relation to the licensed premises, and had previously been convicted of an offence under any of those sections committed in or in relation to those premises; or Para.(b) rep. by SL(R) 1977 (c)an offence under section 13 of the Criminal Law Amendment Act 1885 (permitting premises to be a brothel), where the offence was committed in the licensed premises or in premises which adjoin or are near them, (2) Where the holder of a licence is convicted of an offence under (a)any provision of this Act, other than an offence to which subsection (1)(a) applies of which he is convicted in circumstances such as are mentioned in that paragraph; or (b)the Food and Drugs Act (Northern Ireland) 1958, where the offence was committed in or in relation to the licensed premises; or (c)the Gaming Act 1845, the Betting Act 1853, the Gaming Houses Act 1854 or the Betting and Lotteries Act (Northern Ireland) 1957, where the offence was committed in the licensed premises, (3) The period for which a licence is suspended under subsection (1) or (2) shall not be less than one week or more than three months, except that, where in consequence of a conviction such as is mentioned in subsection (2)(b) an order is made under section 14 of the said Act of 1958 disqualifying the holder of a licence for using the licensed premises for the purposes of a food business which is or includes the business authorised by the licence, the licence may be suspended for the period during which the order is in force. (4) The suspension of a licence shall be in addition to any other penalty which may be imposed by the court. (5) A suspended licence shall not be in force during the period of suspension except for the purposes of the provisions of this Act relating to the surrender, renewal or transfer of licences and to protection orders. (6) A licence may be suspended for any period notwithstanding that it is due to expire before the commencement of, or during, that period. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 72 Penalty for opening licensed premises during period of suspension. 72. Where on any day on which a licence for any premises is suspended the holder of the licence himself or by his servant or agent sells intoxicating liquor or makes it available for purchase in the premises or permits it to be consumed in the premises, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #500 or to imprisonment for a term not exceeding six months or both and the court shall order the licence to be suspended for an additional period of not less than one month or more than one year. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 73 Procedure in connection with suspension. 73.(1) Where the holder of a licence is charged with an offence under (a)any provision of this Act; or (b)the Food and Drugs Act (Northern Ireland) 1958, where the offence was committed in or in relation to the licensed premises; or Para.(c) rep. by SL(R) 1977 (d)any provision of the Gaming Act 1845, the Betting Act 1853, the Gaming Houses Act 1854 or the Betting and Lotteries Act (Northern Ireland) 1957, where the offence was committed in the licensed premises; or (e)section 13 of the Criminal Law Amendment Act 1885, (2) A court which suspends a licence shall order the holder of the licence to deliver it to the clerk of the court within a period specified in the order, unless it has already been so delivered and has not been returned under subsection (3); and if he contravenes the order he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #5 for every day on which the contravention is continued. (3) The clerk of a court to whom a licence is delivered under subsection (2) shall (a)if he is not the clerk of petty sesions who keeps the register in which particulars of the licence are recorded, send the licence to that clerk of petty sessions; or (b)if he keeps that register, retain the licence; Suspension of licence not to take effect pending appeal against conviction. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 74 74. Where on a conviction of an offence a licence is suspended by a court and the person convicted appeals, subject to such conditions as the court may order the suspension shall not take effect until the appeal is determined or abandoned. Special provisions with respect to grant or renewal of licences for seamen's canteens. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 75 75.(1) Before application is made for the grant of a licence for a seamen's canteen, draft rules as to the persons entitled to use the canteen shall be prepared. (2) A copy of the draft rules shall be attached to the notice, and the copies of the notice, mentioned in paragraph 1(b) of Schedule 1. (3) Without prejudice to section 5(2)(a) and (b), a court shall not grant a licence for a seamen's canteen unless the body providing the canteen undertake to make rules for the canteen in the form of the draft, with the modifications, if any, required by the court, and not to vary those rules without the consent of a court. (4) Without prejudice to section 12(2), a court shall not renew a licence for a seamen's canteen unless it is satisfied (a)that the rules as to the persons entitled to use the canteen have been observed; and (b)that those rules have not been and will not be varied otherwise than with the consent of a court. (5) An application for consent to the variation of rules under this section may be made to a court of summary jurisdiction. Sales by wholesalers, etc. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 76 76.(1) The holder of a licence under [section 65 of the Alcoholic Liquor Duties Act 1979] (wholesale dealers) shall not by virtue of that licence sell intoxicating liquor to any person in Northern Ireland other than a person mentioned in subsection (2) unless (a)the holder of that licence is also the holder of a licence under this Act for premises which are either of a kind mentioned in section 3(1)(a) or (b) or an hotel to which section 3(5)(b)(ii) applies; and (b)the sale is made in those premises during the permitted hours. (2) The persons referred to in subsection (1) are (a)the holder of a licence under this Act; (b)the holder of a licence under [section 65 or 84] (sales for medicinal or scientific purposes) of the said [Act of 1979]; (c)a public body; (d)any person who may lawfully sell intoxicating liquor by retail without a licence; (e)a club which is registered under the Registration of Clubs Act (Northern Ireland) 1967; or (f)any other persons of such classes as may be prescribed by regulations made subject to affirmative resolution. (3) Any person acting in contravention of subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (4) A manufacturer of, or wholesale dealer in, cider, notwithstanding that he is not the holder of a licence, may sell cider to the holder of a licence in any quantity. S.77 repeals s.8 of 1874 c.69; s.5(1) of 1927 c.21 (NI) 1967 c.27 LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 78 78.(1) A pharmacist notwithstanding that he does not hold a licence may sell or supply medicine consisting of or including intoxicating liquor, if (a)subject to subsection (2), it is sold or supplied for use in accordance with the order or prescription of a doctor; or (b)it is of a kind prescribed by regulations. (2) The order or prescription (a)shall be produced to the pharmacist before the sale or supply of the medicine, and shall not be returned to the person for whose benefit it was given or to any other person acting on his behalf; and (b)shall be authority for the sale or supply of such a medicine on one occasion only. (3) The provisions of this Act, other than this section, shall not apply to the sale or supply of intoxicating liquor as or in medicine by a pharmacist in accordance with subsections (1) and (2). Sale of intoxicating liquor, etc., by pharmacist. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 79 79.