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Licensing and Registration of Clubs (Amendment) Bill - As Amended at Consideration Stage

Licensing Bill - As Amended at CS - Full Print Version.pdf (421.18 kb)

Licensing and Registration of Clubs
(Amendment) Bill


[AS AMENDED AT CONSIDERATION STAGE]


CONTENTS


PART 1
LICENSING


Permitted hours


1. Removal of additional restrictions at Easter
2. Removal of restrictions on late opening for on-sales on Sunday
3. Public houses and hotels: further additional hours
4. Alignment of closing time for liquor and entertainment
5. Police authorisations for additional hours
6. Extension of “drinking-up time”
7. Major events
8. Licensed race tracks: Sunday sales


Types of licensed premises


9. Places of public entertainment: inclusion of cinemas


Local alcohol producers

 

10. Licence for off-sales
11. Sales and consumption of intoxicating liquor in local producer’s premises
12. Restrictions on occasional licences


Remote sales


13. Requirement for off-licence


Young people in licensed premises


14. Removal of requirement for children’s certificate, etc.
15. Underage functions
16. Private functions
17. Delivery of intoxicating liquor to young persons


Conduct of licensed premises


18. Restaurants and guest houses: notice displaying licence conditions
19. Prohibition on self-service and sales by vending machines
20. Restrictions on off-sales drinks promotions in supermarkets etc.
21. Prohibition of loyalty schemes
22. Minimum unit pricing
23. Occasional licences: conditions


Miscellaneous


24. Independent review of the licensing system and surrender principle
25. Annual publication of the number of operational liquor licences
26. Code of practice

Licensing and Registration of Clubs (Amendment)
27. Body corporate: change of directors
28. Removal of exemption for angostura bitters


PART 2
REGISTRATION OF CLUBS


Extension of premises


29. Sporting clubs


Alterations to premises

30. Consent required for alterations to premises

Permitted hours

31. Removal of additional restrictions at Easter
32. Removal of restrictions on late opening on Sunday
33. Extension of “drinking-up time”
34. Increase in number of authorisations for special occasions
35. Major events


Young people in registered clubs


36. Removal of requirement for children’s certificate, etc.
37. Underage functions
38. Private functions

39. Young people prohibited from bars

Conduct of registered clubs

 

 

40. Prohibition on self-service and supply by vending machines
41. Restrictions relating to advertisements


Miscellaneous


42. Code of practice


PART 3


GENERAL


43. Guidance
44. Review
45. Interpretation
46. Minor and consequential amendments
47. Repeals
48. Commencement and short title


SCHEDULES:

Schedule 1 Minor and consequential amendments
Schedule 2 Repeals



A


BILL


TO


Make provision about liquor licensing and the registration of clubs.
BE IT ENACTED by being passed by the Northern Ireland Assembly and
assented to by Her Majesty as follows:


PART 1


LICENSING


Permitted hours


Removal of additional restrictions at Easter
1.
—(1) In Article 30 of the Licensing Order (occasional licences), in paragraph
(7), omit “, Easter Day or Good Friday”.
(2) In Article 42 of that Order (general permitted hours), in paragraph (1)—
(a) in sub-paragraph (a), omit “Good Friday or”, and
(b) omit sub-paragraph (b) and the following “and”.
(3) In paragraph (2)(b) of that Article, omit “or Easter Day”.
(4) In paragraph (3) of that Article, omit “and (b)”.
(5) In Article 44 of the Licensing Order (additional permitted hours), in
paragraph (6)(a), omit “Easter Day or Good Friday,”.
(6) In Article 45 of that Order (authorisations for additional permitted hours), in
paragraph (3)(a) omit “, Easter Day or Good Friday”.
(7) In Article 47 of that Order (extension licences), in paragraph (6)(a) omit
“Easter Day or Good Friday,”.
(8) In Article 50 of that Order (restrictions as to sales for consumption off
premises), in paragraph (1), omit “or Easter Day”.

Removal of restrictions on late opening for on-sales on Sunday

2.—(1) In Article 30 of the Licensing Order (occasional licences), in paragraph
(1)(c), for paragraphs (ii) and (iii) substitute—
“(ii) on Sundays, between half past 12 in the afternoon and 1 in the
morning of the day next following,”.
(2) In Article 42 of the Licensing Order (general permitted hours)—
(a) in paragraph (1), after sub-paragraph (a) and the following “and” insert—
“(aa) on Sundays, other than Christmas Day, from half past 12 in the
afternoon to 11 in the evening; and”,
(b) in paragraph (1)(c), for the words from “except” to “Christmas Day”
substitute “on Christmas Day,”, and
(c) in paragraph (3), for “paragraph (1)(c)” substitute “paragraph (1)(aa) and
(c)”.
(3) In Article 42 of the Licensing Order, after paragraph (1) insert—
“(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.”.
(4) In Article 44 of the Licensing Order (orders for additional permitted hours),
in paragraph (2), for the words from “the hours—” to “shall” substitute “the hours
on any day from 11 in the evening to 1 in the morning of the day next following
shall”.
(5) In Article 45 of that Order (authorisations for additional permitted hours), in
paragraph (1), for the words from “the hours—” to “in addition to” substitute “the
hours on any day from 11 in the evening to 1 in the morning of the day next
following in addition to”.
(6) In Article 47 of that Order (extension licences), in paragraph (1)(b), for
paragraphs (ii) and (iii) substitute—
“(ii) on Sundays, between half past 12 in the afternoon and 1 in the
morning of the day next following,”.”.


Public houses and hotels: further additional hours


3.
—(1) After Article 44 of the Licensing Order insert—

“Public houses or hotels: order for further additional permitted hours

44A.—(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.


Orders under Article 44A: revocation, modification etc.


44B.—(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.”.
(2) In Schedule 9 to the Licensing Order (procedure for certain applications),
after paragraph 2 insert—
“2A. A person who intends to make an application under Article 44 or
44A must (in addition to complying with the duty under paragraph 2)—
(a) not more than 6 weeks nor less than 2 weeks before the time of
the court sitting at which the application is to be made, cause
notice of the application to be published at least once in 2
newspapers circulating in the vicinity of the premises to which
the application relates;
(b) during the 3 weeks before that time, cause notice of the
application to be displayed on or near the premises to which the
application relates.”.”.
(3) In that Schedule—
(a) in the title, after “44” insert “, 44A”,
(b) in paragraph 1, after “44” insert “, 44A”, and
(c) in paragraph 4, after sub-paragraph (b) insert—
“(ba) in the case of an application under Article 44A, on any ground
mentioned in Article 44A(5) or (7);”.


Alignment of closing time for liquor and entertainment


4.
After Article 44B of the Licensing Order (inserted by section 3(1)) insert—


“Alignment of closing time for liquor and entertainment


44C.—(1) This Article applies in relation to any occasion on which an
entertainments licence in force in respect of premises to which an order
under Article 44 applies would (but for this Article) permit entertainment
that was being provided in the premises to continue to be provided in the
premises after the end of the hours mentioned in Article 44(2).
(2) The hours mentioned in Article 44(2) do not apply in relation to the
premises on that occasion and the hours specified in Article 42 apply
instead in relation to the premises on that occasion.
(3) But the entertainments licence continues in force on that occasion
and accordingly permits entertainment to be provided in the premises after
the end of the hours specified in Article 42.
(4) If an order under Article 44A(3) or (4) applies in relation to the
premises, the references in this Article to the hours mentioned in Article
44(2) are to be read as including a reference to the additional hour
authorised by that order.
(5) The references in this Article to the hours specified in Article 42 are
references to those hours as extended by Article 46.
(6) In this Article—
“entertainment” has the same meaning as in Article 44, and

“entertainments licence” means a licence under paragraph 3 of
Schedule 1 to the Local Government (Miscellaneous Provisions)
(Northern Ireland) Order 1985.”.


Police authorisations for additional hours


5.
—(1) In Article 45 of the Licensing Order (authorisations for additional
permitted hours), in paragraph (1)—
(a) omit “other than premises to which an order under Article 44 applies”,
(b) before “occasion to which the application relates” insert “first”, and
(c) in the full-out words at the end, for “on any 1 occasion specified in the
authorisation” substitute “on such occasions specified in the authorisation
as the commander thinks fit”.
(2) After that paragraph insert—
“(1A) In the case of premises to which an order under Article 44 applies,
an authorisation under this Article is subject to a condition that, during the
additional hours authorised, 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.
(1B) In paragraph (1A), “entertainment” has the same meaning as in
Article 44 (see paragraph (8) of that Article).”.
(3) For paragraph (2) of that Article substitute—
“(2) In the case of premises to which an order under Article 44 applies,
not more than 20 authorisations shall be granted under this Article to the
holder of the licence of the premises in any year.
(2A) In the case of premises of any other description, not more than 104
authorisations shall be granted under this Article to the holder of the
licence of the premises in any year.
(2B) Regulations may modify paragraph (2) or (2A) so as to substitute a
different number of authorisations for the number for the time being
specified there.
(2C) Regulations may not be made under paragraph (2B) unless a draft
of the regulations has been laid before, and approved by a resolution of,
the Assembly.”.
(4) After paragraph (3) of that Article insert—
“(4) A person who intends to make an application under this Article
shall—
(a) during the 3 weeks before the first occasion to which the
application relates, cause notice of the application to be displayed
on or near the premises for which the authorisation is to be sought;
(b) not less than 3 weeks before that time, serve a copy of the notice of
the application on the district council for the district in which the
premises are situated.

(5) The notice under paragraph (4) must specify the kind of premises to
which the application relates and must contain such information as may be
prescribed by magistrates’ courts rules.
(6) The following provisions of this Article apply where a complaint is
made to a court of summary jurisdiction under Part 8 of the Magistrates’
Courts (Northern Ireland) Order 1981 on the grounds—
(a) that the business carried on in premises to which an authorisation
under this Article applies is being conducted during the hours
mentioned in paragraph (1) 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.
(7) Where the court is satisfied that the grounds of the complaint are
made out, it may—
(a) revoke the authorisation; or
(b) modify the authorisation or, in relation to the authorisation, the
hours mentioned in paragraph (1); or
(c) make the continuance of the authorisation subject to such terms
and conditions as the court thinks fit.
(8) The terms and conditions which may be imposed under paragraph
(7)(c) include those requested by the district commander of the police
district in which the premises are situated.”.


