The Licensing (Northern Ireland) Order 1996

• Citation: S.I. 1996/3158 (N.I.)
• Sections: 215

Section 1 Title and commencement

(1) This Order may be cited as the Licensing (Northern Ireland) Order 1996.

(2) This Order shall come into operation on the expiration of 2 months from the day on which it is made.

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“appeal”, except in Article 83(1), includes an appeal by way of case stated;

“ballroom” means any premises which are structurally adapted and used or intended to be used for the purpose of public dancing and the use of which for such dancing is licensed under Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985;

“bar” means an open bar;

“business” includes any business whether or not carried on for profit;

“bus station” means premises which—

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

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;

“children's certificate” means a certificate granted under Article 59;

“cider” includes perry;

“cinema” means any place which is used primarily and ordinarily for a film exhibition within the meaning of Article 2 of the Cinemas (Northern Ireland) Order 1991 and the use of which for such exhibitions is licensed under Article 3 of that Order;

“common part”, in relation to any premises, means a part open II generally to all residents or to a particular class of them;

“conference centre” means any premises for which there is in force a certificate from the Northern Ireland Tourist Board stating that the conference centre conforms to the requirements prescribed by regulations made with the concurrence of the Department of Economic Development;

“the Department” means the Department of Health and Social Services;

“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;

“doctor” means a fully registered person within the meaning of section 55 of the Medical Act 1983;

“extension licence” means a licence granted under Article 47(1);

“guest house” means the premises of any establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the category of tourist establishment mentioned in Article 12(1)(b) of that Order;

“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;

“higher education institution” has the same meaning as in Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993;

“holder of a licence” includes a person such as is mentioned in Article 28(2);

“hotel”, without prejudice to paragraph (5) means the premises of any establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the category of tourist establishment mentioned in Article 12(1)(a) of that Order;

“housing authority” means—

a public body exercising functions under the Housing (Northern Ireland) Order 1981;

the Department of the Environment;

“indoor arena” has the meaning given in Article 2A;

“intoxicating liquor” means spirits, wine, beer, cider and any other fermented, distilled or spirituous liquor, but does not include—

...

perfumes;

flavouring essences recognised by the Commissioner of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor;

spirits, wine or made-wine so medicated as to be, in the opinion of the Commissioners, intended for use as a medicine and not as a beverage;

any liquor which is of a strength not exceeding 0.5 per cent at the time of the sale or other conduct in question;

and expressions used in sub-paragraphs ... (d) and (e) shall have the same meaning as in the Alcoholic Liquor Duties Act 1979;

“licence” means a licence under this Order authorising the sale of intoxicating liquor by retail but except in Articles 57A, 57B, 58 to 61, 63, 65 , 69A to 69J and 82(3) does not include an occasional licence;

“licensed premises”

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 under Article 34(2) as the part or parts of those premises in which intoxicating liquor is permitted to be sold by retail;

in the case of an hotel, means the hotel premises;

and for the purposes of Articles 52C, 52D, 52E, 55, 57A, 57B, 58 to 65 , 69A to 69J and 82(3) and (5) includes the place or premises specified in an occasional licence;

“licensing period” means a period of 5 years beginning on 1st October 1997 or any quinquennial of that date;

“main table meal” means a meal which is in its entirety, or which includes, a main course and which is eaten by a person seated at—

a table; or

a counter or other structure which serves the purpose of a table and which is not used—

wholly or mainly as a bar; or

for the service of refreshments for consumption by persons not seated at a table or that counter or structure;

“major event order” means an order under Article 48A;

“modify” means making additions, omissions, amendments or substitutions;

“notice” means notice in writing;

“occasional licence” means a licence granted under Article 30(1);

“ outdoor stadium ” has the meaning given in Article 2AA;

“owner”

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;

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;

“parent”, in relation to a person under the age of 18, includes any individual who—

has parental responsibility for that person (within the meaning of the Children (Northern Ireland) Order 1995), or

has care of that person.

“permitted hours”, subject to Articles 43, 44, 44A 45 , 47 and 48A , means the hours specified in Article 42;

“pharmacist” means a registered pharmaceutical chemist;

“place of public entertainment” means—

premises used as a theatre;

premises used as a cinema;

premises used as a ballroom;

premises on a licensed track within the meaning of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985;

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 sub-division”, in relation to a sub-divisional commander, means the sub-division for which that commander acts;

“protection order” means an order granted under Article 26;

“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 paragraph;

“regulations” means regulations made by the Department subject (except as otherwise provided in this Order) to negative resolution;

“renewal date” means 1st September;

“resident”, in relation to premises of a kind mentioned in Article 5(1)(a), an hotel or a guest house, means a guest or traveller who has lodged in the premises, hotel, or guest house for the preceding night or has in writing engaged a room for the succeeding night;

“restaurant” means any premises which are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with a main table meal at midday or in the evening, or both; but does not include premises of a kind mentioned in Article 5(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—

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

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;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“sub-divisional commander” means a sub-divisional commander of the Royal Ulster Constabulary;

“suspended licence” means a licence suspended under Part V;

“theatre” means any place which is used primarily and ordinarily for theatrical performances and the use of which for such performances is licensed under Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985;

(3) References in this Order to premises include references to their curtilages.

(4) References in this Order to premises as being of any kind are references to them as being of one of the kinds mentioned in Article 5(1)(a) to (m) .

(5) For the purposes of this Order, except the provisions thereof relating to the grant of licences, licensed premises shall be treated as an hotel if—

(a) a note showing that the licence was granted before 31st July 1902 or under Article 4(1) of the Licensing (Northern Ireland) Order 1978 or Article 12(1) of the Licensing (Northern Ireland) Order 1990 or Article 11(1) of this Order in lieu of such a licence, 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 premises are those of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(b) or (c) of that Order; or

(b) the licence was granted after 30th July 1902 and before 1st October 1968 or a note showing that the licence was granted under Article 4(1) of that Order of 1978 or Article 12(1) of that Order of 1990 or Article 11(1) of this Order in lieu of such a licence has been made on the licence and recorded in the register of licences in respect of the premises, 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 those of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(a) of that Order, and

(iii) continue to have no public bar for the sale of intoxicating liquor;

and for the purposes of this paragraph where a note and record are made under Article 4(1) of that Order of 1978 or Article 12(1) of that Order of 1990 or Article 11(1) of this Order the licence granted under that Article 4(1) or Article 12(1) or Article 11(1), as the case may require, and the licence in lieu of which that licence is granted shall be treated as a single licence and the premises licensed under those licences shall be treated as the same premises.

(6) In this Order any reference to selling intoxicating liquor by retail is a reference to selling such liquor as mentioned in section 4(4) of the Alcoholic Liquor Duties Act 1979, and any reference to making such liquor available for purchase by retail shall be construed accordingly.