(1) A licence may be granted in respect of a vessel other than a seagoing vessel as if it were premises situated at the place from which it plies and notwithstanding that it is not premises of a kind mentioned in section 3(1)(a) to (g). (2) When a court grants a licence under subsection (1) it may attach to the licence such conditions as it thinks fit. (3) Without prejudice to section 12(2), a court shall not renew a licence granted under subsection (1) unless it is satisfied that the conditions of the licence have been observed. (4) The conditions of a licence granted under subsection (1) may be varied by a court which renews or transfers the licence. (5) If any condition of a licence granted under subsection (1) is not observed, the holder of the licence and the master of the vessel shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #100. (6) Without prejudice to subsections (1) to (5) and section 52(3), this Act shall apply in relation to a vessel for which a licence is in force as if the vessel were premises. (7) In the provisions of this Act relating to offences by the holders of licences, any reference to the holder of a licence for a vessel shall include a reference to the master of the vessel and any reference to a servant or agent of the holder shall, in relation to the master, include a reference to any person employed in the vessel. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 80 Licences for non-seagoing vessels. 80.(1) This Act shall not prohibit the sale without a licence of intoxicating liquor to passengers in a seagoing vessel, an aircraft or a railway passenger vehicle for consumption on board the vessel, aircraft or vehicle, if the following conditions are observed. (2) The conditions mentioned in subsection (1) are (a)that the vessel, aircraft or vehicle is of a kind employed for the carriage of passengers; (b)in the case of a vessel, that the vessel is one which plies between a place in Northern Ireland and a place in a country other than Northern Ireland and the liquor is sold only (i)during the period commencing one and a half hours before the time fixed for departure and ending at the time of departure; and (ii)while the vessel is being navigated; (c)in the case of an aircraft, that the liquor is sold only while the aircraft is in flight; (d)in the case of a railway passenger vehicle, that the vehicle is one in which passengers can be supplied with food and the liquor is served in the course of a railway journey on which fare paying passengers are carried by a railway undertaking. S.81 spent Application of Act to certain seagoing vessels and to aircraft and railway passenger vehicles. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 82 82.(1) Evidence that a transaction in the nature of a sale of intoxicating liquor took place shall, in any proceedings relating to an offence under this Act, be evidence of the sale of the liquor without proof that money passed. (2) Evidence that consumption of intoxicating liquor was about to take place shall in any such proceedings be evidence of the consumption of intoxicating liquor without proof of actual consumption. (3) Evidence that any person, other than the licence holder or his servant or agent obtained, consumed or intended to consume intoxicating liquor in the licensed premises shall be evidence that the liquor was sold to that person by the holder of the licence or his servant or agent. (4) Where intoxicating liquor in open containers is found in any premises, consumption of intoxicating liquor shall, in any proceedings for a contravention of any provision of this Act, be deemed to have taken place in those premises, unless the contrary is proved. Evidence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 83 83.(1) Without prejudice to [Articles 61 and 65 of the County Courts (Northern Ireland) Order 1980], any party to the proceedings who is dissatisfied with a decision of a county court on an application made to it under this Act may appeal from that decision as if the decision had been made in exercise of the jurisdiction conferred by Part III of [that Order and the appeal were brought under Article 60 of that Order]. (2) For the purposes of (a)subsection (1); (c)sections 143 and 146 of the Magistrates' Courts Act (Northern Ireland) 1964, 1980 NI 3 LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 84 84.(1) In this Act "appeal", except in section 83(1), includes an appeal by way of case stated; "bar" means an open drinking bar; "business" includes any business whether or not carried on for profit; "bus station" means premises which (a)are provided by a statutory body exercising functions under the Transport Act (Northern Ireland) 1967 or by an undertaking which is the holder of a road service licence granted under that Act, and (b)include amenities and facilities (including enclosed waiting facilities elsewhere than in a licensed part of the premises) for persons who have used or intend to use the services of such an undertaking; "cider" includes perry; "common part", in relation to any premises, means a part open generally to all residents or to a particular class of them; "diner" means a person who is partaking of a main table meal or is about to partake of such a meal or has just partaken of such a meal; "divisional commander" means a divisional commander of the Royal Ulster Constabulary; "doctor" means a fully registered person within the meaning of the Medical Acts 1956 to 1969; "enactment" has the meaning assigned to it by section 1(b) of the Interpretation Act (Northern Ireland) 1954; "extension licence" has the meaning assigned to it by section 49(1); "harbour terminal" means premises providing amenities and facilities for persons who have travelled by sea to, or intend to travel by sea from, Northern Ireland which are built upon harbour premises in the vicinity of the point at which such persons embark or disembark; "holder of a licence" includes a person such as is mentioned in section 25(2); "hotel", without prejudice to subsection (4), means any premises or set of premises registered in the register of hotels maintained by the Northern Ireland Tourist Board under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948; "housing authority" means (a)a local or public body exercising functions under the Housing Acts (Northern Ireland) 1890 to 1971; "intoxicating liquor" means spirits, wine, beer, cider and any other fermented, distilled, or spirituous liquor, but does not include (a)angostura bitters; or (b)(apart from cider) any liquor for the sale of which by wholesale no excise licence is required; "licence" means a licence under this Act authorising the sale of intoxicating liquor by retail but except in sections 61 to 63, 65, 66 and 82(3) does not include an occasional licence; "licensed premises" (a)except in the case of an hotel, means the part or parts of the premises for which a licence is in force which are delineated in the plan kept by the clerk of petty sessions as the part or parts of those premises in which intoxicating liquor is permitted to be sold by retail; (b)in the case of an hotel, means the hotel premises; and for the purposes of sections 53, 61 to 66 and 82(3) and (5) includes the place or premises specified in an occasional licence; "licensing year" means a period beginning on 1st October in any year and ending on 30th September in the next following year; "local body" means a district council or the council of a county exercising the functions of a district council and in relation to premises in any area means the local body for that area; "modify" means making additions, omissions, amendments or substitutions; "notice" means notice in writing; "occasional licence" has the meaning assigned to it by section 27(1); "owner" (a)in relation to a business, includes any personal representative, trustee, assignee, committee, liquidator, receiver or guardian carrying on the business in exercise of a power conferred by or under any statutory provision, will or deed; (b)in relation to premises, means the person for the time being receiving the rack rent of the premises, whether on his own account or as personal