Extension of “drinking-up time”


6.
—(1) In Article 46 of the Licensing Order (exceptions from prohibition of sale
etc. of intoxicating liquor outside permitted hours), in paragraph (1), in each of
sub-paragraphs (a) and (b), for “30 minutes” substitute “60 minutes”.
(2) After paragraph (3) of that Article insert—
“(4) Regulations may modify paragraph (1)(a) or (b) so as to substitute
“30 minutes” for “60 minutes”.
(5) Regulations may not be made under paragraph (4) unless a draft of
the regulations has been laid before, and approved by a resolution of, the
Assembly.”.


Major events


7.
—(1) After Article 48 of the Licensing Order (but before the following crossheading) insert—


“Major event orders


Extension of permitted hours for major events


48A.—(1) Where the Department considers that an event which is to
take place in Northern Ireland will attract significant public interest

(whether throughout Northern Ireland or in certain areas only), it may
make an order (a “major event order”) which—
(a) designates the event as a major event, and
(b) provides that, during the period specified in the order, the
permitted hours for any place or premises to which the order
applies are the hours specified in the order.
(2) A major event order may apply to—
(a) all licensed premises either in Northern Ireland as a whole or in the
area or areas specified;
(b) all licensed premises of a specified kind either in Northern Ireland
as a whole or in the area or areas specified;
(c) any place or premises for which an occasional licence has been
granted and which is or are situated on the site where the event is
to take place.
(3) In specifying an area for the purposes of paragraph (2)(a) or (b), a
major event order may in particular do so by reference to the place or
premises at which the event is to take place or the area in the vicinity of
the place or premises.
(4) The Department may vary or revoke a major event order; and the
circumstances in which it may revoke an order include, in a case where the
period specified under paragraph (1)(b) includes two or more days,
circumstances in which it considers it necessary to do so because of
disorder, or expected disorder, at or in the vicinity of the place or premises
at which the event is taking place.
(5) The period specified in a major event order may not include
Christmas Day.
(6) The hours specified in a major event order are in addition to the
hours permitted by any occasional licence, any order under Article 44 or
44A, any authorisation under Article 45 or any extension licence, which
applies to a place or premises to which the major event order applies.
(7) If, in the case of premises to which an order under Article 44, 44A or
48 applies, the event designated by a major event order is to take place on
a day which is not specified in an order under Article 44 or 44A or an
extension licence, the major event order has effect as if that day were so
specified.
(8) A major event order may make consequential, incidental or
supplementary provision (including provision which modifies provisions
of this Order for the purpose of giving effect to the major event order).
(9) Before making a major event order, the Department must consult
such persons as it considers appropriate.


Major event order: conditions


48B.—(1) A major event order may impose conditions; and it may
(without prejudice to the generality of section 17(5)(b)(ii) of the
Interpretation Act (Northern Ireland) 1954) impose conditions which, in

Licensing and Registration of Clubs (Amendment) Pt.1
particular, vary according to whether they relate to the sale of intoxicating
liquor for consumption on, or for consumption off, a place or premises.
(2) A major event order may not authorise at any place or premises,
other than the place or premises at which the event is to take place, the sale
of intoxicating liquor for consumption off that place or premises.
(3) Accordingly, a major event order may, in so far as it applies to a
place or premises for which an occasional licence has been granted,
authorise during the period specified under Article 48A(1)(b) the sale of
intoxicating liquor for consumption off the place or premises specified in
the licence, despite the prohibition in Article 30(5)(b).
(4) Paragraphs (2) and (3) do not apply in the case of a place or premises
for which an occasional licence has been granted to the holder of a licence
for a restaurant.
(5) A major event order which authorises the sale of intoxicating liquor
for consumption in a place or premises also authorises, during the first 60
minutes after the conclusion of the hours specified in the order, the
consumption of intoxicating liquor in the place or premises.
(6) A major event order which authorises the sale of intoxicating liquor
for consumption off any place or premises also authorises, during the first
60 minutes after the conclusion of the hours specified in the order, the
taking of intoxicating liquor in a sealed container from the place or
premises.
(7) Regulations under Article 46(4) may also modify paragraph (5) or
(6) of this Article so as to substitute “30 minutes” for “60 minutes”.
(8) A major event order, in so far as it applies to premises of any of the
kinds mentioned in Article 5(1), does not affect the requirement to comply
with the conditions relating to the sale of intoxicating liquor which apply
to premises of that kind.
(9) Any person acting in contravention of a condition imposed by a
major event order is guilty of an offence and is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.”.
(2) In Part 1 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 3 fine), at the appropriate place insert—

“48B(9) Contravening condition of
major event order
3-4”

Licensed race tracks: Sunday sales
8.—
(1) In Article 42 of the Licensing Order (permitted hours), in paragraph (3),
after “a theatre” insert “or (subject to paragraph (4)) premises on a licensed track”.
(2) After that paragraph insert—
“(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.”.

Types of licensed premises

Places of public entertainment: inclusion of cinemas


9.—
(1) In Article 2 of the Licensing Order (interpretation) in paragraph 2—
(a) in the definition of “places of public entertainment”, after sub-paragraph
(a) insert—
“(aa) premises used for a film exhibition;”
(b) at the appropriate place insert—
““film exhibition” has the meaning assigned to it by section 2 of The
Cinemas (Northern Ireland) Order 1991 and means any premises licensed
under Article 3 of this Order.”
(2) In Article 42(3) of the Licensing Order (general permitted hours) after
“theatre” insert “or a premises used for a film exhibition”.


Local alcohol producers


Licence for off-sales


10.
—(1) In Article 5 of the Licensing Order (premises for which licence may be
granted), in paragraph (1), after sub-paragraph (1) insert “;
(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) After paragraph (6) of that Article insert—
“(7) Paragraph (1)(m) applies only where the business in question is
carried on wholly or mainly in Northern Ireland.”.
(3) After Article 52A of the Licensing Order insert—


“Local producer’s licence: sales on own premises


52B.—(1) A local producer’s licence shall not authorise—
(a) the sale of intoxicating liquor unless it is produced in the
production premises;
(b) the sale of intoxicating liquor for consumption in the production
premises.
(2) But a local producer’s licence shall, where one or more persons are
being given a tour of the production premises, authorise the provision to
each person of a sample of intoxicating liquor produced in the premises for
consumption in the premises, so long as no charge is made for providing
the sample separate from the charge made for giving the tour.
(3) In paragraph (2), “sample”, in relation to intoxicating liquor, means
an amount (whether in one serving or more) which does not exceed the
amount prescribed in regulations.
(4) Where the holder of a local producer’s licence, personally or by a
servant or agent, sells intoxicating liquor or makes it available for purchase
in the production premises in contravention of paragraph (1), the holder is
guilty of an offence.

(5) Where the holder of a local producer’s licence, personally or by a
servant or agent, provides a person with intoxicating liquor in
contravention of paragraph (2), the holder is guilty of an offence.
(6) Where intoxicating liquor is available for purchase in accordance
with this Article, the holder of the local producer’s licence shall at all times
display in the production premises a notice in the form and manner, and
containing the information, prescribed by regulations; and a person acting
in contravention of this paragraph is guilty of an offence.
(7) Where, having purchased intoxicating liquor from the holder of a
local producer’s licence, a person consumes the liquor—
(a) in the production premises, or
(b) in premises which adjoin or are near the production premises and
which belong to the holder of the licence or are under his control
or used by his permission,
that person and the holder of the licence, if the consumption is with the
holder’s or a servant’s or agent’s knowledge or consent, are each guilty of
an offence.
(8) A person guilty of an offence under paragraph (4) is 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.
(9) A person guilty of an offence under paragraph (5), (6) or (7) is liable
on summary conviction to a fine not exceeding level 3 on the standard
scale.
(10) In this Article and Articles 52C to 52F—
“local producer’s licence” means a licence for premises of a kind
mentioned in Article 5(1)(m), and
“production premises”, in relation to a local producer’s licence, means
the premises to which the licence relates.


Local producer’s licence: sale on other licensed premises


52C.—(1) A local producer’s licence shall authorise the holder of the
licence, personally or by a servant or agent, to sell by retail in licensed
premises to which this Article applies intoxicating liquor produced in the
production premises if the sale—
(a) is for consumption off those licensed premises, and
(b) is ancillary to an event which is held wholly or mainly to promote
food, drink or craftwork produced in Northern Ireland or relates to
agriculture in Northern Ireland.
(2) The licensed premises to which this Article applies are—
(a) an hotel;
(b) a conference centre;
(c) an indoor arena;
(d) an outdoor stadium;
(e) a place or premises specified in an occasional licence.

(3) Regulations may modify paragraph (2) so as to add or remove a
reference to licensed premises of a specified kind.
(4) Regulations may not be made under paragraph (3) unless a draft of
the regulations has been laid before, and approved by a resolution of, the
Assembly.
(5) Where the holder of a local producer’s licence, personally or by a
servant or agent, sells intoxicating liquor or makes it available for purchase
in contravention of paragraph (1), the holder is guilty of an offence.
(6) Where intoxicating liquor is made available for purchase in
accordance with this Article, the holder of the local producer’s licence
shall at all times display in the licensed premises to which this Article
applies at the point of sale of the intoxicating liquor a notice in the form
and manner, and containing the information, prescribed in regulations; and
a person acting in contravention of this paragraph is guilty of an offence.
(7) A person guilty of an offence under paragraph (5) is 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.
(8) A person guilty of an offence under paragraph (6) is liable on
summary conviction to a fine not exceeding level 3 on the standard scale.


Local producer’s licence: sales not on licensed premises


52D.—(1) A local producer’s licence shall authorise the holder of the
licence, personally or by a servant or agent, to sell by retail in a place
which is not licensed premises intoxicating liquor produced in the
production premises if the sale—
(a) is for consumption away from that place, and
(b) is ancillary to an event being held at that place, which is open to
the public and in relation to which each of the following three
conditions is satisfied.
(2) The first condition is that the Department, in response to a request
made by the person organising the event, has published a statement that, in
its opinion, the event—
(a) is being held to promote food, drink or craftwork produced in
Northern Ireland or relates to agriculture in Northern Ireland, and
(b) is of importance to the area of Northern Ireland in which it is being
held.
(3) The second condition is that a senior local police officer, in response
to a request made by the person organising the event, has given the person
written approval for intoxicating liquor to be sold at the event for
consumption away from the place where the event is being held.
(4) The third condition is that a senior local police officer, in response to
a request made by the holder of the local producer’s licence, has given the
holder written approval for the sale by the holder, or a servant or agent, of
intoxicating liquor at the event in accordance with this Article.