(6A) In this Order any reference to the production of intoxicating liquor includes a reference to the brewing, fermenting or distilling of intoxicating liquor but does not include a reference merely to the packaging of intoxicating liquor.

(7) Any request which under any provision of this Order 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.

(8) In this Order 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.

(9) In this Order any reference to the police sub-division in which a person resides shall, where that person is a body corporate, be construed as a reference to each police sub-division in which it carries on business under a licence.

(10) In this Order any reference to a sub-divisional commander of a police sub-division includes a reference to any other member of the Royal Ulster Constabulary nominated by him.

(11) In this Order (other than Part 4A and Article 77A(3)) any reference to a district commander for a police district includes a reference to any other member of the Police Service of Northern Ireland nominated by the district commander.

Section 2A Meaning of “indoor arena”

(1) In this Order “indoor arena” means any premises—

(a) which are structurally adapted and used, or intended to be used, for the purpose of providing a venue for a variety of indoor events and activities; and

(b) which consists of—

(i) an area where the events and activities take place; and

(ii) accommodation which is capable of seating the prescribed number of persons or more on permanent seats and wholly or substantially surrounds the area where the events and activities take place.

(2) For the purposes of paragraph (1)(b)—

(a) the prescribed number of persons is 5000 or such other number as the Department may prescribe by regulations; and

(b) “permanent seats” means seats that are permanently attached to a part of the building or to a structure that is permanently so attached.

Section 2B Application to limited liability partnerships

In its application to a limited liability partnership, this Order shall have effect with the following modifications—

(a) a reference to a director of a body corporate is a reference to a member of a limited liability partnership;

(b) in Article 2(7), the reference to the secretary of a body corporate is a reference to any designated member of a limited liability partnership.

Section 2AA Meaning of “outdoor stadium”

In this Order outdoor stadium means any premises—

(a) which are structurally adapted and used, or intended to be used, for the purpose of providing a venue primarily for a variety of outdoor sporting events and activities,

(b) which include one or more areas for indoor events and activities, and

(c) which are designated in regulations as a stadium which the Department considers to be of importance to the whole of Northern Ireland.

Section 3 Prohibition on sale of intoxicating liquor without a licence

(1) Except as permitted by this Order, 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.

(2) 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 Order to sell such liquor by retail,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both and any intoxicating liquor found in his possession and its containers shall be liable to be forfeited.

(3) Where intoxicating liquor is sold or made available for purchase in any premises in contravention of this Article, 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 Article.

(4) Without prejudice to Article 80, for the purposes of this Article a vessel shall be deemed to be premises and paragraph (3) shall apply to the master of a vessel as it applies to the occupier of premises.

Section 4 Persons to whom licences may be granted

(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) the character, reputation and financial standing of the applicant;

(b) the qualifications and experience of the applicant to manage the business which is, or is proposed to be, carried on under the licence, or the qualifications and experience 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, the applicant 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, reputation and financial standing 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) Where a person becomes or ceases to be a director of a body corporate which is the holder of a licence, the body must, within the period of 28 days of that change taking effect, serve notice of the change upon—

(a) the chief clerk; and

(b) the district commander of the police district in which any premises to which the licence applies are situated.

(6) A person who contravenes paragraph (5) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 5 Premises for which licences may be granted

(1) Without prejudice to Article 80, 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 business carried on under the licence is the business of selling intoxicating liquor by retail for consumption either in or off the premises;

(b) premises in which the business carried on under the licence is the business of selling intoxicating liquor by retail for consumption off the premises;

(c) an hotel;

(d) a guest house;

(e) a restaurant;

(f) a conference centre;

(g) a higher education institution;

(h) a place of public entertainment;

(i) a refreshment room in public transport premises;

(j) a seamen's canteen.

(k) an indoor arena

(l) an outdoor stadium. ;

(m) premises in which the business of producing intoxicating liquor is carried on in accordance with any certificate of registration, licence or other authorisation which is required by a statutory provision.

(2) Regulations, made subject to affirmative resolution, may prescribe the conditions under which any business authorised by the licence may be carried on in premises of a kind mentioned in paragraph (1)(a) or (b).

(3) Subject to paragraph (5) and to Articles 48B(2) to (6), 51(1)(b) and 52C(1) , a licence shall not authorise the sale of intoxicating liquor in premises of any kind mentioned in paragraph (1)(c) to (m) ,—

(a) unless, subject to Article 17(3)—

(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) except in the case of premises of a kind mentioned in Article 5(1)(m), 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 Article 34(2) ... 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 (3)(a) shall not apply where a note showing that the licence was granted—

(i) before 31st July 1902; or

(ii) between 30th July 1902 and 3rd May 1971 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; or

(iii) under Article 4(1) of the Licensing (Northern Ireland) Order 1978 or Article 12(1) of the Licensing (Northern Ireland) Order 1990 or Article 11(1) of this Order in lieu of an existing licence to which head (i) or (ii) applied,

has been made on the licence and recorded in the register of licences in respect of the premises;

(b) paragraph (3)(b) 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 sub-paragraph (a) has been made on the licence and recorded in the register of licences in respect of the premises.

(6) Subject to Article 17(3), where any person, being the holder of a licence for premises of a kind mentioned in paragraph (1)(c) to (l) , himself or by his servant or agent, either sells intoxicating liquor or makes it available for purchase in those premises in contravention of paragraph (3) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

(7) Paragraph (1)(m) applies only where the business in question is carried on wholly or mainly in Northern Ireland.

Section 5A Remote sales: requirement for off-licence

Where a sale of intoxicating liquor by retail is made otherwise than in person and the premises from which the intoxicating liquor is despatched are in Northern Ireland, the sale is not authorised for the purposes of this Order unless—

(a) the premises are licensed for the sale of intoxicating liquor for consumption off the premises, and

(b) the person making the sale, personally or by a servant or agent, is the person who holds that licence.

Section 6 Premises for which licences shall not be granted

(1) The premises in which the sale of intoxicating liquor shall not be authorised by a licence shall be—

(a) premises situated on a service area; and

(b) premises in which the principal business carried on is the business of a garage or premises which form part of such premises.

(2) In this Article—

“service area” has the same meaning as in Article 2(2) of the Roads (Northern Ireland) Order 1993;

“garage”, in relation to a business, means—

the retailing of petrol or derv; or

the sale or maintenance of motor vehicles.

Section 7 Grant of licences

(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.

(3) On an application for the grant of a licence, the court shall hear the objections, if any, made under Part I of Schedule 1.