representative, trustee, assignee, committee, liquidator, receiver or guardian, or who would so receive the same if the premises were let at a rack rent; "permitted hours", subject to sections 43 to 46, means the hours specified in section 42; "pharmacist" means a registered pharmaceutical chemist or a registered druggist; "place of public entertainment" means premises used as a theatre or such other premises used for the purposes of such entertainments, in accordance with such conditions, as may be prescribed by regulations made subject to affirmative resolution; "police division", in relation to a divisional commander, means the division for which that commander acts; "protection order" has the meaning assigned to it by section 23(1); "public body" means a body constituted by or under any statutory provision; "public part", in relation to any premises, means a part open to customers who are not residents or guests of residents; "public place" includes any place to which the public have access whether as of right or by permission and whether subject to or free of charge; "public transport premises" means a railway station or an airport, or a harbour terminal or bus station as defined by this subsection; "regulations" except in Schedule 3, means regulations made by the Ministry of Home Affairs subject (except as otherwise provided in this Act) to negative resolution; "renewal date" in relation to any licensing year means 1st September in that year; "resident", in relation to an hotel, means a guest or traveller who has lodged in the hotel for the preceding night or has in writing engaged a room for the succeeding night; "restaurant" means any premises (a)which are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with a customary main meal at midday or in the evening, or both; and (b)for which there is in force a certificate from the Northern Ireland Tourist Board stating (i)that the restaurant for which the certificate is in force is registered in the register of restaurants maintained by the Board under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948; (ii)that in the opinion of the Board the restaurant (i)(aa)is well equipped and well furnished and provides comfortable seating in the dining room or rooms; (i)(bb)is operated by a competent management and staff; and (i)(cc)provides a high standard of catering; and <(iii)that the restaurant conforms to the requirements, if any, prescribed by regulations made with the concurrence of the Ministry of Commerce; but does not include premises of a kind mentioned in section 3(1)(a) in which there is carried on the business of selling meals or refreshments; "seamen's canteen" means any premises provided by a body approved by the Secretary of State which (a)are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with food or drink, whether or not the food or drink is separately paid for; and (b)are situated in a place for which there is in force a certificate granted by the Secretary of State after consultation with the Merchant Navy Welfare Board stating that there is need for a seamen's canteen; "servant" includes apprentice; "statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954; "suspended licence" means a licence suspended under Part IV; "table meal" means a meal eaten by a person seated at (a)a table; or (b)a counter or other structure which serves the purpose of a table and which is not used (i)wholly or mainly as a bar; or (ii)for the service of refreshments for consumption by persons not seated at a table or that counter or structure; "theatre" means any premises for which there is in force a theatre licence granted under [the Theatres (Northern Ireland) Order 1979]. (2) References in this Act to premises include references to their curtilages. (3) References in this Act to premises as being of any kind are references to them as being of one of the kinds mentioned in section 3(1)(a) to (g). (4) For the purposes of this Act, except the provisions thereof relating to the grant of licences, licensed premises shall be treated as an hotel notwithstanding that they are not registered in the register of hotels mentioned in subsection (1), if (a)a note such as is mentioned in paragraph 7(1) of Schedule 11, showing that the licence was granted before 31st July 1902 has been made on the licence and recorded in the register of licences in respect of the premises, and (i)the premises were before 1st October 1968, and continue to be, an hotel as defined in section 1(3) of the Intoxicating Liquor Act (Northern Ireland) 1923, and (ii)the accommodation for guests which is provided in the premises is approved by the Northern Ireland Tourist Board; or (b)the licence was granted after 30th July 1902 and before 1st October 1968 and the premises (i)at the time of the grant were an hotel as defined in section 2(2) of the Licensing (Ireland) Act 1902 or section 9(a)(ii) of the Intoxicating Liquor Act (Northern Ireland) 1923, and (ii)are registered in the register of guest houses maintained by the Northern Ireland Tourist Board under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948, and <(iii)continue to have no public bar for the sale of intoxicating liquor. (5) In this Act any reference to selling intoxicating liquor by retail is a reference to selling such liquor as mentioned in [section 4(4) of the Alcholic Liquor Duties Act 1979] and any reference to making such liquor available for purchase by retail shall be construed accordingly. (6) Any request which under any provision of this Act may be made to the holder of a licence may be made to any one of several joint holders or, if the holder is a body corporate, to the secretary or other executive officer of that body. (7) In this Act any reference, in relation to a licence, to the register of licences is a reference to the part of the register which relates to that licence. (8) In this Act any reference to the police division in which a person resides shall, where that person is a body corporate, be construed as a reference to each police division in which it carries on business under a licence. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 85 1923 c.12 85. Nothing in this Act shall (a)affect the operation of the Planning Acts (Northern Ireland) 1931 and 1944; (b)apply to the sale or consumption of intoxicating liquor to or in any canteen in which the sale of intoxicating liquor is carried on under the authority of the Secretary of State or the Police Authority for Northern Ireland or to or in any authorised mess of members of Her Majesty's naval, military or air forces; (c)prejudice or affect the sale of any spirits mentioned in [section 84 of the Alcholic Liquor Duties Act 1979] by a person authorised thereunder to sell the same; (d)apply to the sale or supply of medicated spirits or spirits or spirituous liquor made up in medicine by a doctor; (e)apply to intoxicating liquor in confectionery which (i)does not contain intoxicating liquor in a proportion greater than one-fiftieth of a gallon of liquor [(containing a quantity of ethyl alcohol amounting to 57 percent. of the volume of the liquor inclusive of the alcohol contained in it as at 20qC) per pound of the confectionery; and (ii)either consists of separate pieces weighing not more than one and a half ounces or is designed to be broken into such pieces for the purposes of consumption; (f)apply to the sale of wine to or by a local or public body exercising functions in connection with the training of persons who are or propose to become engaged or employed in the hotel or catering industry, if it is supplied with meals prepared or served by such persons by way of demonstration. LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 86 1902 c.18 86.(1) The provisions of Schedule 1, paragraph 3 of Schedule 3 and Part I of Schedule 8 may be modified by county court rules and the provisions of Schedules 4 to 7 and Part II of Schedule 8 and Schedule 9 may be modified by magistrates' courts rules, and any rules made under this subsection may make consequential modifications of this Act. Subs.