(5) A request under paragraph (2), (3) or (4) must be made in writing at
least two weeks before the day (or the first day) on which the event is due
to be held.
(6) In considering a request under paragraph (2), the Department must
consult such persons as it considers appropriate.
(7) The holder of a local producer’s licence is also authorised to provide
any person at the event in question with a sample of the intoxicating liquor
for consumption at the event as an inducement to purchase the intoxicating
liquor; and for this purpose, “sample” has the same meaning as in Article
52B.
(8) A person who, being the holder of a local producer’s licence,
personally or by a servant or agent, sells intoxicating liquor or makes it
available for purchase in contravention of paragraph (1), is guilty of an
offence.
(9) Where the holder of a local producer’s licence, personally or by a
servant or agent, provides a person with intoxicating liquor in
contravention of paragraph (7), the holder is guilty of an offence.
(10) Where intoxicating liquor is made available for purchase in
accordance with this Article, the holder of the local producer’s licence
shall at all times display at the point of sale of the intoxicating liquor a
notice in the form and manner, and containing the information, prescribed
by regulations; and a person acting in contravention of this paragraph is
guilty of an offence.
(11) Where, having purchased intoxicating liquor from the holder of a
local producer’s licence, a person consumes the liquor at the place where
the event is being held, that person and the holder of the licence, if the
consumption is with the holder’s or a servant’s or agent’s knowledge or
consent, are each guilty of an offence.
(12) A person guilty of an offence under paragraph (8) is 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.
(13) A person guilty of an offence under paragraph (9), (10) or (11) is
liable on summary conviction to a fine not exceeding level 3 on the
standard scale.
(14) In this Article—
“place” includes “premises”, and
“senior local police officer” means a police officer of, or above, the
rank of inspector designated for the purpose of giving approvals
under this Article by the district commander for the police district
in which the place where the event is being held is situated.”.
(4) In Article 2 of the Licensing Order (interpretation), after paragraph (6)
insert—
“(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.”.
(5) In Article 42 of that Order (general permitted hours), in each of paragraphs
(1) and (2), after “Article 5(1)(b)” insert “or (m)”.
(6) In each of the following provisions of that Order, after “Article 5(1)(b)”
insert “or (m)”—
(a) Article 46(1)(a)(ii) (exception for sales outside permitted hours),
(b) Article 56(1) (penalty for permitting consumption in unlicensed part of
premises), and
(c) Article 58(1)(b) (prohibition on young persons).
(7) In Part 1 of Schedule 1 to that Order (application for grant of licence), after
paragraph 3 insert—
“3A. In the case of an application for the grant of a licence for premises
of a kind mentioned in Article 5(1)(m), the notice mentioned in paragraph
1(c) must be accompanied by a copy of any certificate of registration,
licence or other authorisation which is required by a statutory provision for
the production of intoxicating liquor in the premises.”.
(8) In Part 1 of Schedule 4 to that Order (application for renewal of licence),
after paragraph 4 insert—
“4A. In the case of an application for the renewal of a licence for
premises of a kind mentioned in Article 5(1)(m), the notice mentioned in
paragraph 3 must be accompanied by a copy of any certificate of
registration, licence or other authorisation which is required by a statutory
provision for the production of intoxicating liquor in the premises.”.
(9) In Part 1 of Schedule 10A to that Order (penalty points for offences
punishable with level 3 fine), at the appropriate place insert—

“52B(9) Provision of sample in
contravention of local
producer’s licence.
Failure by local producer
to display notice on own
premises.
Consumption on premises
of intoxicating liquor
purchased there
3-4
52C(8) Failure by local producer
to display notice at point
of sale on other licensed
premises.
3-4
52D(13) Provision of sample in
contravention of local
producer’s licence.
Failure by local producer
to display notice at point
of sale at unlicensed
place.
3-4”


(10) In Part 2 of Schedule 10A to that Order (penalty points for offences
punishable with level 4 fine), at the appropriate place insert—

“52B(8) Failure by local producer
to comply with licence on
own premises
4-5
52C(7) Failure by local producer
to comply with licence on
other licensed premises
4-5
52D(12) Failure by local producer
to comply with licence at
unlicensed place
4-5”

Sales and consumption of intoxicating liquor in local producer’s premises


11.—
(1) After Article 52D of the Licensing Order (inserted by section 10(3))
insert—


“Local producer’s premises: suitability for on-sales


52E.—(1) In respect of premises which are of a kind mentioned in
Article 5(1)(m) and part of which is structurally adapted, and used or
intended to be used, for the purpose of providing persons frequenting the
premises with intoxicating liquor produced in the premises for
consumption in the premises—
(a) a county court which grants a local producer’s licence or declares a
local producer’s 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, on the application of
the holder of the local producer’s licence made in compliance with
the procedure set out in Schedule 9,
may, by order, specify any part of the premises as being suitable for the
sale of intoxicating liquor produced in the premises for consumption in the
premises during the hours specified in Article 42(4).
(2) A court shall not make an order under paragraph (1) unless it is
satisfied that the part of the premises specified in the order is suitable for
the sale of intoxicating liquor produced in the premises for consumption in
the premises.
(3) An order under paragraph (1) may be revoked by a court of summary
jurisdiction—
(a) on the application of the holder of the licence; or
(b) where, on complaint made under Part 8 of the Magistrates’ Courts
(Northern Ireland) Order 1981, the court is not satisfied that the
requirements of paragraph (2) have continued to be complied with.


Local producer’s premises: authorisation for on-sales


52F.—(1) In the case of premises of a kind specified in Article 5(1)(m)
in respect of which an application has been made for an order under Article
52E, the court hearing the application may, if it makes the order, also grant

an authorisation under this Article on an application made in compliance
with the procedure set out in Schedule 10.
(2) In the case of premises of that kind in respect of which an order
under Article 52E has effect, a court of summary jurisdiction may, on an
application made in compliance with the procedure set out in Schedule 10,
grant an authorisation under this Article.
(3) An authorisation under this Article may authorise the holder of the
local producer’s licence, on the day and during the hours specified in the
authorisation, to sell in the part of the premises to which the order under
Article 52E applies intoxicating liquor produced in the production
premises for consumption in that part of the premises.
(4) Not more than 104 authorisations shall be granted under this Article
to the holder of a local producer’s licence in any year.
(5) Regulations may modify paragraph (4) so as to substitute a different
number of orders for the time being specified there.
(6) Regulations may not be made under paragraph (5) unless a draft of
the regulations has been laid before, and approved by a resolution of, the
Assembly.
(7) Nothing in this Article permits an authorisation under this Article to
authorise the sale of intoxicating liquor on Christmas Day.
(8) Where the holder of a local producer’s licence, personally or by a
servant or agent, sells intoxicating liquor or makes it available for purchase
in contravention of an authorisation under this Article, the holder is guilty
of an offence.
(9) Where intoxicating liquor is made available for purchase in
accordance with an authorisation under this Article, the holder of the local
producer’s licence shall at all times display in the part of the premises to
which the order under Article 52E applies a notice in the form and manner,
and containing the information, prescribed in regulations; and a person
acting in contravention of this paragraph is guilty of an offence.
(10) A person guilty of an offence under paragraph (8) is liable on
summary conviction to a fine not exceeding level 4 on the standard scale.
(11) A person guilty of an offence under paragraph (9) is liable on
summary conviction to a fine not exceeding level 3 on the standard scale.”
(2) In Article 42 of the Licensing Order (general permitted hours), in each of
paragraphs (1) and (2), after “or (m)” (inserted by section 10(5)) insert “(subject to
paragraph (4))”.
(3) In that Article after paragraph (3) insert—
“(4) 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.”.

(4) In Article 46 of the Licensing Order (exception for sales outside permitted
hours), in paragraph (1)(a)(ii), after “or (m)” (inserted by section 10(6)(a)) insert
“(but see paragraph (1A))”.
(5) In that Article, after paragraph (1) insert—
“(1A) The reference in paragraph (1)(a)(ii) to premises of a kind
mentioned in Article 5(1)(m) does not include a reference to premises of
that kind with respect to which an order under Article 52E is in force.”
(6) In Schedule 9 to the Licensing Order (procedure on certain applications)—
(a) in the title, before “or 58A” (inserted by section 15(4)(a)) insert “52E,”,
(b) in paragraph 1, before “or 58A” (inserted by section 15(4)(b)) insert
“52E”, and
(c) in paragraph 4, after paragraph (ca) (inserted by section 15(4)(c)) insert—
“(cb) in the case of an application under Article 52E, on the ground
mentioned in Article 52E(2);”.
(7) In Schedule 10 to the Licensing Order (applications for extensions and
authorisations), in paragraph 1A (inserted by section 15(5)(a)), before “58B” insert
“52F or”.
(8) In Part 1 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 3 fine), at the appropriate place insert—

“52F(9) Failure by local producer
to display notice on part
of premises to which
authorisation under
Article 52F applies
3-4”.

(9) In Part 2 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 4 fine), at the appropriate place insert—

“52F(8) Failure by local producer
to comply with
authorisation under
Article 52F
4-5”.

Restrictions on occasional licences


12.—
(1) In Article 30 of the Licensing Order (occasional licences), after
paragraph (1), insert—
“(1A) An occasional licence may not be granted for a part of premises of
a kind mentioned in Article 5(1)(m) to which an order under Article 52E
applies.”.
(2) In paragraph (5)(b) of that Article, at the end insert—
“(c) the sale of intoxicating liquor in premises to which an order under
Article 43A applies.”.

Remote sales


Requirement for off-licence


13.—
(1) After Article 5 of the Licensing Order insert—
“Remote sales: requirement for off-licence
5A. 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.”.
(2) In Article 66 of the Licensing Order (conditions as to delivery of
intoxicating liquor), after paragraph (1) insert—
“(1A) Where, in the case of a sale of the kind mentioned in Article 5A,
the person who is to deliver the intoxicating liquor to the purchaser is not a
servant or agent of the holder of the licence for the premises from which
the intoxicating liquor is despatched, that person must—
(a) secure that the delivery is made without unreasonable delay, and
(b) when making the delivery, be carrying a receipt from the holder of
the licence, or a servant or agent, for the purchase of the
intoxicating liquor.”.
(3) In paragraph (2) of that Article, after “paragraph (1)” insert “or (1A)”.
(4) In paragraph (3) of that Article, for “this Article” substitute “paragraph (1)”.


Young people in licensed premises


Removal of requirement for children’s certificate, etc.