(4) A court shall refuse an application for the grant of a licence unless it is satisfied—

(a) subject to paragraph (5)(a), that the procedure relating to the application set out in Part I of Schedule 1 has been complied with; and

(b) that the applicant is a fit person to hold a licence; and

(ba) that the applicant is aware of the responsibilities under any code of practice which the Department has approved under Article 76F (and from which it has not withdrawn its approval); and

(c) that the premises are of the kind specified in the application; and

(d) subject to paragraph (5)(b), that the premises are suitable to be licensed for the sale of intoxicating liquor by retail; and

(e) where the premises are of a kind mentioned in Article 5(1)(a) or (b)—

(i) subject to paragraph (6), 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 Article 9 or any sites approved under Article 10 will be, inadequate; and

(ii) subject to paragraph (7), that a subsisting licence for premises of either such kind, or a subsisting licence in respect of which the note and record mentioned in Article 5(5)(a) 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; and

(f) either—

(i) that there is in force planning permission to use the premises as premises of the kind specified in the application for the period during which the licence would be in force; or

(ii) that the premises may be used as such premises for that period without such permission.

(5) A court may grant a licence notwithstanding—

(a) that the procedure relating to the application set out in Part I of Schedule 1 has not been complied with if, having regard to the circumstances, it is reasonable to do so; or

(b) that the premises are not suitable to be licensed for the sale of intoxicating liquor if they will be made suitable in consequence of an order under Article 8.

(6) Without prejudice to paragraph 6 of Schedule 3, paragraph (4)(e)(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 Article 10 as a site for licensed premises of the kind specified in the application.

(7) Paragraph (4)(e)(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 has 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 5 years immediately preceding the date of the application for the licence, a previous licence (including a licence under the Licensing (Northern Ireland) Order 1990 or the Licensing Act (Northern Ireland) 1971 or under statutory provisions repealed by that 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 that Order or Act or any of those statutory provisions or annulled under any of those provisions.

(8) For the purposes of paragraph (7)(a)(ii) an order under section 131(3)(b) of the Local Government Act (Northern Ireland) 1972 shall have effect as if it were an order under section 33 of the New Towns Act (Northern Ireland) 1965.

(9) Schedule 2 defines the circumstances in which a licence is or is not to be treated as a subsisting licence.

(10) Where a court grants a licence in respect of premises of a kind mentioned in Article 5(1)(a) and the applicant for that licence has applied to the court for a direction specifying that on Sundays there shall be no permitted hours on the premises, the court shall give such a direction.

(11) Where a court grants a licence in respect of a guest house, the court shall attach to the licence a condition that there shall be afforded in the guest house adequate sitting accommodation in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of intoxicating liquor.

(12) A court which grants a licence in respect of a place of public entertainment or an indoor arena or an outdoor stadium may attach to the licence such conditions as it thinks fit.

(13) Where by virtue of the grant of a licence in respect of any premises, those premises are licensed premises to which regulations under Article 108(1)(b) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 apply the court may, on an application by the sub-divisional commander of the police sub-division in which those premises are situated, give a direction specifying the number of gaming machines which may be made available for gaming on the licensed premises in accordance with the provisions of Article 108 of that Order.

(14) Where the court refuses an application for the grant of a licence, it shall specify in its order the reasons for its refusal.

(15) Where the court gives a direction under paragraph (10) or (13) the chief clerk shall note the direction on the licence.

Section 8 Grant of licence conditional on alterations being made in premises

(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; or

(ii) 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 paragraph (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 paragraph (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 paragraph (1) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Section 9 Provisional grant of licences

(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 paragraph (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) Article 7 shall apply in relation to the provisional grant of licences as if—

(a) references to the grant of a licence were references to the provisional grant of a licence;

(b) references to the premises for which a licence is sought were references 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, paragraph (4)(b) 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 plans 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 paragraph (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,

shall, subject to paragraph (9), declare the grant of the licence final, if it is satisfied—

(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 paragraph (6), and

(ii) that the applicant is a fit person to hold a licence.

(8) The procedure for applications by persons such as are mentioned in paragraph (7) to have the provisional grant of licences declared final is set out in Part III of Schedule 1.

(9) A county court shall not entertain an application made under paragraph (7) after the expiration of 2 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.

Section 10 Preliminary approval of sites and disposal in certain cases

(1) A housing authority proposing to develop or re-develop 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 Parts I and II of Schedule 3 shall have effect in connection with applications under paragraph (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 on the sites; and the provisions as to expenses in Part III of that Schedule shall also have effect.

Section 11 Grant of new licence in lieu of existing licence

(1) Where the holder of a licence which has been renewed under Article 17 (or which could have been so renewed if the renewal date had fallen between the date of the discontinuance of the principal business and the date when his application for a new licence comes before the county court) applies to a county court for the grant or provisional grant of a new licence in lieu of the existing licence, and the court is satisfied that the premises for which the new licence is sought are, or will be,—

(a) where the existing licence was granted—

(i) before 31st July 1902, or

(ii) between 30th July 1902 and 3rd May 1971 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,

premises of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(a) of that Order, or

(b) where the existing licence is for premises to which Article 2(5)(a) applied—

(i) an hotel as defined by section 1(3) of the Intoxicating Liquor Act (Northern Ireland) 1923; and

(ii) premises of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(b) or (c) of that Order, or

(c) where the existing licence is for premises to which Article 2(5)(b) applied—

(i) without a public bar for the sale of intoxicating liquor; and

(ii) premises of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to the statutory category of tourist establishment mentioned in Article 12(1)(b) of that Order,

the court, if it grants the licence applied for, may order that a statement be noted on the licence and recorded in the register of licences to the effect that the licence is granted in lieu of an existing licence of that description.

(2) In this Article “principal business” means the business of an hotel or the business of providing accommodation for guests in premises such as are mentioned in Article 2(5)(a) or (b).

Section 12 Effect on new licence of suspension of surrendered, or previous, licence

(1) Where a suspended licence is surrendered as mentioned in Article 7(4)(e)(ii) or 9(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 Article 7(7)(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,

the new licence shall be expressed not to come into force, or, as the case requires, shall be declared not to become final, until the expiration of the period of suspension.

(3) For the purpose of paragraph (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.

Section 13 Duration of new licences

(1) Subject to the succeeding provisions of this Article, a licence shall, unless suspended, remain in force from the date on which it is granted until—

(a) the expiration of—

(i) the then current licensing period, or

(ii) such lesser period ending on 30th September as the court shall determine, or

(b) if it is granted within the 3 months immediately preceding the expiration of the then current licensing period, the expiration of—

(i) the next following licensing period, or

(ii) such lesser period ending on 30th September as the court shall determine.