(2) rep. by 1976 NI 23 art.17(2) sch.3; subs.(3), with Schedule 10, effects amendments (4) The transitional provisions contained in Schedule 11 shall have effect for the purposes of this Act. Subs.(5), with Schedule 12, effects repeals LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 87 1948 c.4 87.(1) This Act may be cited as the Licensing Act (Northern Ireland) 1971. (2)(3) Commencement 1. A person who intends to make an application for the grant of a licence shall (a)not more than six weeks nor less than two weeks before the time of the opening of the court sittings at which the application is to be made, cause notice of the application to be published at least once in two newspapers circulating in the vicinity of the premises for which the licence is to be sought; (b)not less than three weeks before that time, serve notice of the application upon the [chief clerk] and at the same time serve a copy of the notice upon the divisional commander of the police division in which the premises are situated, and also, where the applicant resides in some other police division, upon the divisional commander of that division. 2. The notices mentioned in paragraph 1 shall specify the kind of premises for which the licence is sought and the name and address of the owner of the premises and shall be in such form and, without prejudice to paragraph 3, shall contain such other information as may be prescribed by county court rules. 3.(1) The applicant shall attach to (a)the notice mentioned in paragraph 1(b), and (b)the copy of that notice which is served upon the divisional commander of the police division in which the premises are situated, (2) The plan mentioned in sub-paragraph (1) shall clearly delineate by appropriate colourings or markings and a legend or key thereto (a)except in the case of an hotel, the part or parts of the premises in which intoxicating liquor is to be sold; (b)in the case of an hotel, any public or common part or parts of the premises in which intoxicating liquor is to be sold, any part of the hotel which is set apart for the service of main table meals or for the service of intoxicating liquor and other beverages to diners before or after such meals being clearly distinguished; and (c)where the subsisting licence, if any, proposed to be surrendered under section 5(2)(c)(ii) is for premises which are or are to be extended, used or demolished as mentioned in paragraph 2(a)(iv) to (vi) of Schedule 2, the extent of those premises. 4. A divisional commander upon whom notice is required by paragraph 1(b) to be served (or any other member of the Royal Ulster Constabulary, not below the rank of sergeant, nominated by him), the local body or any person owning, or residing or carrying on business in, premises in the vicinity of the premises for which the licence is sought shall be entitled to appear at the hearing of the application and to object to the grant of the licence on any of the following grounds (a)that the applicant is not a fit person to hold a licence; or (b)that the premises are not of the kind specified in the notice or are not suitable to be licensed for the sale of intoxicating liquor by retail; or (c)where the premises are of a kind mentioned in section 3(1)(a) or (b) and section 5(3) [or paragraph 6 of Schedule 3] does not apply, that the number of licensed premises of that kind in the vicinity of the premises for which the licence is sought is, or having regard to any licences provisionally granted under section 7 or any sites approved under section 8 will be, adequate. 5. Any person having an estate in the premises specified in any subsisting licence which is proposed to be surrendered under section 5(2)(c)(ii) shall also be entitled to appear at the hearing of the application and to object to the surrender of that licence. 6. A person intending to object under paragraph 4 or 5 shall, not less than one week before the time mentioned in paragraph 1(a), (a)serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; (b)serve a copy of the notice upon (i)the [chief clerk]; and (ii)where the person intending to object is not a member of the Royal Ulster Constabulary, the divisional commander of the police division in which the premises are situated. 7. Part I shall apply for the purposes of an application for the provisional grant of a licence subject to the following modifications (a)for any reference to the grant of a licence there shall be substituted a reference to the provisional grant of a licence; (b)where the application relates to premises about to be constructed, or in the course of construction, for any reference to the vicinity or the police division in which the premises are situated there shall be substituted a reference to the vicinity or the police division in which the premises are to be situated; (c)for any reference to a plan of the premises there shall be substituted a reference to a plan of the premises as they will be when their construction, alteration or extension has been completed; (d)in paragraph 4, in sub-paragraph (b), after the words "are not" in both places where they occur there shall be inserted the words "or will not be", and in sub-paragraph (c), after the word "premises" in the first and third places where it occurs there shall be inserted the words "or proposed premises"; (e)in paragraphs 3(2)(c) and 5, the references to section 5(2)(c)(ii) shall include references to section 7(4)(c). 8. Where an application for the provisional grant of a licence is made by a housing authority, paragraphs 1 and 4 shall have effect subject to the following additional modifications (a)in paragraph 1(b), the words from "and also" onwards shall be omitted; (b)in paragraph 4, sub-paragraph (a) shall be omitted. 9. Where a licence has been provisionally granted to a housing authority and an application to have the grant of the licence declared final is intended to be made by a person nominated by the authority who proposes to be the owner of the business to be carried on under the licence, that person shall, not less than three weeks before the time of the opening of the court sittings at which the application is to be made, serve notice of the application upon the [chief clerk] and at the same time serve a copy of the notice upon the divisional commander of the police division in which the premises for which the licence was provisionally granted are situated, and also, where the applicant resides in some other police division, upon the divisional commander of that division. 10. The notice mentioned in paragraph 9 shall be in such form and shall contain such information as may be prescribed by county court rules. 11. A divisional commander upon whom notice is required by paragraph 9 to be served (or any other member of the Royal Ulster Constabulary, not below the rank of sergeant, nominated by him) shall be entitled to appear at the hearing of the application and object to the grant of the licence being declared final on the ground that the applicant is not a fit person to hold a licence. 12. A person intending to object under paragraph 11 shall, not less than one week before the time mentioned in paragraph 9, (a)serve upon the applicant notice of his intention to object; (b)serve a copy of the notice upon the [chief clerk]. 13. Before or at the hearing of the application to have the provisional grant of a licence declared final, the applicant shall deposit the licence with the [chief clerk]. 1. A licence shall be treated as a subsisting licence only if (a)except in the circumstances mentioned in paragraph 2 or 3, the business authorised by the licence has been regularly carried on throughout, or for a substantial part of, the year immediately preceding the date of its surrender or, where the licence has not been in force for a year, the period from the date when it was granted to the date of its surrender; Sub-para.