14.
—(1) Article 59 of the Licensing Order (children’s certificates) is repealed.
(2) In Article 58 of that Order (prohibition of young persons from certain
premises), in paragraph (5)—
(a) after “is in a part of licensed premises” insert “mentioned in paragraph (1)
(c)”,
(b) omit sub-paragraph (b) and the following “and”,
(c) after sub-paragraph (c) (but before the following “and”) insert “and
(ca) the person under the age of 18 is in the premises at a time when
meals, and beverages suitable for persons under that age (including
drinking water), are also available for consumption on the
premises;”, and
(d) in sub-paragraph (d), for “the certificate is operational” substitute “the
person under the age of 18 is not in the premises in the evening at any time
after 9”.
(3) In paragraph (6) of that Article—

(a) in sub-paragraph (a), for “before the certificate ceased to be operational”
substitute “before 9 in the evening”, and
(b) for sub-paragraph (b) substitute—
“(b) the person under the age of 18 is not in the premises in the evening
at any time after half past 9.”.
(4) Omit paragraphs (7), (8) and (9) of that Article.
(5) In paragraph (10) of that Article—
(a) for “, (3), (7), (8) or (9)” substitute “or (3)”,
(b) in sub-paragraph (a), omit “or (7)”, and
(c) in sub-paragraph (b), for “, (3), (8) or (9)” substitute “or (3)”.
(6) In paragraph (11) of that Article, omit “or (8)”.
(7) In Article 60B of the Licensing Order (duty to display notice relating to age),
in paragraph (3)(a), after “intoxicating liquor” insert “or in relation to offences
concerning the presence of such persons in licensed premises”.


Underage functions


15.
—(1) After Article 58 of the Licensing Order insert—


“Suitability of certain premises for underage functions


58A.—(1) In respect of premises to which this Article applies—
(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, specify any part of the premises as being suitable for
underage functions.
(2) In this Article and Article 58B, “underage function” means a
function which is designed to appeal to persons under the age of 18 in
particular.
(3) A court must not make an order under paragraph (1) unless it is
satisfied—
(a) that the part of the premises specified in the order is structurally
adapted for the purpose of having functions held in it;
(b) that appropriate steps have been taken for securing the safety of
persons under the age of 18 while attending an underage function
in that part of the premises and that it is otherwise suitable for
underage functions;
(c) that suitable arrangements are in place for securing that persons
under the age of 18 attending the function do not have access to
any other part of the premises which is used for the sale of
intoxicating liquor.

(4) An order under paragraph (1) may be revoked by a court of summary
jurisdiction—
(a) on the application of the holder of the licence; or
(b) where, on complaint made under Part 8 of the Magistrates’ Courts
(Northern Ireland) Order 1981, the court is not satisfied that the
requirements of paragraph (3) have continued to be complied with.
(5) The premises to which this Article applies are—
(a) any part of premises of a kind mentioned in Article 5(1)(a) which
is 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;
(b) an hotel;
(c) a restaurant;
(d) a conference centre;
(e) a higher education institution;
(f) an indoor arena;
(g) an outdoor stadium.


Authorisations for underage functions


58B.—(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 10 by the holder of a licence for
premises which are or include premises for which an order under Article
58A is in force, grant an authorisation under this Article.
(2) An authorisation under this Article may authorise the holder of the
licence to hold an underage function—
(a) in such part of the premises for which the order is in force as is
specified in the authorisation, and
(b) on the day so specified during such hours as are so specified
ending no later than 1 in the morning of the next day.
(3) Subject to paragraph (4), where notice of an application for an
authorisation under this Article has been served upon the clerk of petty
sessions, the clerk may grant the authorisation as if the application had
been made to the clerk and may do so in the absence of the applicant.
(4) Where—
(a) a notice of objection has been served upon the clerk and has not
been withdrawn, or
(b) the clerk is of the opinion, for any other reason, that an application
for an authorisation under this Article 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.
(5) It is a condition of an authorisation under this Article that, during the
period for which the authorisation is in force—

(a) each dispenser of intoxicating liquor in the part of the premises for
which the authorisation is in force must be incapable of operation,
and
(b) access to any other container of intoxicating liquor in that part
must be prevented.
(6) A court of summary jurisdiction which grants an authorisation under
this Article may attach to the authorisation such other conditions as the
court thinks fit.
(7) In the case of an indoor arena, the references in paragraph (5) to the
part of the premises for which the authorisation is in force are to be read as
including a reference to any entrance to that part.
(8) If a condition attached to the authorisation is contravened, the holder
of the licence is guilty of an offence and is liable on summary conviction
to a fine not exceeding level 3 on the standard scale.
(9) The holder of a licence, personally or by a servant or agent, or such a
servant or agent, must not, during the period for which an authorisation
under this Article is in force—
(a) sell intoxicating liquor to, or make it available for purchase by, a
person aged 18 or over in the part of the premises for which the
authorisation is in force;
(b) permit a person aged 18 or over to consume intoxicating liquor in
the part of the premises for which the authorisation is in force.
(10) A person who contravenes paragraph (9) is guilty of an offence and
is liable on summary conviction to a fine not exceeding level 3 on the
standard scale.
(11) A person aged 18 or over who consumes intoxicating liquor in a
part of premises for which an authorisation under this Article is in force is
guilty of an offence and is liable on summary conviction to a fine not
exceeding level 3 on the standard scale.”.
(2) In Article 58 of the Licensing Order (prohibition of young persons from
certain premises), in paragraph (13), after sub-paragraph (g) insert “; or
(h) in a part of the licensed premises for which an order under Article
58A is in force during a period for which an authorisation under
Article 58B is in force or during the first 30 minutes after the
authorisation has ceased to be in force.”.
(3) In Part 1 of Schedule 1 to the Licensing Order (application for grant of
licence), in paragraph 7, for “or 48” substitute “, 48 or 58A”.
(4) In Schedule 9 to the Licensing Order (applications to court)—
(a) in the title, after “48” insert “or 58A”,
(b) in paragraph 1, after “48” insert “or 58A”, and
(c) in paragraph 4, after sub-paragraph (c) insert—
“(ca) in the case of an application under Article 58A, on any ground
mentioned in Article 58A(3);”.

(5) In Schedule 10 to the Licensing Order (applications for extension licences
etc.)—
(a) after paragraph 1 insert—
“1A. In this Schedule “authorisation” means an authorisation under
Article 58B.”,
(b) in paragraph 2, after “the grant of a licence” insert “or authorisation”, and
(c) in paragraph 4, after “the granting of the licence” insert “or authorisation”.
(6) In Part 1 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 3 fine), at the appropriate place insert—

“58B(8) or (10) Contravening conditions
attached to authorisation
for underage function;
selling etc intoxicating
liquor to, or permitting
consumption of it by,
person aged 18 or over
during underage function
3-4”

(7) In Article 108 of the Betting, Gaming, Lotteries and Amusements (Northern
Ireland) Order 1985, after paragraph (4) insert—
“(4ZA) Gaming machines shall not be made available in any part of
licensed premises within the meaning of the Licensing (Northern Ireland)
Order 1996 in which an authorisation under Article 58B of that Order
(underage functions) is in force during the period for which it is in force.”.


Private functions


16.—
(1) In Article 58 of the Licensing Order (young persons prohibited from
certain premises), after paragraph (4) insert—
“(4A) Paragraphs (1) and (2) shall not apply with respect to a person
under the age of 18 who is in a part of licensed premises in the evening at
any time after half past 9 if—
(a) a private function is being held in that part of the premises (and,
accordingly, the public do not have access to that part of the
premises while the function is being held);
(b) the person under 18 is attending the function in the company either
of a parent of that person or of a parent of another person who is
under 18 and attending the function;
(c) a meal consisting of at least a main course is being served at the
function; and
(d) the person under 18 does not consume any part of the meal at a
counter or structure which is being used wholly or mainly as a
bar.”.
(2) In Article 2 of the Licensing Order (interpretation), in paragraph (2), at the
appropriate place insert—
““parent”, in relation to a person under the age of 18, includes any
individual who—

(a) has parental responsibility for that person (within the meaning
of the Children (Northern Ireland) Order 1995), or
(b) has care of that person.”.


Delivery of intoxicating liquor to young persons


17.
—(1) In Article 60 of the Licensing Order (sale, etc., of intoxicating liquor to
young persons), in paragraph (1), for “Subject to paragraph (5), the” substitute
“The”.
(2) In paragraph (5) of that Article—
(a) for “Paragraphs (1) and (4)” substitute “Paragraph (4)”, and
(b) omit sub-paragraph (a).
(3) In paragraph (7A) of that Article, in sub-paragraph (a)—
(a) after “the holder of the licence or his servant or agent” insert “—
(i) ”, and
(b) after “paragraph (7B);” insert “and
(ii) entered in the delivery book or invoice that the holder, servant
or agent was carrying as mentioned in Article 66(1)(a)(ii) the
description of the document that was shown;”.
(4) At the end of that Article insert—
“(9) Articles 67(9) and 68(5) do not apply to a delivery of intoxicating
liquor to a person under the age of 18 in contravention of this Article.”.


Conduct of licensed premises


Restaurants and guest houses: notice displaying licence conditions


18.
—(1) In Article 51 of the Licensing Order (conditions as to sale etc. in guest
houses and restaurants), after paragraph (4) insert—
“(4A) Where a restaurant is licensed for the sale of intoxicating liquor,
the holder of the licence must at all times display the notice specified in
paragraph (4B)—
(a) at each part of the restaurant mentioned in paragraph (4)(a)(ii); and
(b) in a position where it is readily visible to any person seeking to
purchase intoxicating liquor.
(4B) The notice referred to in paragraph (4A) must—
(a) contain such information in relation to the conditions mentioned in
paragraph (3) as is prescribed in regulations, and
(b) be in such form and of such dimensions as are so prescribed.”.
(2) In paragraph (2) of that Article, at the end insert “; and paragraph (4A) shall
apply in relation to the restaurant.”
(3) After paragraph (5) of that Article insert—
“(6) A holder of a licence acting in contravention of paragraph (4A)
shall be guilty of an offence and shall be liable on summary conviction to a
fine not exceeding level 3 on the standard scale.”.