(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 Article 12(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 8 weeks after the appeal is determined, if it would have earlier ceased to be in force but for the provisions of this sub-paragraph.

(3) Where a licence granted provisionally is at any time declared final, paragraphs (1) and (2) shall apply as if the licence were granted at that time.

(4) Paragraph (1) shall not prejudice the operation of paragraph (2)(c) and Articles 20, 25(b), 26(7) and 28, under which a licence may, or may be deemed to, continue in force after the time when it would otherwise expire.

(5) Where, on granting a licence, a county court gives a direction under Article 7(13) and the holder of the licence appeals against that direction, the direction shall not take effect until the appeal is determined or abandoned.

Section 14 Renewal of licences

(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 Article.

(2) The procedure for applications for the renewal of licences is set out in Part I of Schedule 4.

(3) Subject to paragraph (4), where notice of an application for the renewal of a licence otherwise than under Article 16 or 23 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 application is in respect of the renewal of a licence which has been in force for a period determined by the court under Article 13(1)(a)(ii) or (b)(ii) or Article 21 (1)(b)(ii) or (c)(ii), or

(b) a notice of objection has been served on the clerk and has not been withdrawn, or

(c) the licensed premises have been altered 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), or

(d) the application for renewal is in respect of premises of a kind mentioned in Article 5(1)(a) for which the applicant has also applied to the court for—

(i) a direction specifying that on Sunday there shall be no permitted hours on the premises, or

(ii) the cancellation of such a direction, or

(e) the application for renewal is made by virtue of Article 18 or with respect to a licence to which Article 77(4) or Article 80(3) applies, or

(f) the application for renewal is in respect of licensed premises for which the applicant has also applied to the court for the variation of a direction specifying the number of gaming machines which may be made available on the licensed premises or, where such a direction has not been given in respect of the licensed premises, for which the sub-divisional commander of the police division in which the licensed premises are situated has applied for such a direction, or

(fa) the clerk is not satisfied that the applicant has been complying with any code of practice which the Department has approved under Article 76F (and from which it has not withdrawn its approval); or

(g) 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,

the clerk shall require the application to be made to the court and shall notify the applicant and the objectors, if any, of the requirement and of the time and place of the hearing.

(5) Where a licence is renewed, the clerk shall note the renewal on the licence.

Section 15 Renewal of licences by a court

(1) On an application for the renewal of a licence to a court of summary jurisdiction, the court shall hear the objections, if any, made under Part I of Schedule 4.

(2) A court shall refuse an application for the renewal of a licence unless it is satisfied—

(a) subject to paragraph (3)(a), that the procedure relating to the application set out in Part I of Schedule 4 has been complied with; and

(b) that the applicant is a fit person to hold a licence; and

(ba) that the applicant is aware of the responsibilities under, and has been complying with, any code of practice which the Department has approved under Article 76F (and from which it has not withdrawn its approval); and

(c) subject to Article 18(3),—

(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) subject to paragraph (3)(b), that the premises are suitable to be licensed for the sale of intoxicating liquor by retail; and

(d) 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

(e) subject to Article 18(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 Article 5(1)(c) to (m) other than an hotel in respect of which the note and record mentioned in Article 5(5)(a) have been made, the business to which the sale of intoxicating liquor under the licence is ancillary,

has not been discontinued; and

(f) where the licence is in respect of a guest house , a place of public entertainment , an indoor arena or an outdoor stadium , that the conditions attached to the licence by the court under Article 7(11) or, as the case may be, (12) have been observed.

(3) A court may renew a licence notwithstanding—

(a) that the procedure relating to the application set out in Part I of Schedule 4 has not been complied with if, having regard to the circumstances, it is reasonable to do so; or

(b) that the premises are not suitable for the sale of intoxicating liquor by retail, if they will be made suitable in consequence of an order under paragraph (7).

(4) For the purposes of paragraph (2)(e)(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) A court which renews a licence in respect of premises of a kind mentioned in Article 5(1)(a), on the application of the holder of the licence—

(a) where a direction has not been given under Article 7(10), shall give such a direction; or

(b) shall cancel a direction given under sub-paragraph (a) or Article 7(10).

(6) A court which renews a licence for any premises which are licensed premises to which regulations under Article 108(1)(b) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 apply may—

(a) where a direction has not been given under Article 7(13) in respect of the licensed premises, on an application by the sub-divisional commander of the police sub-division in which the licensed premises are situated, give such a direction; or

(b) on an application by the sub-divisional commander mentioned in sub-paragraph (a), vary a direction given under sub-paragraph (a) or Article 7(13); or

(c) on an application by the holder of the licence, vary or cancel a direction given under sub-paragraph (a) or Article 7(13).

(6A) A court which renews a licence for an indoor arena or an outdoor stadium may attach to the licence such conditions as it thinks fit.

(7) Article 8 shall apply in relation to the renewal of a licence as if—

(a) references to the court granting a licence were references to a court renewing a licence; and

(b) in paragraph (2) the reference to the person whose name has been notified to the court as the owner of the premises were a reference to the person whose name is recorded in the register of licences as the owner of the premises.

(8) Where the court refuses an application for the renewal of a licence or for the variation or cancellation of a direction under paragraph (6) it shall specify in its order the reasons for its refusal.

(9) Where the court gives or cancels a direction under paragraph (5) or (6) or varies a direction under paragraph (6) the clerk of petty sessions shall note the direction, cancellation or variation, as the case may require, on the licence.

Section 16 Power to renew licences out of time

Where the holder of a licence which falls to expire on the 30th September fails to serve due notice of an application for its renewal before the renewal date a court of summary jurisdiction, upon application made in compliance with the procedure set out in Part I of Schedule 4 as modified by Part II of that Schedule not later than the end of the period of 12 months from the date on which the licence expires, may renew the licence—

(a) if it is satisfied that there was good reason for the failure; or

(b) upon the payment of such additional fee as may be fixed by order under section 116 of the Judicature (Northern Ireland) Act 1978 for each month or part of a month between the renewal date and the time when application is made under this Article for the renewal of the licence.

Section 17 Renewal of licences in respect of certain premises

(1) Subject to paragraph (2), where a licence was granted for premises in which a principal business was carried on and an application for the renewal of the licence is made to a court of summary jurisdiction, the court, if satisfied that the principal business has been discontinued in consequence of damage caused to premises and an application has been, or will be made under the Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971 or the Criminal Damage (Compensation) (Northern Ireland) Order 1977 for compensation for that damage, and that there is a likelihood that, within a reasonable period, either—

(a) the principal business will be resumed in the licensed premises, or

(b) an application will be made to a county court for a new licence in lieu of the existing licence to enable the business to be carried on in other premises (whether on the same site or not), or

(c) an application will be made to the county court for a new licence and the licence sought to be renewed is proposed to be surrendered as a subsisting licence,

may grant the renewal for a period of 12 months notwithstanding that—

(i) the licensed premises have ceased to exist; or

(ii) the principal business has been discontinued; or

(iii) the premises are no longer premises of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992 to a statutory category of tourist establishment or, as the case may be, no longer provide accommodation approved by the Northern Ireland Tourist Board.