(b) rep. by 1976 NI 25 art.80(4) sch.6 Pt.II 2. Notwithstanding anything in paragraph 1(a), a licence shall be treated as a subsisting licence if (a)the premises specified in it (i)have, by reason of fire, tempest, or other unforeseen and unavoidable calamity, become incapable of being used for the business carried on in them under the licence; or (ii)have ceased or are likely to cease, by reason of the termination of a tenancy or an alteration in the terms of a tenancy (whether under a lease or otherwise), to be available for the business carried on in them under the licence; or <(iii)have been or are likely to be acquired or demolished, either wholly or to a substantial extent, under any statutory provision; or <(iv)have been or are to be extended to include other premises which are, or are to be constructed so as to be, contiguous to them; or (v)are or are to be used for the purpose of the same business in conjunction with other additional premises which are or are to be constructed adjacent to them; or <(vi)have been or are to be wholly or substantially demolished and new premises have been or are to be constructed wholly or partly within their curtilage; and (b)where sub-paragraph (a)(iv), (v) or (vi) applies, the business carried on under the licence has been interrupted for the purpose of enabling the extension, demolition or construction to be carried out; and (c)the application for the new licence has been made within a reasonable period. 3. Notwithstanding anything in paragraph 1(a), a licence shall be treated as a subsisting licence if the business carried on under it has been interrupted by reason only of the suspension of the licence. 1. In this Schedule "approved sites" has the meaning assigned to it by paragraph 4(1); "the area" means the area in which the sites are situated; "declaration" means a declaration under paragraph 4; "the Ministry" means the Ministry of Development; "preferred applicant" has the meaning assigned to it by paragraph 9(2); ["proposed re-development area" means an area in respect of which a resolution has been passed under section 8 of the Housing Act (Northern Ireland) 1956 or an area declared to be a proposed re-development area under Article 47 of the Housing (Northern Ireland) Order 1981;] ]"re-development area" means an area in respect of which a re-development scheme has been approved by the Department of the Environment under Article 49 of the Housing (Northern Ireland) Order 1981.] 2.(1) A housing authority who propose to make an application for a declaration with respect to any sites shall submit to the Ministry proposals as to the number and situation of those sites and as to the kind of premises that may be erected on those sites. (2) Where the proposals relate to sites in a re-development area or proposed re-development area, the number of sites shall not exceed the number of licensed premises in the area at the time of the submission of the re-development scheme. (3) The Ministry may approve, with or without modification, proposals made to it under sub-paragraph (1) and shall notify the housing authority accordingly. (4) The housing authority may request the Ministry to approve modifications of proposals which have been approved under this paragraph and the Ministry may approve the modifications. 3.(1) A housing authority who intend to make an application for a declaration shall (a)not more than six weeks nor less than two weeks before the time of the opening of the court sittings at which the application is to be made cause notice of the application to be published at least once in two newspapers circulating in the vicinity of the area; (b)not less than three weeks before that time serve notice of the application upon the [chief clerk] and at the same time serve a copy of the notice upon the divisional commander of each police division in which the area, or any part of it, is situated. (2) The notices mentioned in sub-paragraph (1) shall be in such form and contain such information as may be prescribed by county court rules. (3) A divisional commander upon whom notice is required by sub-paragraph (1)(b) to be served (or any other member of the Royal Ulster Constabulary, not below the rank of sergeant, nominated by him), or any person owning, or residing or carrying on business in, premises in the vicinity of the area, shall be entitled to appear and object to the issue of a declaration with respect to any site. (4) A person intending to object under sub-paragraph (3) shall, not less than one week before the time mentioned in sub-paragraph (1)(a), (a)serve upon the housing authority notice of his intention to object, briefly stating his grounds for so doing; (b)serve a copy of the notice upon (i)the [chief clerk]; and (ii)where the person intending to object is not a member of the Royal Ulster Constabulary, the divisional commander of each police division in which the area, or any part of it, is situated. (5) At the hearing of the application, the housing authority shall furnish such further information as to the proposed development or re-development of the area, in such detail, as the court may require. 4.(1) Where proposals made under paragraph 2 by a housing authority have been approved by the Ministry, the county court on application made to it by that housing authority under section 8(1) may, after hearing the objections, if any, made under paragraph 3, issue a declaration that the court approves the sites or any of them as sites for licensed premises of a kind or kinds specified in the declaration (in this Schedule referred to as the "approved sites"). (2) Where proposals approved under sub-paragraph (3) of paragraph 2 are modified under sub-paragraph (4) thereof, the county court on the application of the housing authority may make a fresh declaration. (3) An application for a declaration may be made to the county court for any division in which the area is wholly or partly situated. 5.(1) A declaration shall, subject to sub-paragraph (2), remain in force for such period as is specified in the declaration or, where no period is so specified, for a period of ten years from the date of the issue of the declaration. (2) At any time, whether before or after the expiration of the period for which a declaration is in force, the county court, on application made to it by the housing authority or by any person who has acquired a site specified in the declaration, may, after hearing the objections, if any, made by virtue of sub-paragraph (3), order (a)where the application is made by the housing authority, that the declaration shall continue to be in force in relation to all the sites specified in the declaration or to such of those sites as the court thinks fit; or (b)where the application is made by a person who has acquired an estate in a site specified in the declaration, that the declaration shall continue to be in force in relation to that site, (3) The provisions of paragraph 3 shall have effect in connection with applications for orders under sub-paragraph (2) with the substitution for any reference to a declaration of a reference to such an order and as if any reference to a housing authority included a reference to a person who has acquired an estate in a site with respect to which an application under sub-paragraph (2) is proposed to be made. 6. ... where a declaration is in force approving any site as a site for licensed premises of a kind mentioned in section 3(1)(a) of (b) and an application is made for the grant or provisional grant of a licence for premises of that kind which have been, or are proposed to be, erected on that site, section 5(2)(c)(i) shall not apply. 7. This Part applies where sites in a re-development area or proposed re-development area have been approved under paragraph 4(1). 8. The housing authority may dispose of (a)the approved sites; or (b)premises erected on the approved sites, 9.