(4) In Part 1 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 3 fine), at the appropriate place insert—

“51(6) Failure to display notice
relating to licence
conditions.
3-4”

Prohibition on self-service and sales by vending machines


19.
—(1) After Article 54 of the Licensing Order insert—


“Self-service and vending machines


Prohibition on self-service and sales by vending machines


54A.—(1) In any licensed premises, intoxicating liquor must not be sold
or made available for purchase for consumption in or off the premises in a
form which would enable a person to whom it was sold (or a person that
person is with) to operate the dispenser of the liquor.
(2) In any licensed premises, intoxicating liquor must not be sold or
made available for purchase for consumption in or off the premises by
means of a vending machine.
(3) The activities prohibited by this Article include making available in a
public or common part of the premises concerned intoxicating liquor for
consumption in or off the premises which, in the absence of the licence
holder or a servant or agent, persons are trusted by the licence holder—
(a) to pay for by placing money in a container, or by some other
process, which the licence holder has provided for that purpose in a
public or common part of the premises, or
(b) to agree to pay for by recording by a process which the licence
holder has provided for that purpose in a public or common part of
the premises the intoxicating liquor appropriated.
(4) Regulations may provide that, where prescribed conditions are
satisfied, paragraph (2) does not apply in the case of—
(a) licensed premises within Article 5(1)(a) which provide
accommodation for guests such as is mentioned in Article 46(3);
(b) licensed premises within Article 5(1)(c);
(c) licensed premises within Article 5(1)(d).
(5) A holder of a licence acting in contravention of paragraph (1) or (2)
is guilty of an offence and is liable on summary conviction to a fine not
exceeding level 3 on the standard scale.”.
(2) In Part 1 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 3 fine), at the appropriate place insert—

“54A(5) Selling intoxicating liquor
in a form which enables
self-service or by means
of vending machine
3-4”


Restrictions on off-sales drinks promotions in supermarkets etc.


20.
—(1) After Article 57 of the Licensing Order insert—


“Restrictions on off-sales drinks promotions in supermarkets etc.


57ZA.—(1) In the case of licensed premises of a kind mentioned in
Article 5(1)(b) (other than premises the whole of which may be used for
the sale of intoxicating liquor), the holder of the licence, personally or by a
servant or agent, or such a servant or agent, must not carry on an off-sales
drinks promotion relating to those licensed premises on any part of the
premises of which the licensed premises form part other than a part in
which intoxicating liquor is made available for purchase.
(2) In the case of licensed premises of a kind mentioned in Article 5(1)
(b), the holder of the licence, personally or by a servant or agent, or such a
servant or agent, must not carry on an off-sales drinks promotion relating
to those licensed premises—
(a) anywhere in the vicinity of the premises of which the licensed
premises form the whole or part, or
(b) anywhere in the vicinity of any other premises of which licensed
premises of a kind mentioned in Article 5(1)(b) form the whole or
part.
(3) In paragraph (2), the reference to the vicinity of licensed premises is
to the area that extends 200 metres from the boundary of the premises.
(4) Regulations may modify paragraph (3) so as to substitute a different
distance for the distance for the time being specified there.
(5) A person acting in contravention of paragraph (1) or (2) is guilty of
an offence and is liable on summary conviction to a fine not exceeding
level 3 on the standard scale.
(6) In this Article, “off-sales drinks promotion”, in relation to licensed
premises, means an activity which promotes, or seeks to promote, in
relation to those premises specifically the purchase on the premises of
intoxicating liquor for consumption off the premises.
(7) A reference in this Article to carrying on an off-sales drinks
promotion in relation to licensed premises—
(a) includes a reference to displaying or making available a
publication which relates wholly or mainly to promoting the
purchase on those premises of intoxicating liquor for consumption
off the premises;
(b) does not include a reference to carrying on an activity which
promotes, or seeks to promote, the purchase of intoxicating liquor
as part of a combination of products designed to constitute a meal;
(c) does not include a reference to the provision of a scheme of the
kind referred to in Article 57ZB.
(8) Regulations may not be made under paragraph (4) unless a draft of
the regulations has been laid before, and approved by a resolution of, the
Assembly.”.

(2) In Part 1 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 3 fine), at the appropriate place insert—

“57ZA(5) Breaching restrictions on
drinks promotions
3-4”

Prohibition of loyalty schemes


21.
—(1) After Article 57ZA of the Licensing Order (inserted by section 20(1))
insert—


“Prohibition of loyalty schemes


57ZB.—(1) The holder of a licence for premises of any kind mentioned
in Article 5(1) must not operate a scheme which—
(a) provides awards to a member of the scheme in consequence of the
purchase by the member of intoxicating liquor in the premises, and
(b) entitles the member to redeem the awards, in the amount specified
in the scheme, in exchange for the opportunity to purchase
intoxicating liquor at a reduced price or to receive it free of charge.
(2) A person acting in contravention of paragraph (1) is guilty of an
offence and is liable on conviction to a fine not exceeding level 5 on the
standard scale.”.
(2) In Part 3 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 5 fine) insert at the appropriate place—

“57ZB(1) Operating a loyalty
scheme
5-6”

Minimum unit pricing


22.
Within 3 years of this Act coming into operation, the Department of Health
must bring forward to the Assembly legislation introducing minimum pricing
provisions for the sale and supply of intoxicating liquor in Northern Ireland.


Occasional licences: conditions


23.
—(1) In Schedule 7 to the Licensing Order (application for occasional
licence), after paragraph 4 insert—
“4A. The district commander mentioned in paragraph 2(a) may appear
at the hearing of the application to request that the licence be granted
subject to the terms and conditions specified by the district commander.”.
(2) In Article 30 of the Licensing Order (occasional licence), in paragraph (1),
after sub-paragraph (c) insert “, and
(d) if a request has been made under paragraph 4A of Schedule 7,
subject to such terms and conditions as the court thinks fit,”.
(3) In that Article, after paragraph (4) insert—
“(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.”.
(4) In that Article, after paragraph (8) insert—
“(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.”.
(5) In Part 1 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 3 fine) insert at the appropriate place—

“30(8A) Failure to observe term or
condition of occasional
licence
3-4”

Miscellaneous


Independent review of the licensing system and surrender principle


24.—
(1) The Department for Communities must, not later than six months after
the date of Royal Assent of this Act, appoint an independent person to undertake a
review of the licensing system, including the operation of the ‘surrender principle’,
in Northern Ireland.
(2) The Department must, so far as is reasonable, ensure that the review
mentioned in subsection (1) has regard to—
(a) the social, health, economic and industry competition impact of the current
licensing system in Northern Ireland,
(b) the distribution of licences in areas that are under-licensed, including but
not limited to rural areas and tourist areas,
(c) the functioning of the ‘surrender principle’, including legislative options
for reform to allow for the creation of new liquor licences for sale on
premises, including specific options for the creation of licences based on
clear community need,
(d) draft options, where appropriate, to compensate existing licence holders.
(3) The person must, not later than 1 year after their appointment, report and
make recommendations on developing a liquor licensing system that is responsive
to consumer and community needs in a changing social and economic
environment, while taking due account of the public health concerns around
alcohol-related health and social harms.
(4) The Department must—
(a) lay the report before the Assembly, and
(b) arrange for it to be published.

(5) The Department for Communities must, not later than six months after the
date of the publication of the report mentioned in subsection (3), publish an action
plan for addressing the recommendations contained in the report.
(6) The Minister for Communities, must, not later than six months after the date
of the publication of the report mentioned in subsection (3), make an oral
statement to the Assembly on the Department’s action plan for addressing the
recommendations contained in the report.


Annual publication of the number of operational liquor licences


25.
The Department for Communities shall publish an annual report on the
operation of the liquor licensing system in Northern Ireland that includes for each
year—
(a) the number of Article 5(1)(a) and Article 5(1)(b) licences in operation,
(b) the number of operational public houses and their location by postcode,
(c) a ten-year rolling horizon forecast for each of 1(a) and 1(b).


Code of practice


26.
—(1) At the beginning of Part 6 of the Licensing Order (miscellaneous)
insert—


“Code of practice


Code of practice


76F.—(1) Where a person or group of persons which the Department
considers to have a relevant interest produces a relevant code of practice,
the Department may approve the code.
(2) A person or group has a “relevant interest” if the person or group—
(a) is representative of persons whose business involves the sale of
intoxicating liquor under a licence, or
(b) is representative of persons whose business involves the
production of intoxicating liquor, or
(c) is representative of persons whose business involves dealing
wholesale in intoxicating liquor, or
(d) is engaged in research into, or otherwise has an interest in, the
effects of the consumption of intoxicating liquor on personal or
public health or on public order.
(3) A code of practice is relevant if it relates to—
(a) the display or sale of intoxicating liquor in licensed premises, or
(b) activities designed to promote the sale of intoxicating liquor in
licensed premises whether for consumption in or off such
premises.
(4) Where the Department approves a relevant code of practice, it must
give notice of its approval in the Belfast Gazette.
(5) Before deciding whether to approve a relevant code of practice, the
Department must consult the Police Service of Northern Ireland.

(6) Where a person or group of the kind referred to in paragraph (1)
amends a relevant code of practice, the Department may approve the
amendments; and paragraphs (4) and (5) apply in relation to approving an
amendment as they apply in relation to approving a code, unless the
Department does not consider the amendment significant enough for those
paragraphs to apply.
(7) The Department may withdraw its approval of a relevant code or of
an amendment to it; and paragraphs (4) and (5) apply in relation to
withdrawing approval of a code or amendment as they apply in relation to
approving it.”.
(2) In Article 7(4) of the Licensing Order (grant of licence: matters of which
court must be satisfied), after sub-paragraph (b) (but before the following “and”)
insert “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);”.
(3) In Article 14(4) of the Licensing Order (renewal of licence by clerk of petty
sessions: grounds for clerk to refer to court), after sub-paragraph (f) insert—
“(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);”.
(4) In Article 15(2) of the Licensing Order (renewal of licence by court: matters
of which court must be satisfied), after sub-paragraph (b) (but before the following
“and”) insert “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);”.
(5) In Article 22(6) of the Licensing Order (transfer of licences: matters of
which the court must be satisfied), after sub-paragraph (b) (but before the
following “and”) insert “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);”.


Body corporate: change of directors


27.
—(1) In Article 4 of the Licensing Order (persons to whom licences may be
granted), at the end insert—
“(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.”.
(2) In Article 72 of the Licensing Order (suspension of licence), after paragraph
(1) insert—
“(1A) The grounds specified in Article 15(2)(b) (fitness to hold licence)
include the grounds that, following a person becoming or ceasing to be a
director of a body corporate which is the holder of the licence in question,
the body is no longer fit to hold the licence.”.
(3) In Part 3 of Schedule 10A to the Licensing Order (penalty points for
offences punishable with level 5 fine), insert at the appropriate place—

“4(6) Failure to notify courts
and police of change of
directorships
5-6”

Removal of exemption for angostura bitters


28.
In Article 2(2) of the Licensing Order (interpretation), in the definition of
“intoxicating liquor”—
(a) omit sub-paragraph (a) (which excludes angostura bitters from that
definition), and
(b) in the full-out words beneath sub-paragraph (e), omit “(a),”.