(2) Where an application for the renewal of the licence has been made on 2 previous occasions in respect of any premises the court shall not grant the renewal under paragraph (1) unless the applicant—

(a) satisfies the court that there were reasonable grounds for the failure either to resume the principal business in the licensed premises or to make an application for a new licence; and

(b) produces evidence to the court that he is taking the necessary steps to resume that business or make that application within the next 12 months.

(3) Where in respect of any period of 12 months a licence is renewed under this Article, Articles 5(3)(a), 44 , 44A and 45 and Article 5(6) in so far as it relates to Article 5(3)(a) shall not apply to the conduct of the licensed business in the licensed premises during that period.

(4) In this Article—

“principal business” means the business of an hotel or the business of providing accommodation for guests in premises such as are mentioned in Article 2(5)(a) or (b);

“licensed business” means the business of selling intoxicating liquor in premises in which a principal business is carried on.

Section 18 Renewal of licence pending grant of new licence

(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 Article 29 authorising the temporary continuance in other premises of the business authorised to be carried on under the licence,

the holder may, for the purpose of keeping the licence in force in order that it may be surrendered as a subsisting licence, apply under Article 14 for a renewal of the licence, and the court, if satisfied that it will be surrendered within a reasonable period, may renew the licence.

(2) Where the holder of a licence has died, his personal representative may apply under paragraph (1) for the renewal of the licence, and the court may renew the licence in his name.

(3) Article 15(2) shall apply for the purposes of an application for renewal under paragraph (1) as if sub-paragraphs (c) and (e) were omitted.

Section 19 Renewal of suspended licences

The renewal of a suspended licence shall not affect the suspension.

Section 20 Continuance of licence pending determination of appeal

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.

Section 21 Duration of renewed licence

(1) Subject to paragraph (2) and Article 17(1), on the renewal of a licence it shall, unless suspended, remain in force until—

(a) if it is renewed by the clerk of petty sessions during the month of September immediately preceding the expiration of the then current licensing period, the expiration of the next following licensing period; or

(b) if it is renewed by a court within the 3 months immediately preceding the expiration of the then current licensing period, the expiration of—

(i) the next following licensing period, or

(ii) such lesser period ending on 30th September as the court shall determine; or

(c) if it is renewed by a court in any other case, the expiration of—

(i) the then current licensing period, or

(ii) such lesser period ending on 30th September as the court shall determine.

(2) Paragraph (1) shall not prejudice the operation of Articles 13(2)(c), 20, 25(b), 26(7) and 28, under which a licence may, or may be deemed to, continue in force after the time when it would otherwise expire.

(3) Where, on renewing a licence, a court of summary jurisdiction gives a direction under Article 15(5)(a) or varies or cancels any direction given under Article 7(13) or 15(5)(a) and the holder of the licence appeals against the direction, variation or cancellation, as the case may require, the direction, variation or cancellation shall not take effect until the appeal is determined or abandoned.

Section 22 Transfer of licences

(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 Article shall apply in relation to the transfer of a licence provisionally granted as if the reference in paragraph (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.

(5) On an application for the transfer of a licence the court shall hear the objections, if any, made under Schedule 5.

(6) A court shall refuse an application for the transfer of a licence unless it is satisfied—

(a) subject to paragraph (7), that the procedure relating to the application set out in Schedule 5 has been complied with; and

(b) that the applicant is a fit person to hold a licence; and

(ba) that the applicant is aware of the responsibilities under any code of practice which the Department has approved under Article 76F (and from which it has not withdrawn its approval); and

(c) subject to paragraph (8), that—

(i) the business carried on in the premises under the licence, and

(ii) in the case of premises of a kind mentioned in Article 5(1)(c) to (m) other than an hotel in respect of which the note and record mentioned in Article 5(5)(a) have been made, the business to which the sale of intoxicating liquor under the licence is ancillary,

has not been discontinued.

(7) A court may transfer a licence notwithstanding that the procedure relating to the application set out in Schedule 5 has not been complied with if, having regard to the circumstances, it is reasonable to do so.

(8) Paragraph (6)(c) shall not apply to the transfer of a licence which is provisionally granted.

(9) For the purposes of paragraph (6)(c)(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.

(10) Where the licence is transferred, the clerk of petty sessions shall note the transfer on the licence.

(11) Where the court refuses to transfer a licence, it shall specify in its order the reasons for its refusal.

Section 23 Concurrent transfer and renewal of licences

(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 Article unless the application is made—

(a) within the 3 months immediately preceding the date on which the licence is due to expire; or

(b) not later than the end of the period of 12 months from the date on which the licence expired; or

(c) during the currency of a protection order.

(3) The procedure for applications under this Article for the renewal of licences is set out in Part I of Schedule 4 as modified by Part II of that Schedule.

Section 24 Transfer of suspended licences

(1) Subject to paragraph (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 Article the suspension of a protection order made in connection with a licence shall be deemed to be a suspension of the licence.

Section 25 Appeal from transfer

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 8 weeks after the appeal is determined, if it would have earlier ceased to be in force but for the provisions of this sub-paragraph.

Section 26 Protection orders

(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 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) A court of summary jurisdiction may, on an application made in compliance with the procedure set out in Schedule 6, make the protection order if it is satisfied 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 paragraph (2) or (3).

(5) 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 Order (other than those relating to the renewal or transfer of licences and the foregoing provisions of this Article) shall apply as if the person to whom the order is granted were the holder of that licence.

(6) Without prejudice to the generality of paragraph (5), 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.

(7) 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.

Section 27 Supplementary provisions relating to protection orders

(1) A protection order shall, unless suspended, remain in force—

(a) for a period of 6 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 8 weeks after that time;

but, notwithstanding the foregoing provisions of this paragraph, it shall cease to have effect—

(i) on the transfer of the licence; or

(ii) on the making of a further protection order under paragraph (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 Article 26(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 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.

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

(1) Where at any time—

(a) the holder of a licence dies or is adjudged bankrupt, or a composition or scheme proposed by him is approved under Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989, ... 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;

the personal representative or, as the case requires, the person who is for the time being trustee in bankruptcy, supervisor of the composition or scheme, ... receiver, committee, guardian or liquidator shall be in the same position as regards carrying on business under the licence as if he were the holder of that licence.