(1) The housing authority shall serve on every person who has been, or in the opinion of the housing authority will be, dispossessed of a licence in consequence, whether directly or indirectly, of the acquisition by the housing authority of the premises to which the licence relates or of the carrying out of the re-development scheme, or, where any such person has died, on his personal representative or on any other person who is entitled in consequence of his death to a beneficial interest in the business carried on in the licensed premises, a notice (a)describing the approved sites and referring to the declaration by which they were approved; (b)stating whether or not the authority propose to erect premises on the sites; (c)inviting offers in writing from those persons for the purchase or, if the housing authority think fit, the lease of any of those sites or premises; (d)specifying the period (not being less than two months from the date on which the notice is served) within which offers may be made. (2) A person entitled to receive a notice under sub-paragraph (1) is in this Schedule referred to as a "preferred applicant". (3) After the expiration of the period during which offers may be made as mentioned in sub-paragraph (1)(d), the housing authority may, with the approval of the Ministry, dispose of a site or premises on that site to any preferred applicant who has made an offer for that site or those premises within that period. (4) Without prejudice to its right to refuse its approval to the disposal under this section of any approved site or premises, the Ministry shall (a)refuse to approve the disposal of the site or premises to any preferred applicant for a consideration which is less than the fair value thereof; (b)refuse to approve the disposal to a preferred applicant of a greater number of sites or premises than the number of licensed premises in respect of which he has been or will be dispossessed of licences in consequence, whether directly or indirectly, of the acquisition of the licensed premises or the carrying out of the re-development scheme. 10.(1) Where, after steps have been taken by a housing authority in accordance with the provisions of paragraph 9, any sites or premises have not been disposed of to preferred applicants, the housing authority shall cause to be published in two successive weeks in at least one newspaper circulating in the vicinity of those sites or premises a notice (a)describing those sites or premises and referring to the declaration under paragraph 4(1); (b)inviting offers in writing for the purchase or, if the housing authority think fit, the lease of any one of those sites or premises; (c)specifying the period (not being less than two months from the date of the last publication of the notice) within which offers may be made. (2) After the expiration of the period during which offers may be made as mentioned in sub-paragraph (1)(c), the housing authority may, with the approval of the Ministry, dispose of the sites or premises to persons making offers therefor within that period. 11. A contract for the acquisition from a housing authority of an estate in an approved site or premises erected thereon may be subject to such conditions as the housing authority, with the approval of the Ministry, may determine including, but without prejudice to the generality of the foregoing words, a condition that the contract shall be voidable at the option of the person acquiring the estate if he does not for any reason, or within any period specified in the contract, obtain the grant of a licence for premises on the site or, as the case may be, for those premises. 12. Where a contract for the acquisition of an estate in an approved site or in premises on such a site is terminated, the housing authority shall (a)where the other party to the contract was a preferred applicant, dispose of the site or premises in accordance with paragraph 9, or, if the site is, or premises are, not disposed of in accordance with that paragraph, dispose of it or them in accordance with paragraph 10; (b)where the other party to the contract was not a preferred applicant, dispose of the site or premises in accordance with paragraph 10. 13. Where a housing authority dispose of land within a re-development area to any other housing authority, that other authority shall, in relation to the land, have the like powers and be subject to the like duties as are imposed on the first-mentioned authority by the foregoing provisions of this Schedule. Part III rep. by 1976 NI 25 art.80(4) sch.6 Pt.II 15. Any expenses incurred or money receivable by a housing authority in the exercise of their functions under any provision of this Act shall where they are a body exercising functions under the Housing Acts (Northern Ireland) 1890 to 1971, be defrayed or dealt with as expenses incurred or, as the case may be, money receivable in the exercise of their functions under those Acts. 16. Any increase attributable to any provision of this Act in sums which under any other enactment are payable out of money provided by Parliament or charged on and issued out of the Consolidated Fund may be defrayed in the same manner as those sums are by that enactment authorised or required to be defrayed and any provision of that enactment as to the borrowing of money for the purpose of providing such sums shall apply accordingly. 2. The clerk of petty sessions for each petty sessions district shall, not less than six weeks before the renewal date, cause notice of that date and of the provisions of paragraph 6 to be published in two newspapers circulating in that district. 3. A person who intends to make an application for the renewal of a licence for any premises shall, not less than three weeks before the renewal date, serve notice of the application upon the clerk of petty sessions for the petty sessions district in which the premises are situated and at the same time serve a copy of the notice upon the divisional commander of the police division in which the premises are situated, and also, where the applicant resides in some other police division, upon the divisional commander of that division. 4. The notices mentioned in paragraph 3, shall specify the kind of premises for which the renewal of the licence is sought and shall be in such form and contain such other information as may be prescribed by magistrates' courts rules. 5. A divisional commander upon whom notice is required by paragraph 3 to be served (or any other member of the Royal Ulster Constabulary, not below the rank of sergeant, nominated by him), the local body or any person owning, or residing or carrying on business in, premises in the vicinity of the premises for which the renewal of the licence is sought shall be entitled to appear at the hearing of the application and to object to the renewal of the licence on any of the following grounds (a)that the applicant is not a fit person to hold a licence; or (b)that (i)the kind of premises specified in the notice is not that for which the licence was granted or the premises are not of the kind so specified; or (ii)the premises are not suitable to be licensed for the sale of intoxicating liquor by retail; or (c)that the business carried on in the premises under the licence has not been conducted in a peaceable and orderly manner since the previous renewal of the licence or, where the renewal applied for is the first renewal of the licence, since the licence was granted; or (d)that (i)the business carried on in the premises under the licence, or (ii)in the case of premises of a kind mentioned in section 3(1)(c) to (g) other than an hotel in respect of which the note and record mentioned in paragraph 7 of Schedule 11 have been made, the business to which the sale of intoxicating liquor under the licence is ancillary, (d)has been discontinued. 6. A person intending to object under paragraph 5 shall, not less than one week before the renewal date, (a)serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; (b)serve a copy of the notice upon (i)the clerk of petty sessions; and (ii)where the person intending to object is not a member of the Royal Ulster Constabulary, the divisional commander of the police division in which the premises are situated. 7. Before the renewal date, the applicant shall deposit the licence with the clerk of petty sessions. 