PART 2


REGISTRATION OF CLUBS


Extension of premises


Sporting clubs


29.
—(1) In Part 1 of the Registration of Clubs Order (registration of clubs),
after Article 15 insert—


“Extension authorisations


Extension authorisations for sporting clubs


15A.—(1) On the application of the secretary of a sporting club, the
district commander for the police district in which the premises of the club
are situated may, in writing, authorise the extension of the area of the
premises in respect of which the club is registered.
(2) An authorisation under this Article authorises the club to hold a
function at which intoxicating liquor may be supplied in the area of the
premises to which the authorisation applies to members of the club, and
guests of members of the club, who are present at the function (with
Article 30 applying in relation to the function accordingly).

(3) An authorisation under this Article authorises the supply of
intoxicating liquor during the permitted hours on the day or days specified
in the authorisation; but the number of days so specified—
(a) may exceed one only if the district commander is satisfied that
there are exceptional circumstances which justify granting an
authorisation for more than one day; and
(b) in a case where the district commander is so satisfied, must not
exceed 5.
(4) A district commander may refuse an application for the grant of an
authorisation under this Article only if the district commander is satisfied
that the function is likely to attract people in such numbers that it would
not be practicable to accommodate them in the premises in respect of
which the club is registered.
(5) An application for an authorisation under this Article must be
accompanied by a plan showing the area of the proposed extension.
(6) Not more than 6 authorisations may be granted under this Article to
any club in any year.
(7) Regulations may modify paragraph (6) so as to substitute a different
number of authorisations for the number for the time being specified there.
(8) In the case of a sporting club in respect of which an authorisation
under this Article has effect, a reference in this Order to the premises of the
club includes, in relation to any time at which the authorisation has effect,
a reference to the area to which the authorisation applies.
(9) Regulations may not be made under paragraph (7) unless a draft of
the regulations has been laid before, and approved by a resolution of, the
Assembly.”.
(2) In Article 2 of the Registration of Clubs Order (interpretation), in paragraph
(2), in the definition of “sporting club”, at the end insert “and, in the case of a
sporting club in respect of which an authorisation under Article 15A has effect, a
reference to the premises of the club is to be construed in accordance with
paragraph (8) of that Article”.
(3) In Article 3 of the Registration of Clubs Order (restriction on supply etc. of
intoxicating liquor on club premises), at the end of paragraph (1) insert “or unless
the supply or consumption is authorised in accordance with Article 15A”.


Alterations to premises


Consent required for alterations to premises


30.—
(1) After Article 12 of the Registration of Clubs Order insert—
“Alterations to club premises


Consent required for certain alterations to premises


12A.—(1) An alteration shall not, subject to paragraph (2), be made to
the premises of a registered club if the alteration—

(a) gives increased facilities for drinking in any part of the premises
which contains a bar; or
(b) adds to any part of the premises which contains a bar or substitutes
one such part of the premises for another; or
(c) conceals from observation a part of the premises in which
intoxicating liquor is supplied; or
(d) affects the means of passage between a part of the premises which
contains a bar and the remainder of the premises or any road or
other public place.
(2) An alteration such as is mentioned in paragraph (1) may be made
if—
(a) an application under this Article has been made by the secretary of
the club to a county court and the court has made an order
consenting to the alteration; or
(b) the alteration is required by order of some lawful authority and,
before the alteration is made, notice of the requirement is served by
the secretary of the club on the clerk of petty sessions.
(3) The procedure for applications under paragraph (2)(a) is set out in
Part 1 of Schedule 4A, and Part 2 of that Schedule has effect in relation to
notices under paragraph (2)(b).
(4) If an 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 registered club to restore, as far as is practicable, the premises to
their original condition within a period fixed by the order.
(5) The period fixed by an order under paragraph (4) may be extended
by order of a court of summary jurisdiction on the application of the
secretary of the club.
(6) If paragraph (2)(b) is not complied with, the registered club and
every official of the club is guilty of an offence and is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
(7) If the registered club makes default in complying with an order
under paragraph (4), the club and every official of the club is guilty of an
offence and is 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.
(8) This Article does not apply to an extension such as requires
authorisation under Article 15A.”.
(2) After Schedule 4 to the Registration of Clubs Order insert—

 

“SCHEDULE 4A

APPLICATIONS AND NOTICES UNDER ARTICLE 12A
PART 1
APPLICATIONS FOR CONSENT TO ALTERATIONS


1. In this Part “application” means an application under Article 12A(2)
(a).
2. The secretary of a club which intends to make an application must,
not less than 3 weeks before the time of the opening of the court sitting at
which the application is to be made, serve notice of the application upon
the chief clerk and at the same time serve a copy of the notice upon—
(a) the district commander for the police district in which the premises
of the club are situated; and
(b) the person whose name is recorded in the register of clubs as the
owner of the premises of the club.
3. The notice mentioned in paragraph 2 must be in such form and,
without prejudice to paragraph 4, must contain such other information as
may be prescribed by county court rules.
4. The applicant must attach a plan of the premises showing the
alteration to—
(a) the notice mentioned in paragraph 2, and
(b) the copy of that notice which is served upon the district
commander.
5. The district commander upon whom notice is required by paragraph 2
to be served or the person whose name is recorded in the register of clubs
as the owner of the premises of the club may appear at the hearing of the
application and object to the court consenting to the alteration to which the
application relates.
6. A person intending to object under paragraph 5 must, not less than 1
week before the time of the opening of the court sitting at which the
application is to be made—
(a) serve upon the applicant notice of the intention to object, briefly
stating the grounds for so doing;
(b) serve a copy of the notice upon the chief clerk.


PART 2
NOTICES OF ALTERATIONS REQUIRED BY AUTHORITIES


7. The notice must be in such form and, without prejudice to paragraph
8, must contain such other information as may be prescribed by
magistrates’ courts rules.
8.—(1) The secretary of the club must attach to the notice a plan of the
premises showing the proposed alterations.
(2) The alterations shown in the plan mentioned in sub-paragraph (1)
must be authenticated by or on behalf of the authority in question in the
manner prescribed by magistrates’ courts rules.”.

(3) In Article 16 of the Registration of Clubs Order (register of clubs), in
paragraph (2), after paragraph (d) insert—
“(da) particulars of any order made under Article 12A(2)(a), (4) or
(5) in respect of the premises of the club and of any requirement in
respect of those premises notice of which is served under Article
12A(2)(b);”.
(4) In Part 3 of Schedule 6 to that Order (penalty points punishable with level 5
fine) at the appropriate place insert—

“12A(7) Failure to comply with
court order to make
alterations etc.
5-6”

Permitted hours


Removal of additional restrictions at Easter


31.
—(1) In Article 24 of the Registration of Clubs Order (general permitted
hours), in paragraph (1)—
(a) in sub-paragraph (a), omit “Good Friday or”, and
(b) omit sub-paragraph (b) and the following “and”.
(2) In paragraph (2) of that Article—
(a) in sub-paragraph (a)(i), omit “Good Friday or”,
(b) omit sub-paragraph (a)(ii), and
(c) omit sub-paragraph (b) and the following “and”.
(3) In Article 25 of the Registration of Clubs Order (consumption of liquor after
permitted hours), omit sub-paragraph (b) and the preceding “or”.
(4) In Article 26 of the Registration of Clubs Order (authorisations for special
occasions), in paragraph (3), omit “, Easter Day or Good Friday”.


Removal of restrictions on late opening on Sunday


32.—
(1) In Article 24 of the Registration of Clubs Order (general permitted
hours), in paragraph (1)—
(a) after sub-paragraph (a) and the following “and” insert—
“(aa) on Sundays other than Christmas Day, from half past 12 in the
afternoon to 11 in the evening; and”, and
(b) in sub-paragraph (c), omit “Sunday or”.
(2) In Article 26 of the Registration of Clubs Order (authorisations for special
occasions), in paragraph (1)(a), for paragraphs (ii) and (iii) (but not the “or”
following paragraph (iii)) substitute—
“(ii) on Sundays, from 11 in the evening to 1 in the morning of the
day next following,”.

Extension of “drinking-up time”

33.—(1) In Article 25 of the Registration of Clubs Order (consumption after
permitted hours of liquor supplied during those hours), the text of which becomes
paragraph (1), in sub-paragraph (a), for “30 minutes” substitute “60 minutes”.
(2) After paragraph (1) of that Article insert—
“(2) Regulations may modify paragraph (1)(a) so as to substitute “30
minutes” for “60 minutes”.
(3) Regulations may not be made under paragraph (2) unless a draft of
the regulations has been laid before, and approved by a resolution of, the
Assembly.”.


Increase in number of authorisations for special occasions


34.—
(1) In Article 26 of the Registration of Clubs Order (authorisation for
special occasions), in paragraph (2), for “85” substitute “104”.
(2) After paragraph (4) of that Article insert—
“(5) A person who intends to make an application under this Article
shall—
(a) during the 3 weeks before the first occasion to which the
application relates, cause notice of the application to be
displayed on or near the premises of the club;
(b) not less than 3 weeks before that time, serve a copy of the notice
of the application on the district council for the district in which
the premises of the club are situated.
(6) The notice under paragraph (5) must contain such information as
may be prescribed by magistrates’ courts rules.
(7) The following provisions of this Article apply where a complaint is
made to a court of summary jurisdiction under Part 8 of the Magistrates’
Courts (Northern Ireland) Order 1981 on the grounds—
(a) that the business carried on in the premises of the club is being
conducted during the hours mentioned in paragraph (1) 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.
(8) Where the court is satisfied that the grounds of the complaint are
made out, it may—
(a) revoke the authorisation; or
(b) modify the authorisation or, in relation to the authorisation, the
hours mentioned in paragraph (1); or
(c) make the continuance of the authorisation subject to such terms
and conditions as the court thinks fit.

Licensing and Registration of Clubs (Amendment) Pt.2
(9) The terms and conditions which may be imposed under paragraph
(8)(c) include those requested by the district commander of the police
district in which the premises of the club are situated.”.


