Licensing Bill

[AS INTRODUCED]

CONTENTS

1.         Interpretation

2.         Meaning of “outdoor stadium”

3.         Licences for outdoor stadia

4.         Attachment of conditions to licences

5.         Temporary continuance of business

6.         Additional permitted hours and suitability for functions

7.         Requirements with respect to sale of intoxicating liquor

8.         Commencement and short title

A

B i l l

TO

Make provision for the granting of licences to authorise the sale of intoxicating liquor at outdoor stadia.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Interpretation

1. In this Act—

“the Department” means the Department for Social Development;

“the principal Order” means the Licensing (Northern Ireland) Order 1996 (N.I. 22).

Meaning of “outdoor stadium”

2.—(1) Article 2 of the principal Order (interpretation) shall be amended in accordance with subsections (2) and (3).

(2) In paragraph (2), after the definition of “occasional licence” there shall be inserted—

““outdoor stadium” has the meaning given in Article 2C”.

(3) In paragraph (4) for “(k)” there shall be substituted “(l)”.

(4) After Article 2B there shall be inserted—

“Meaning of “outdoor stadium”

2C.—(1) In this Act “outdoor stadium” means any premises—

      (a)  which have been designated as a regional or national stadium in regulations, subject to negative resolution, made by the Department; or

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

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

      (ii)  accommodation which is capable of seating 8000 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)(ii) “permanent seats” means seats that are permanently attached to a part of the building or to a structure that is permanently so attached.”.

Licences for outdoor stadia

3.—(1) Article 5 of the principal Order (premises for which licences may be granted) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1), after sub-paragraph (k) there shall be inserted—

“(l) an outdoor stadium.”.

(3) In paragraphs (3) and (6), for “(k)” there shall be substituted “(l)”.

(4) In Article 22 of the principal Order (transfer of licences), in paragraph (6)(c)(ii) for “(k)” there shall be substituted “(l)”.

Attachment of conditions to licences

4.—(1) In Article 7 of the principal Order (grant of licences), in paragraph (12) after the words “or an indoor arena” there shall be inserted “or an outdoor stadium”.

(2) In Article 15 of the principal Order (renewal of licences by a court)—

      (a)  in paragraph (2)(e)(ii), for “(k)” there shall be substituted “(l)”;

      (b)  in paragraph (2)(f), for the words “or an indoor arena” there shall be substituted “, an indoor arena or an outdoor stadium”; and

      (c)  in paragraph (6A) after “indoor arena” there shall be inserted “or an outdoor stadium”.

(3) After Article 77A of the principal Order (attachments of conditions to licences for indoor arenas) there shall be inserted—

“Outdoor stadia

Attachment of conditions to licences for outdoor stadia

77B.—(1) Without prejudice to Article 7(12) or 15(6A), a court of summary jurisdiction may at any time where an application is made to it under this Article, exercise with respect to a licence for an outdoor stadium, the powers conferred on it by paragraph (2).

(2) The court may, if satisfied that it is appropriate to do so—

      (a)  attach to the licence such conditions as it thinks fit, or

      (b)  vary or remove any condition attached to the licence.

(3) An application for the purposes of paragraph (2)(a) may only be made by the district commander of the police district in which the outdoor stadium is situated.”.

Temporary continuance of business

5. In Article 29 of the principal Order (temporary continuance of business in other premises), in paragraph (2A), in both places where it occurs, for “indoor arena,” there shall be substituted “indoor arena or an outdoor stadium,”.

Additional permitted hours and suitability for functions

6.—(1) In Article 48 of the principal Order (suitability of certain premises for functions), in paragraph (4) after sub-paragraph (dd) there shall be inserted—

“(de) an outdoor stadium;”.

Requirements with respect to sale of intoxicating liquor

7.—(1) Article 52A of the principal Order shall be renamed “Indoor arenas and outdoor stadia”.

(2) In Article 52A of the principal Order in paragraph (1) for “indoor arena,” there shall be substituted “indoor arena or an outdoor stadium”.

(3) In Article 58 of the principal Order (young persons prohibited from certain premises), in paragraph (13) after sub-paragraph (f) there shall be inserted—

“(g) in any part of an outdoor stadium containing a kiosk or other salespoint from which food and beverages, including intoxicating liquor, are made available for purchase.”.

Commencement and short title

8.—(1) Section 1 and this section come into operation on the day after this Act receives Royal Assent.

(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

(3) An order under this section is made by negative resolution and may contain such transitional provision and such transitory modifications of this Act or the principal Order as appear to the Department to be necessary or expedient in connection with any provision brought into operation by the order.

(4) This Act may be cited as the Licensing Act (Northern Ireland) 2015.