8. Part I shall apply for the purposes of an application under section 13(1) or 20(1) for the renewal of a licence, subject to the following modifications (a)paragraphs 1 and 2 shall be omitted; (b)in paragraphs 3, 6 and 7 for any reference to the renewal date there shall be substituted a reference to the time of the court sitting at which the application is to be made. 9. Where the application is made under section 20, the requirements of this Schedule shall be taken to be satisfied if the notices mentioned in paragraphs 3 and 6(a) were served by and upon either the holder of the licence or the person who intends to make application for the transfer. 1. A person who intends to make an application for the transfer of a licence shall (a)not more than six weeks nor less than two weeks before the time of the court sitting at which the application is to be made, cause notice of the application to be published at least once in two newspapers circulating in the vicinity of the premises for which the transfer is sought; (b)not less than three weeks before that time, serve notice of the application upon the clerk of petty sessions and at the same time serve a copy of the notice upon the divisional commander of the police division in which the premises are situated, and also, where the applicant resides in some other police division, upon the divisional commander of that division. 2. The notices mentioned in paragraph 1, shall specify the kind of premises for which the transfer of the licence is sought and shall be in such form and contain such other information as may be prescribed by magistrates' courts rules. 3. A divisional commander upon whom notice is required by paragraph 1(b) to be served (or any other member of the Royal Ulster Constabulary, not below the rank of sergeant, nominated by him), the local body or any person owning, or residing or carrying on business in, premises in the vicinity of premises for which the transfer of the licence is sought shall be entitled to appear at the hearing of the application and to object to the transfer of the licence on either of the following grounds (a)that the applicant is not a fit person to hold a licence; or (b)that (i)the business carried on in the premises under the licence, or (ii)in the case of premises of a kind mentioned in section 3(1)(c) to (g) other than an hotel in respect of which the note and record mentioned in paragraph 7 of Schedule 11 have been made, the business to which the sale of intoxicating liquor under the licence is ancillary, (b)has been discontinued. 4. A person intending to object under paragraph 3 shall, not less than one week before the time mentioned in paragraph 1(a), (a)serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; (b)serve a copy of the notice upon (i)the clerk of petty sessions; and (ii)where the person intending to object is not a member of the Royal Ulster Constabulary, the divisional commander of the police division in which the premises are situated. 5.(1) Before or at the hearing of the application for the transfer of a licence, the applicant shall deposit the licence with the clerk of petty sessions. (2) Where the applicant has not possession of the licence and the court has reason to believe that the licence is in the possession of some other person the court may order that person to deposit it with the clerk within a period specified in the order and if he contravenes the order without reasonable excuse he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #5 for every day on which the contravention is continued. 6. Part I shall apply for the purposes of an application for the transfer of a licence provisionally granted subject to the following modifications (a)where the application relates to a licence for premises about to be constructed or in the course of construction, for any reference to the vicinity or the police division in which the premises are situated there shall be substituted a reference to the vicinity or the police division in which the premises are to be situated; (b)paragraph 3(b) shall be omitted. 1. In this Schedule "application" means an application for (a)a protection order; or (b)an order authorising the temporary continuance of a business in premises other than those specified in a licence. 2. A person who intends to make an application shall, not less than four days before the time of the court sitting at which the application is to be made, serve notice of the application upon the clerk of petty sessions and at the same time serve a copy of the notice upon the divisional commander of the police division in which the premises to which the application relates are situated. 3. The notice mentioned in paragraph 2 shall specify the kind of premises to which the application relates and shall be in such form and, without prejudice to paragraph 4, shall contain such other information as may be prescribed by magistrates' courts rules. 4.(1) Where the application is for an order authorising the temporary continuance of a business in any premises, the applicant shall attach to (a)the notice mentioned in paragraph 2, and (b)the copy of that notice which is served upon the divisional commander, (2) The plan mentioned in sub-paragraph (1) shall clearly delineate by appropriate colourings or markings and a legend or key thereto the part or parts of the premises, or, in the case of an hotel, any public or common part or parts of the premises, in which intoxicating liquor is to be sold. 5. The divisional commander upon whom notice is required by paragraph 2 to be served (or any other member of the Royal Ulster Constabulary, not below the rank of sergeant, nominated by him) shall be entitled to appear at the hearing of the application and to object to the making of the protection order or, as the case may be, the authorisation of the temporary continuance of the business in the premises in question. 6. Where the court is satisfied that the applicant had reasonable cause for failing to serve the notice required by paragraph 2 it may consider the application, notwithstanding that the provisions of that paragraph have not been complied with, if it is satisfied that the divisional commander does not object, and such an application shall not, by reason only of that failure, be treated as not having been duly made. 1. In this Schedule "licence" means an occasional licence. 2. A person who intends to make an application for the grant of a licence shall, not less than four days before the time of the court sitting at which the application is to be made, serve notice of the application upon the clerk of petty sessions and at the same time serve a copy of the notice upon the divisional commander for the police division in which the place or premises to which the application relates is or are situated. 3. Where the local body or a person owning, or residing or carrying on business in, premises in the vicinity of the place specified in an occasional licence has served upon the divisional commander of the police division in which that place is situated a caution stating that the cautioner wishes to be heard by the court on the next following, if any, application for an occasional licence in connection with a function to be held at that place the divisional commander shall notify the cautioner of the application and of the time and place of the hearing. 4. The notices mentioned in paragraph 2 and paragraph 3 shall be in such form and shall contain such information as may be prescribed by magistrates' courts rules. 5. The divisional commander upon whom notice is required by paragraph 2 to be served (or any other member of the Royal Ulster Constabulary, not below the rank of sergeant, nominated by him), and any cautioner who has been given notice of the application under the provisions of paragraph 3, shall be entitled to appear at the hearing of the application and to object to the granting of the licence. 