(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 2 months from the date of his death, or

(b) a protection order is made, or

(c) paragraph (1) becomes applicable by reason of the appointment of a personal representative,

whichever first occurs.

(3) The authority conferred on any person by virtue of paragraph (1) or (2) to carry on a business in licensed premises shall be suspended on the expiration of the period of 2 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 paragraph (and, if he is carrying it on by virtue of paragraph (1), the capacity in which he is doing so) upon—

(a) the clerk of petty sessions; and

(b) the district commander of the police district in which the premises are situated;

but the authority, if so suspended, shall revive upon the service of such a notice.

Section 29 Temporary continuance of business in other premises

(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 Article 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 made by him in compliance with the procedure set out in Schedule 6, 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,

for such period, not exceeding 6 months, as the court thinks fit.

(2) A court shall not make an order under paragraph (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 Article 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.

(2A) Where the original premises were an indoor arena or outdoor stadium, the court may consider an application under this Article notwithstanding that the premises in which it is proposed to continue the business are not, or will not be, an indoor arena or outdoor stadium, within the meaning of this Order.

(3) An application under this Article shall be made to a court of summary jurisdiction ....

(4) Where an order has been made under paragraph (1), a court of summary jurisdiction may, on application by the holder of the licence, make such further order or orders under that paragraph as it thinks fit.

(5) The temporary continuance of a business under this Article shall cease—

(a) at the end of the period specified in an order or a further order made under paragraph (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,

whichever first occurs.

(6) Where under this Article a court authorises the temporary continuance of a business in any premises—

(a) those premises shall be deemed to be the licensed premises;

(b) Article 15(2) shall apply in relation to the renewal of the licence as if sub-paragraph (c)(ii) were omitted.

Section 30 Occasional licences

(1) A court of summary jurisdiction ..., or a clerk of petty sessions acting under paragraph (3), may, on an application made, in compliance with the procedure set out in Schedule 7, by a person who is the holder of a licence for premises to which this Article applies, grant an occasional licence authorising that person to sell intoxicating liquor by retail—

(a) subject to paragraph (2), at such place, other than those premises, and

(b) during such period not exceeding 6 days at any one time, and

(c) between such hours, being the hours—

(i) on week-days between half past 11 in the morning and 1 in the morning of the day next following, or

(ii) on Sundays, between half past 12 in the afternoon and 1 in the morning of the day next following, , and

(d) if a request has been made under paragraph 4A of Schedule 7, subject to such terms and conditions,

as may be specified in the occasional licence.

(1A) An occasional licence may not be granted for any part of premises of a kind mentioned in Article 5(1)(m) to which an order under Article 52E applies.

(2) Not more than 13 occasional licences shall be granted on one application.

(3) Subject to paragraph (4), where notice of an application for an occasional licence has been served upon the clerk of petty sessions, he may grant the occasional 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 clerk is of the opinion, for any other reason, that an application for the grant of an occasional licence should be made to the court,

the clerk shall require the application to be made to the court and shall notify the applicant and the objectors, if any, of the requirement and of the time and place of the hearing.

(4A) In the case of an occasional licence which is subject to terms and conditions imposed under paragraph (1)(d), a court of summary jurisdiction may, if it is satisfied on an application by the holder of the licence that it is appropriate to do so, vary or remove any of those terms or conditions.

(4B) Schedule 7 applies in relation to an application under paragraph (4A) as it applies in relation to an application for the grant of an occasional licence.

(5) An occasional licence shall not authorise—

(a) the sale of intoxicating liquor otherwise than—

(i) as ancillary to a function to which this sub-paragraph applies which is to be held at the place and during the period and hours specified in the licence; and

(ii) where the applicant is the holder of a licence for a restaurant, as ancillary to a main table meal; and

(b) the sale of intoxicating liquor for consumption off the place specified in the licence.

(6) The functions to which sub-paragraph (5)(a) 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.

(7) The days mentioned in paragraph (1)(b) may be in the same week or consecutive weeks, but nothing in this Article shall permit an occasional licence to authorise the sale of intoxicating liquor on Christmas Day ....

(8) If the holder of an occasional licence or any servant or agent of his sells intoxicating liquor in contravention of paragraph (5), the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8A) Where an occasional licence has been granted subject to terms and conditions under paragraph (1)(d) and any of those terms or conditions is not observed, the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(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 Order, 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 paragraph, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) In any proceedings for an offence under paragraph (9) the burden of proving that any delay in admittance 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 level 2 on the standard scale.

(12) Where upon complaint made under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981, a court of summary jurisdiction is satisfied that functions held at the place specified in an occasional licence have been conducted so as to cause undue inconvenience to persons residing in the vicinity of that place, that court may—

(a) revoke any other occasional licences granted in respect of that place; or

(b) order that the place specified in the licence shall not be a place for which an occasional licence may be granted; or

(c) make any licences mentioned in sub-paragraph (a) subject to such terms and conditions as the court thinks fit.

(13) In this Article “place” includes “premises”.

(14) The premises to which this Article applies are—

(a) premises of a kind mentioned in Article 5(1)(a);

(b) an hotel;

(c) a restaurant.

Section 31 Consent required for certain alterations to premises

(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; or

(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,

unless either—

(i) an application under this Article 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 ....

(2) The procedure for applications under paragraph (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 paragraph (1)(ii).

(3) If any alteration such as is mentioned in paragraph (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 paragraph (3) may be extended by order of a court of summary jurisdiction on the application of the holder of the licence.

(5) If paragraph (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 level 2 on the standard scale.

(6) If the holder of the licence makes default in complying with an order under paragraph (3), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Section 32 New licence required on reconstruction of premises

(1) Subject to paragraphs (2) and (3), where licensed premises (in this Article 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 Article 29(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;

but shall not be authority for the sale of intoxicating liquor in the reconstructed premises.

(2) Paragraph (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) Paragraph (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 Article 31(1) or is ordered to be made as mentioned in Article 31(3).

Section 33 Form of licence

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.

Section 34 Register of licences

(1) The Department of Justice shall cause to be kept (whether by clerks of petty sessions or otherwise) a register, in such form as may be prescribed, of licences granted under this Order; and there shall be recorded in the register in respect of each licence—

(a) the matters which under Article 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 condition imposed under Article 7(12) or any direction given under Article 7(10) or 15(5)(a) and any cancellation of any such direction;

(d) particulars of any direction given under Article 7(13) or 15(6) and particulars of any variation or cancellation of any such direction;

(e) particulars of any protection order and of any notice served under Article 28(3);

(f) particulars of any order made under Article 8(1) or (3), 31 (1), (3) or (4), 43, 44 , 44A or 48 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 Article 31(1)(ii);

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) particulars of any conviction of the licence holder of any offence such as is mentioned in Article 75(1) and of any order made in consequence of the conviction;

(ha) particulars of any conviction of the licence holder of any offence under this Order and of any penalty points endorsed on the licence or any suspension order made in consequence of the conviction;

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) such other matters as may be prescribed by regulations.