Major events


35.
—(1) After Article 26 of the Registration of Clubs Order (but before the
following cross-heading), insert—


“Major event orders


Extension of permitted hours for major events


26A.—(1) Where the Department considers that an event which is to
take place in Northern Ireland will attract significant public interest
(whether throughout Northern Ireland or in certain areas only), it may
make an order (a “major event order”) which—
(a) designates the event as a major event, and
(b) provides that, during the period specified in the order, the
permitted hours for registered clubs to which the order applies are
the hours specified in the order.
(2) A major event order may apply to all registered clubs in Northern
Ireland as a whole or in the area or areas specified.
(3) In specifying an area for the purposes of paragraph (2), a major
event order may in particular do so by reference to the place or premises at
which the event is to take place or the area in the vicinity of the place or
premises.
(4) A major event order may impose conditions.
(5) The Department may vary or revoke a major event order; and the
circumstances in which it may revoke an order include, in a case where the
period specified under paragraph (1)(b) includes two or more days,
circumstances in which it considers it necessary to do so because of
disorder, or expected disorder, at or in the vicinity of the place or premises
at which the event is taking place.
(6) The period specified in a major event order may not include
Christmas Day.
(7) The hours specified in a major event order have effect in addition to
the hours permitted by any authorisation under Article 26 which applies to
a registered club to which the major event order applies.
(8) A major event order may make consequential, incidental or
supplementary provision (including provision which modifies provisions
of this Order for the purpose of giving effect to the major event order).
(9) Before making a major event order, the Department must consult
such persons as it considers appropriate.
(10) Any person acting in contravention of a condition imposed by a
major event order is guilty of an offence and is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.”.

(2) In Article 2 of the Registration of Clubs Order (interpretation), in paragraph
(2), in the definition of “permitted hours”, for “Article 26” substitute “Articles 26
and 26A”.
(3) In Part 1 of Schedule 6 to the Registration of Clubs Order (penalty points for
offences punishable with level 3 fine) at the appropriate place insert—

“26A(10) Contravening condition of
major event order
3-4”

Young people in registered clubs


Removal of requirement for children’s certificate, etc.


36.
—(1) Article 33 of, and Schedule 5 to, the Registration of Clubs Order
(children’s certificates) are repealed.
(2) In Article 32 of that Order (young persons prohibited from bars), in
paragraph (4)—
(a) after “is in a part of club premises” insert “as mentioned in paragraph (1)”,
(b) omit sub-paragraph (b) and the following “and”,
(c) after sub-paragraph (c) (but before the following “and”) insert “and
(ca) the person under the age of 18 is in the premises at a time when
meals, and beverages suitable for persons under that age (including
drinking water), are also available for consumption on the
premises;”, and
(d) in sub-paragraph (d), for “the certificate is operational” substitute “the
person under the age of 18 is not in the premises in the evening at any time
after 9”.
(3) In paragraph (5) of that Article—
(a) in sub-paragraph (a), for “before the certificate ceased to be operational”
substitute “before 9 in the evening”, and
(b) for sub-paragraph (b) substitute—
“(b) the person under the age of 18 is not in the premises in the evening
at any time after half past 9.”.
(4) Omit paragraphs (6), (7) and (8) of that Article.
(5) In paragraph (9)—
(a) for “, (3), (6) or (8)” substitute “or (3)”,
(b) in sub-paragraph (a), omit “or (6)”, and
(c) in sub-paragraph (b), omit “or (8)”.
(6) In each of paragraphs (10) and (11) of that Article, omit “or (7)”.
(7) In Article 34A of the Registration of Clubs Order (duty to display notice
relating to age), in paragraph (3)(a), after “intoxicating liquor” insert “or in
relation to offences concerning the presence of such persons in club premises”.


Underage functions


37.
—(1) After Article 32 of the Registration of Clubs Order insert—

“Authorisation for underage functions

32A.—(1) On the application of the secretary of a registered club, the
district commander for the police district in which the club is situated may,
in writing, grant an authorisation under this Article.
(2) An authorisation under this Article may authorise the club to hold an
underage function—
(a) in such part of the club premises as is specified in the
authorisation, and
(b) on the day so specified during such hours as are so specified
ending no later than 1 in the morning of the next day.
(3) In this Article, “underage function” means a function which is
designed to appeal to persons under the age of 18 in particular.
(4) A district commander must not grant an authorisation under this
Article unless the district commander is satisfied that suitable
arrangements are in place for securing that persons under the age of 18
attending the function do not have access to any part of the premises which
is used for the supply, consumption or storage of intoxicating liquor.
(5) It is a condition of an authorisation under this Article that, during the
period for which the authorisation is in force—
(a) each dispenser of intoxicating liquor at a bar in the part of the club
premises for which the authorisation is in force must be incapable
of operation, and
(b) access to any other container of intoxicating liquor in that part
must be prevented.
(6) If the condition in paragraph (5) is contravened, the registered club
and every official of the club at the time of the contravention is guilty of an
offence and is liable on summary conviction to a fine not exceeding level 3
on the standard scale.
(7) A registered club must not, during the period for which an
authorisation under this Article is in force—
(a) supply intoxicating liquor to a person aged 18 or over in the part of
the premises in which the authorisation is in force; or
(b) permit a person aged 18 or over to consume intoxicating liquor in
the part of the premises in which the authorisation is in force.
(8) If paragraph (7) is contravened—
(a) the registered club;
(b) every official of the club at the time of the contravention; and
(c) the person supplying the intoxicating liquor or, as the case may be,
permitting the consumption of the intoxicating liquor,
is guilty of an offence and is liable on summary conviction to a fine not
exceeding level 3 on the standard scale.
(9) A person aged 18 or over who consumes intoxicating liquor in a part
of club premises for which an authorisation under this Article is in force is

guilty of an offence and is liable on summary conviction to a fine not
exceeding level 3 on the standard scale.”.
(2) In Article 32 of the Registration of Clubs Order (prohibition on young
persons from bars), in paragraph (13), after sub-paragraph (c) insert “; or
(d) in a part of club premises for which an authorisation under Article
32A is in force or during the first 30 minutes after the authorisation
has ceased to be in force.”.
(3) In Part 1 of Schedule 6 to that Order (penalty points for offences punishable
with level 3 fine), at the appropriate place insert—

“32A(6) or (8) Contravening conditions
on access to intoxicating
liquor; supplying
intoxicating liquor to, or
permitting consumption
of it by, a person aged 18
or over during underage
function
3-4”

(4) In Article 106 of the Betting, Gaming, Lotteries and Amusements (Northern
Ireland) Order 1985 (use of gaming machines in registered clubs), after paragraph
(7) insert—
“(7A) No gaming machine shall be made available in any premises
mentioned in paragraph (1) for which an authorisation under Article 32A
of that Order (underage functions) is in force during the period for which it
is in force.”.


Private functions


38.
In Article 32 of the Registration of Clubs Order (young persons prohibited
from bars), after paragraph (3) insert—
“(3A) Paragraphs (1) and (2) shall not apply to a person under the age of
18 who is in a part of club premises as mentioned in paragraph (1) in the
evening at any time after 9 if—
(a) a private function is being held in that part of the club premises
(and, accordingly, other members or guests of other members do
not have access to that part of the premises while the function is
being held);
(b) the person under 18 is attending the function in the company either
of a parent of that person or of a parent of another person who is
under 18 and attending the function;
(c) a meal consisting of at least a main course is being served at the
function; and
(d) the person under 18 does not consume any part of the meal at a
counter or structure which is being used wholly or mainly as a bar.
(3B) In its application to a sporting club, paragraph (3A) has effect as if
the reference to any time after 9 were a reference to any time after 10.

(3C) In paragraph (3A), “parent”, in relation to a person under the age of
18, includes any individual who—
(a) has parental responsibility for that person (within the meaning of
the Children (Northern Ireland) Order 1995), or
(b) has care for that person.”.


Young people prohibited from bars


39.
—(1) In Article 32(13) of the Registration of Clubs Order (young persons
prohibited from bars), in sub-paragraph (a), for “during the part of the permitted
hours before 10 in the evening” substitute “—
(i) on a day in the period that begins on and includes 1 May and
ends on and includes 30 September, during the permitted hours
or, if by virtue of Article 26 the permitted hours continue after
11 in the evening, during the part of the permitted hours before
that time;
(ii) on a day not in the period mentioned in paragraph (i) if solely
for the purpose of attending a prize-giving ceremony, during the
permitted hours or, if by virtue of Article 26 the permitted hours
continue after 11 in the evening, during the part of the permitted
hours before that time;
(iii) on any other day to which neither paragraph (i) nor paragraph
(ii) applies, during the part of the permitted hours before 10 in
the evening;”.
(2) In Article 32 of that Order, in paragraph (13)(b), for “10 in the evening”
substitute “the time in the evening provided for under sub-paragraph (a)”.
(3) In that Article, after paragraph (13) insert—
“(13A) In the case of a sporting club at which more than one prizegiving ceremony is held in a calendar year, paragraph (13)(a)(ii) has effect
only for the purpose of allowing persons under the age of 18 to attend up
to three such ceremonies in the club premises in that calendar year in
reliance on that provision.”.
(4) In that Article, in paragraph (14), for “10 in the evening” substitute “the time
in the evening provided for under paragraph (13)(a)”.
(5) In that Article, after paragraph (14) insert—
“(15) Regulations may modify paragraph (13)(a)(i) so as to substitute a
different period for the period for the time being specified there.
(16) Regulations may modify paragraph (13A) so as to substitute a
different number of prize-giving ceremonies for the number for the time
being specified there.
(17) Regulations may not be made under paragraph (15) or (16) unless a
draft of the regulations has been laid before, and approved by a resolution
of, the Assembly.”.

Conduct of registered clubs

Prohibition on self-service and supply by vending machines


40.
—(1) Before Article 32 of the Registration of Clubs Order (and the preceding
cross-heading) insert—


“Self-service and vending machines


Prohibition on self-service and supply by vending machines


31C.—(1) A registered club must not supply intoxicating liquor for
consumption in the club premises in a form which enables the member or
guest to whom it is supplied (or a member or guest that person is with) to
operate the dispenser of the liquor.
(2) A registered club must not supply by means of a vending machine in
the club premises intoxicating liquor for consumption in the premises.
(3) The activities prohibited by this Article include making intoxicating
liquor available for consumption in the premises of a registered club
which, in the absence of an official, manager or servant employed in the
club, members or guests are trusted by the committee of management or
governing body of the club—
(a) to pay for by placing money in a container, or by some other
process, which the club has provided for that purpose, or
(b) to agree to pay for by recording by a process which the club has
provided for that purpose the intoxicating liquor appropriated.
(4) If paragraph (1) or (2) is contravened the registered club is guilty of
an offence and is liable on summary conviction to a fine not exceeding
level 3 on the standard scale.”.
(2) In Part 1 of Schedule 6 to the Registration of Clubs Order (penalty points for
offences punishable with level 3 fine), at the appropriate place insert—

“31C(4) Supplying intoxicating
liquor in a form which
enables self-service or by
means of vending
machine
3-4”

Restrictions relating to advertisements


41.
—(1) In Article 38 of the Registration of Clubs Order (restrictions on
advertisements), in paragraph (1), for the words from “no person shall” to “the
premises of a registered club” substitute “any advertisement drawing attention to
any function to be held in the premises of a registered club must include a clear
statement to the effect that the function may be attended only by members of the
club and guests of members of the club;”.
(2) For paragraph (2) of that Article substitute—
“(2) Paragraph (1) does not apply to an advertisement in so far as it
relates to a function the whole proceeds of which are, after deduction of

Licensing and Registration of Clubs (Amendment) Pt.2
the expenses of the function, to be devoted to charitable or benevolent
purposes.”.