6. Where the court is satisfied that the applicant had reasonable cause for failing to serve the notice required by paragraph 2 it may consider the application, notwithstanding that the provisions of that paragraph have not been complied with, if it is satisfied that the divisional commander and any cautioner does not object, and such an application shall not, by reason only of that failure, be treated as not having been duly made. 1. In this Part "application" means an application under section 31(1)(i). 2. A person who intends to make an application shall, not less than three weeks before the time of the opening of the court sittings at which the application is to be made, serve notice of the application upon the [chief clerk] and at the same time serve a copy of the notice upon (a)the divisional commander of the police division in which the premises are situated; and (b)the person whose name is recorded in the register of licences as the owner of the premises. 3. The notice mentioned in paragraph 2 shall specify the kind of premises to which the application relates and shall be in such form and, without prejudice to paragraph 4, shall contain such other information as may be prescribed by county court rules. 4. The applicant shall attach to (a)the notice mentioned in paragraph 2, and (b)the copy of that notice which is served upon the divisional commander, 5. The divisional commander upon whom notice is required by paragraph 2 to be served (or any other member of the Royal Ulster Constabulary, not below the rank of sergeant, nominated by him), or the person mentioned in paragraph 2(b), shall be entitled to appear at the hearing of the application and to object to the court's consenting to the alteration to which the application relates. 6. A person intending to object under paragraph 5 shall, not less than one week before the time mentioned in paragraph 2, (a)serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; (b)serve a copy of the notice upon (i)the [chief clerk]; and (ii)where the person intending to object is not a member of the Royal Ulster Constabulary, the divisional commander. 7. The notice shall specify the kind of premises to which it relates and shall be in such form and, without prejudice to paragraph 8, shall contain such other information as may be prescribed by magistrates' courts rules. 8.(1) The holder of the licence shall attach to the notice a plan of the premises showing the proposed alterations. (2) The alterations shown in the plan mentioned in sub-paragraph (1) shall be authenticated by or on behalf of the authority in question in the manner prescribed by magistrates' courts rules. 1. In this Schedule "licence" means an extension licence. 2. A person who intends to make an application for the grant of a licence shall, not less than four days before the time when he wishes the application to be considered, serve notice of the application upon the clerk of petty sessions and at the same time serve a copy of the notice upon the divisional commander of the police division in which the premises to which the application relates are situated. 3. The notice mentioned in paragraph 2 shall be in such form and shall contain such information as may be prescribed by magistrates' courts rules. 4. The divisional commander upon whom notice is required by paragraph 2 to be served (or any other member of the Royal Ulster Constabulary, not below the rank of sergeant, nominated by him) shall be entitled to appear at the hearing of the application and to object to the granting of the licence. 5. A person intending to object under paragraph 4 shall, not later than such time as may be specified in the notice as the time when the applicant wishes the application to be considered, serve upon the applicant and the clerk of petty sessions notice of his intention to object, briefly stating his grounds for so doing. 6. Where the court or the clerk of petty sessions is satisfied that the applicant had reasonable cause for failing to serve the notice required by paragraph 2, the application may be considered notwithstanding that the provisions of that paragraph have not been complied with, if the court or, as the case may be, the clerk is satisfied that the divisional commander does not object, and such an application shall not, by reason only of that failure, be treated as not having been duly made. Schedule 10Amendments 1. In this Schedule "the commencement date" for the purposes of any provision of this Schedule means the day appointed under section 87(2) for the coming into operation of that provision; "existing licence" means a licence granted under the Licensing Acts (Northern Ireland) authorising the sale of intoxicating liquor, which was in force immediately before the commencement date, but does not include a special dealer's licence; "Licensing Acts (Northern Ireland)" means the statutory provisions set out in Schedule 12; "off-licence" means a licence granted under the Licensing Acts (Northern Ireland) authorising the sale by retail of intoxicating liquor for consumption off the premises specified in the licence; Definitions spent 2.(1) Where, immediately before the commencement date, the authority conferred by an existing licence was limited to the sale of intoxicating liquor of a particular kind or kinds, the licence shall, on and after that date, be authority for the sale of intoxicating liquor of any kind. (2) Where, immediately before the commencement date, more than one licence limited as mentioned in sub-paragraph (1) was in force for any premises, both or all those licences shall, on and after that date, be deemed to be a single licence. 3.Sub-para.(1) spent (2) Where, before the commencement date, notice of an application to a court of summary jurisdiction for the grant of an off-licence has been published and served under the Licensing Acts (Northern Ireland), the court may proceed to hear the application and exercise any power which is exercisable by a county court under this Act in relation to the grant of licences and the court may treat the application as duly made notwithstanding that some provision of Schedule 1 has not been complied with. (3) Where a court of summary jurisdiction exercises the jurisdiction conferred by sub-paragraph (2), the provisions of this Act and of county court rules relating to the grant of licences (except any provision requiring the clerk of the Crown and peace to send documents to the clerk of petty sessions) shall have effect with any necessary modifications; and if the licence is granted it shall be signed by the presiding resident magistrate, and section 38(1) shall have effect accordingly. Paras. 46 spent 7.(1) On the first occasion on which, after the commencement date, an application is made for the renewal of an existing licence which was granted, for premises that are specified in the application as being of a kind mentioned in section 3(1)(c), (a)before 31st July 1902 or (b)between 30th July 1902 and the commencement date otherwise than under section 2(2) of the Licensing (Ireland) Act 1902 or section 9(a)(ii) of the Intoxicating Liquor Act (Northern Ireland) 1923, Sub-para.(2) spent Paras. 818 spent 19.(1) Where (a)the divisional commander of any police division certifies that in consequence of any occurrence in the course of civil unrest the holder of a licence for premises in that division is unable to carry on business under the licence in those premises; and (b)immediately before the commencement date the holder is carrying on that business in other premises, (2) Where by virtue of sub-paragraph (1) an order is deemed to have been made under section 26 a court may make a further order or orders by virtue of subsection (5) of that section notwithstanding that the premises in which the business is being carried on are not in the vicinity of the licensed premises or their site. Paras.20, 21 spent Schedule 12Repeals Sections 27(3), 86(1).Sections 49(2), 86(1).1902 c.18 1923 c.12

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	Statutes of Northern Ireland
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Statutes of Northern Ireland