(2) The Department of Justice shall also arrange for the keeping of the plans received under , Article 8(1)(b), paragraph 4 of Schedule 6 and paragraph 8 of Schedule 8, and those plans shall be deemed to be matters which are required to be, and have been, recorded in the register under paragraph (1).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Department of Justice may cause such alterations to be made in the register as are necessary to ensure that the matters recorded therein in respect of any licence are accurate.

Section 35 Inspection of register

A register of licences may be inspected and copies of all or any part of any entry in the register may be taken at all reasonable hours.

Section 36 Information for Department

The Department of Justice shall, in respect of each such period as the Department may specify, arrange for a statement to be sent to the Department showing the number of premises of each of the kinds mentioned in Article 5 having a current licence and containing such other information as the Department may require

Section 37 Register of licences to be evidence

(1) A register of licences shall be received in evidence of the matters required by or under this Order 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 ... 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.

Section 38 Proof, etc., of licence

(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 a clerk of petty sessions 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 Order as the licence.

(3) The clerk of petty sessions may issue a document under paragraph (2) where he is satisfied that the licence has been lost or destroyed.

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

A vesting order made in exercise of powers under any statutory provision 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.

Section 40 Temporary occupation of licensed premises for purpose of carrying on business

(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 statutory provision to acquire land compulsorily, the authority, without prejudice to their powers under any statutory provision other than this Article, 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 paragraph (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 Article 4(3) to have retained the estate which he held in those premises immediately before the acquisition by the authority.

(3) The expiration of any right to occupy granted under paragraph (1) or of any estate deemed to have been retained under paragraph (2) shall not be treated as an expiration of a tenancy for the purpose of paragraph 2(a)(ii) of Schedule 2.

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

(1) Except as permitted by or under this Order, 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,

except during the permitted hours.

(2) Any person who contravenes this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) This Article shall not apply to licensed premises such as are mentioned in Article 53(1) at an international airport.

Section 42 General permitted hours

(1) Subject to the succeeding provisions of this Part, the permitted hours for premises of a kind mentioned in Article 5(1), except premises of a kind mentioned in Article 5(1)(b) or (m) (subject to paragraph (6)) or a place of public entertainment, are the hours—

(a) on week-days, other than ... Christmas Day, from half past 11 in the morning to 11 in the evening; and

(aa) on Sundays, other than Christmas Day, from half past 12 in the afternoon to 11 in the evening; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) on Christmas Day, from half past 12 in the afternoon to 10 in the evening.

(1A) Neither paragraph (1)(aa) nor, in a year when Christmas Day is on a Sunday, paragraph (1)(c) applies in the case of premises of a kind mentioned in Article 5(1)(a) with respect to which a direction under Article 7(10) or 15(5)(a) is in force.

(2) The permitted hours for premises of a kind mentioned in Article 5(1)(b) or (m) (subject to paragraph (6)) are the hours—

(a) on week-days, other than Christmas Day, from 8 in the morning to 11 in the evening; and

(b) on Sunday, not being Christmas Day ..., from 10 in the morning to 10 in the evening.

(3) The permitted hours for a place of public entertainment are that part of the hours mentioned in paragraph (1)(a) ... and, in the case of a cinema, a theatre or (subject to paragraph (4)) premises on a licensed track , paragraph (1)(aa) and (c) which comprises—

(a) the period of an entertainment; and

(b) periods, not exceeding 30 minutes in each case, which immediately precede the commencement and immediately succeed the termination of an entertainment.

(4) The permitted hours for premises on a licensed track do not include any time on Christmas Day.

(5) In this Article, “licensed track” has the meaning given in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.

(6) In the case of premises of a kind mentioned in Article 5(1)(m) to which an order under Article 52E applies, the permitted hours for a part of the premises specified in the order on a day on which an authorisation under Article 52F has effect are the hours on that day from 4 in the afternoon to 10 in the evening.

Section 43 Alternative permitted hours for off-sales

(1) In respect of premises of a kind mentioned in Article 5(1)(a),—

(a) a county court which grants a licence or declares a licence provisionally granted to be final, on the application of the person applying for the grant or declaration, or

(b) a court of summary jurisdiction, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9,

may, by order, direct that the permitted hours for a part of the premises for which the court imposes a condition under paragraph (2) shall be the hours mentioned in Article 42(2).

(2) A court shall not make an order under paragraph (1) unless it 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,

and the court may insert in the licence a condition that the specified part shall not be used for the sale of intoxicating liquor for consumption in the premises.

(3) An order under paragraph (1) and the condition, if any, inserted under paragraph (2) may be revoked by a court of summary jurisdiction—

(a) on the application of the holder of the licence; or

(b) where, upon complaint made under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981, the court is not satisfied, in a case where the order was made under paragraph (1), that the condition mentioned in paragraph (2) has been, and the requirements of sub-paragraphs (a) and (b) of that paragraph have continued to be, complied with.

Section 44 Orders for additional permitted hours

(1) Subject to Article 17(3), where part or parts of premises, which are or include premises to which this Article applies, are structurally adapted and used, or intended to be used, for the purpose of habitually providing, for the accommodation of persons frequenting it, such entertainment or refreshment as is mentioned in paragraph (2)(i), (ii) or (iii) and the sale of intoxicating liquor is ancillary to that entertainment or refreshment—

(a) a county court which grants a licence or declares a licence provisionally granted to be final, on the application of the person applying for the grant or declaration, or

(b) a court of summary jurisdiction, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9,

may make an order under this paragraph.

(2) An order under paragraph (1) may direct that, on such days as may be specified in the order, the hours on any day from 11 in the evening to 1 in the morning of the day next following shall , in addition to the hours mentioned in Article 42(1), be included in the permitted hours for any such part or parts of the premises specified in the order for the purposes of the sale, before the provision of—

(i) musical or other entertainment; or

(ii) substantial refreshment; or

(iii) both such entertainment and refreshment;

has ended, of intoxicating liquor for consumption on any such part or parts of the premises, and the consumption of such liquor.

(3) A court shall not make an order under paragraph (1) unless it is satisfied that—

(a) the business will be conducted during the hours mentioned in paragraph (2) 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 premises; and

(b) the hours mentioned in paragraph (2) will not cause undue inconvenience to persons residing in the vicinity of the premises.

(4) An order under paragraph (1) may be revoked by a court of summary jurisdiction on the application of the holder of the licence.

(5) Where, upon complaint made under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981, a court of summary jurisdiction is satisfied—

(a) that the business carried on in premises to which an order under paragraph (1) applies is being conducted during the hours mentioned in paragraph (2) 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; or

(b) that such hours are causing undue inconvenience to persons residing in the vicinity of the premises; or

(c) in the case of a complaint made by the sub-divisional commander of the police sub-division in which the premises are situated, that the specified part or parts of the premises are not being used for the purpose of habitually providing entertainment or substantial refreshment or both entertainment and substantial refreshment, as the case may require,

the court may—

(i) revoke the order; or

(ii) modify the order or, in relation to the order, the hours mentioned in paragraph (2); or

(iii) make the continuance of the order subject to such terms and conditions as the court thinks fit.

(6) Nothing in this Article shall permit an order under paragraph (1) to authorise the sale of intoxicating liquor—

(a) on Christmas Day, ... or

(b) to a person admitted to the premises—

(i) less than 30 minutes before the end of the hours mentioned in paragraph (2), or

(ii) where the provision of entertainment or substantial refreshment or both entertainment and substantial refreshment is due to cease before the end of those hours, less than 30 minutes before that cessation.

(7) Nothing in paragraph (2) shall require the provision of substantial refreshment during the 30 minutes before the end of the hours mentioned in that paragraph.

(8) In this Article “entertainment” does not include any form of entertainment given otherwise than by persons actually present and performing.

(9) No part of any premises shall be treated for the purposes of this Article as used, or intended to be used, for the purpose of habitually providing entertainment or substantial refreshment or both entertainment and substantial refreshment unless it is used, or intended to be used, for the purpose of providing such entertainment or refreshment during the hours mentioned in paragraph (2) and for a substantial period preceding the end of the general permitted hours mentioned in Article 42(1) on every day or on particular days in every week, any break for a period or periods not exceeding 2 weeks in any 3 successive months, or on any special occasion, or by reason of any emergency being disregarded.

(10) The premises to which this Article applies are—

(a) an hotel;

(b) a restaurant;

(c) a conference centre;

(d) a higher education institution;

(dd) an indoor arena;

(e) any part of premises of a kind mentioned in Article 5(1)(a) which, in the case of a part specified in an order under paragraph (1) where substantial refreshment is to be habitually provided, are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with a main table meal at midday or in the evening, or both.

Section 44A Public houses or hotels: order for further additional permitted hours

(1) In the case of premises of the kind referred to in Article 5(1)(a) or an hotel, a county court or court of summary jurisdiction may, when making an order under Article 44(1), also make an order under paragraph (3) or (4) of this Article.

(2) In the case of premises of the kind referred to in Article 5(1)(a), or an hotel, to which an order under Article 44 applies, a court of summary jurisdiction may, at any time, upon the application of the holder of the licence for those premises made in compliance with the procedure set out in Schedule 9, make an order under paragraph (3) or (4).

(3) An order under this paragraph may direct that, on each day specified in the order (being a day specified in the order under Article 44), an additional hour beginning immediately after the end of the period authorised by the order under Article 44 is to be included in the permitted hours for the premises to which that order applies for the purposes referred to in paragraph (2) of that Article.

(4) An order under this paragraph may direct that, on each day specified in the order (being a day other than one specified in the order under Article 44), the hours that would be included in the permitted hours if the day were one specified in the order under Article 44 and an additional hour beginning immediately after the end of those hours are to be included in the permitted hours for the premises to which that order applies.

(5) An order under paragraph (4) is subject to a condition that, during the hours authorised by the order, the premises may be used for the sale of intoxicating liquor only if they are also being used for the provision of—

(a) musical or other entertainment; or

(b) substantial refreshment; or

(c) both such entertainment and refreshment.

(6) In paragraph (5), “entertainment” has the same meaning as in Article 44 (see paragraph (8) of that Article).

(7) A court must not make an order under paragraph (3) or (4) unless the court is satisfied that—

(a) the business will be conducted during the hours mentioned in that paragraph 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 premises; and

(b) the hours mentioned in that paragraph will not cause undue inconvenience to persons residing in the vicinity of the premises.

(8) The court may, accordingly, make the order subject to such terms and conditions as the court thinks fit for the purpose of avoiding such inconvenience as is mentioned in paragraph (7).

(9) Subject to paragraph (10), where notice of an application under paragraph (2) has been served on the clerk of petty sessions, the clerk may make the order sought as if the application had been made to the clerk and may do so in the absence of the applicant.

(10) Where—

(a) a notice of objection to the application has been served upon the clerk and has not been withdrawn, or

(b) the clerk is of the opinion, for any other reason, that the application should be made to the court,

the clerk must require the application to be made to the court and must notify the applicant and the objector, if any, of the requirement and of the time and place of the hearing.

(11) Paragraphs (6) and (7) of Article 44 apply in relation to an order under paragraph (3) or (4) of this Article as they apply in relation to an order under paragraph (1) of that Article; and for that purpose—

(a) the reference to that Article in the opening words of paragraph (6) of that Article is to be read as including a reference to this Article, and

(b) the references to paragraph (2) of that Article are to be read as references to paragraph (3) or (as the case may be) paragraphs (4) and (5) of this Article.

(12) Not more than 104 days in any year may be specified in an order or orders made under this Article.

(13) Regulations may modify paragraph (12) so as to substitute a different number of days for the number for the time being specified there.

(14) Regulations may not be made under paragraph (13) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

Section 44B Orders under Article 44A: revocation, modification etc.

(1) An order under Article 44A may be revoked or modified by a court of summary jurisdiction on the application of the holder of the licence.

(2) Where a court of summary jurisdiction is, in the case of premises in relation to which an order under Article 44A has been made, satisfied for the purposes of paragraph (3), the court may act under paragraph (4) in relation to the order.

(3) A court is satisfied for the purposes of this paragraph in the case of premises if, on a complaint made under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981, it is satisfied that, on a previous day specified in an order under Article 44A in relation to the premises—

(a) the business carried on in the premises was conducted during the hours mentioned in paragraph (3) or (4) of Article 44A (as the case may be) 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; or

(b) such hours caused undue inconvenience to persons residing in the vicinity of the premises; or

(c) in the case of a complaint made by the district commander for the police district in which the premises are situated, the specified part or parts of the premises were not used for the purposes mentioned in paragraph (3) or (5) of Article 44A (as the case may be).

(4) The court may—

(a) revoke the order under Article 44A that is referred to in paragraph (2) of this Article; or

(b) modify the order or, in relation to the order, the hours mentioned in paragraph (3) or (4) of Article 44A (as the case may be); or

(c) make the continuance of the order subject to such terms and conditions as the court thinks fit.