Miscellaneous


Code of practice


42.
—(1) At the beginning of Part 5 of the Registration of Clubs Order insert—


“Code of practice


Code of practice


41K.—(1) Where a person or group of persons which the Department
considers to have a relevant interest produces a relevant code of practice,
the Department may approve the code.
(2) A person or group has a “relevant interest” if the person or group—
(a) is representative of registered clubs, or
(b) is representative of persons whose business involves the
production of intoxicating liquor, or
(c) is representative of persons whose business involves dealing
wholesale in intoxicating liquor, or
(d) is engaged in research into, or otherwise has an interest in, the
effects of the consumption of intoxicating liquor on personal or
public health or public order.
(3) A code of practice is relevant if it relates to the display or supply, or
activities designed to promote the supply or consumption, of intoxicating
liquor in registered clubs.
(4) Where the Department approves a relevant code of practice, it must
give notice of its approval in the Belfast Gazette.
(5) Before deciding whether to approve a relevant code of practice, the
Department must consult the Police Service of Northern Ireland.
(6) Where a person or group of the kind referred to in paragraph (1)
amends a relevant code of practice, the Department may approve the
amendments; and paragraphs (4) and (5) apply in relation to approving an
amendment as they apply in relation to approving a code, unless the
Department does not consider the amendment significant enough for those
paragraphs to apply.
(7) The Department may withdraw its approval of a relevant code or of
an amendment to it; and paragraphs (4) and (5) apply in relation to
withdrawing approval of a code or amendment as they apply in relation to
approving it.”.
(2) In Article 5(5) of the Registration of Clubs Order (grant of registration:
matters of which court must be satisfied), after sub-paragraph (i) insert “; and
(j) that each of the officials of the club is aware of the responsibilities
under any code of practice which the Department has approved
under Article 41K (and from which it has not withdrawn its
approval).”.

(3) In Article 7(4) of the Registration of Clubs Order (renewal of registration by
clerk of petty sessions: grounds for clerk to refer to court), after sub-paragraph (b)
(but before the following “or”) insert “or
(ba) the clerk is not satisfied that the applicant has been complying with
any code of practice which the Department has approved under
Article 41K (and from which it has not withdrawn its approval),”.
(4) In Article 8(3) of the Registration of Clubs Order (renewal of registration:
matters of which court must be satisfied), after sub-paragraph (d) insert “; and
(e) that each of the officials of the club is aware of the responsibilities
under, and has been complying with, any code of practice which
the Department has approved under Article 41K (and from which it
has not withdrawn its approval).”.


PART 3
GENERAL


Guidance


43.—
(1) The Department for Communities must issue guidance about—
(a) the effect of the Licensing Order,
(b) the effect of Part 1 of this Act on that Order, and
(c) such other matters as the Department considers appropriate in connection
with licensing premises for the sale of intoxicating liquor (within the
meaning of the Licensing Order).
(2) The Department for Communities must issue guidance about—
(a) the effect of the Registration of Clubs Order,
(b) the effect of Part 2 of this Act on that Order, and
(c) such other matters as the Department considers appropriate in connection
with the registration of clubs.
(3) The Department for Communities must—
(a) keep any guidance issued under this section under review, and
(b) revise any guidance issued under this section if the Department considers
revision to be necessary in light of review.
(4) The Department for Communities must publish any guidance issued or
revised under this section.


Review


44.—
(1) The Department for Communities must review and make a report on
the implementation of each provision of Part 1 and of each provision of Part 2—
(a) as soon as practicable after the third anniversary of the commencement of
that provision, and
(b) at least once in every five years after the making of the previous report on
the implementation of that provision.
(2) The Department for Communities must—

(a) lay a copy of each report under this section before the Assembly, and
(b) having done that, publish the report.
(3) The Department for Communities may by regulations provide that
subsections (1) and (2) are to cease to have effect on the date specified; but the
regulations may not specify a date which is earlier than the tenth anniversary of
this Act receiving Royal Assent.
(4) Regulations under this section are not to be made unless a draft of the
regulations has been laid before, and approved by a resolution of, the Assembly.


Interpretation


45.
In this Act—
“the Licensing Order” means the Licensing (Northern Ireland) Order 1996,
“the Registration of Clubs Order” means the Registration of Clubs (Northern
Ireland) Order 1996, and
“statutory provision” has the meaning given in section 1(f) of the
Interpretation Act (Northern Ireland) 1954.


Minor and consequential amendments


46.
—(1) Schedule 1, which contains minor amendments and amendments
consequential on provision made by this Act, has effect.
(2) The Department for Communities may by regulations make provision in
consequence of this Act.
(3) Regulations under this section may—
(a) amend, repeal, revoke or otherwise modify a statutory provision;
(b) include transitional, transitory or saving provision in connection with the
coming into operation of provision made by the order.
(4) Regulations under this section are subject to negative resolution, except as
mentioned in subsection (5).
(5) Regulations under this section which contain (whether alone or with other
provision) provision that amends the text of Northern Ireland legislation or an Act
of Parliament are not to be made unless a draft of the regulations has been laid
before, and approved by a resolution of, the Assembly.
(6) The power conferred by this section is not restricted by any other provision
of this Act.


Repeals


47.
The statutory provisions specified in Schedule 2 are repealed to the extent
specified.


Commencement and short title


48.
—(1) The following provisions of this Act come into operation on the day
after Royal Assent—
(a) section 45,
(b) section 46(2) to (6),

(c) this section, and

(d) in Schedule 1, paragraphs 7(1) and (3), 11 and 16 and section 46(1) so far
as relating to those provisions.
(2) The other provisions of this Act come into operation on such day or days as
the Department for Communities may by order appoint.
(3) An order under this section may make such transitional or saving provision,
or such transitory modifications of this Act, as the Department considers
appropriate in connection with the coming into operation of a provision of this Act.
(4) This Act may be cited as the Licensing and Registration of Clubs
(Amendment) Act (Northern Ireland) 2021.



SCHEDULES
SCHEDULE 1


Section 46


MINOR AND CONSEQUENTIAL AMENDMENTS


Licensing (Northern Ireland) Order 1996


1. The Licensing Order is amended as follows.
2.—(1) Article 2 (interpretation) is amended as follows.
(2) In paragraph (2)—
(a) omit the definition of “children’s certificate”,
(b) in the definition of “licensed premises”, in the full-out words at the end,
after “Articles” insert “52C, 52D, 52E,”,
(c) at the appropriate place insert—
““major event order” means an order under Article 48A;”,
(d) in the definition of “permitted hours”, after “44,” insert “44A”, and
(e) in that definition, for “and 47” substitute “, 47 and 48A”.
(3) In paragraph (4), for “(l)” substitute “(m)”.
(4) After paragraph (10) insert—
“(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.”.
3. In Article 5 (premises for which a licence may be granted), in paragraph (3),
for “Article 51(1)(b)” substitute “Articles 48B(2) to (6), 51(1)(b) and 52C(1)”.
4. In Article 15(2)(e) (renewal of licence), for “(l)” substitute “(m)”.
5. In Article 17(3) (renewal of licence: certain provisions not to apply), after
“44” insert “, 44A”.
6. In Article 22(6)(c)(ii) (transfer of licence), for “(l)” substitute “(m)”.
7.—(1) Article 34 (register of licences) is amended as follows.
(2) In paragraph (1)—
(a) in sub-paragraph (f), after “44”, insert “, 44A”, and
(b) omit sub-paragraph (g).
(3) In paragraph (4), for “Department” substitute “Department of Justice”.
8. In Article 58(1)(b) (prohibition on young persons in premises which sell
intoxicating liquor for consumption off the premises), at the end insert “in which
intoxicating liquor is made available for purchase”.

9. In Article 69F (consideration of closure order by court of summary
jurisdiction), in paragraph (2)—
(a) in sub-paragraph (c), after “Article 44” insert “or 44A”, and
(b) in sub-paragraph (c)(ii), after “Article 44(2)” insert “or Article 44A(3) or
(4) (as the case may be)”.
10. In Article 76D (young persons prohibited from certain pavement cafe areas),
omit paragraphs (3) and (4).
11. In Article 77A (conditions and licences for indoor arenas and outdoor
stadia), in paragraph (3), after “the indoor arena” insert “or outdoor stadium”.
12. In Schedule 1 (application for certain orders at same time as application for
licence), in paragraph 7—
(a) after “44” insert “, 44A”,
(b) omit “or for a children’s certificate”, and
(c) omit “or, as the case may be, the children’s certificate”.
13. In Schedule 9 (certain applications to court)—
(a) in the title, omit “or 59”,
(b) in paragraph 1, omit “or 59”, and
(c) in paragraph 4, omit paragraph (d).


Registration of Clubs (Northern Ireland) Order 1996


14. The Registration of Clubs Order is amended as follows.
15.—(1) Article 2 (interpretation) is amended as follows.
(2) In paragraph (2), omit the definition of “children’s certificate”.
(3) After paragraph (4) insert—
“(5) In this Order (other than Part 4A) 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.”.
16. In Article 16(5) (alteration of register of clubs), for “Department” substitute
“Department of Justice”.
17. In Article 32(5) (prohibition on young persons from bars: exception where
meal being eaten), in sub-paragraph (a), after “a meal” insert “consisting of at least
a main course and”.
18. In Article 52(1) (modifications of Schedules), for “, 4 and 5” substitute “and
4”.
19. In Schedule 1 (provisions to be included in club rules), after paragraph 13
(day membership at sporting clubs) insert—
“13A. But paragraph 13 entitles a person to use facilities of the club on
the day in question only if the person also engages in sporting activities of
the club on that day; and paragraph 14 applies subject to this paragraph.”.
20. In Schedule 2 (applications for grant of registration), omit paragraph 5.



SCHEDULE 2


Section 47


REPEALS

 

Short Title Extent of Repeal
Licensing (Northern Ireland)
Order 1996
In Article 2(2)—
(a) the definition of “children’s certificate”,
and
(b) in the definition of “intoxicating liquor”,
sub-paragraph (a) and, in the full-out
words beneath sub-paragraph (e), “(a),”.
In Article 30(7), the words “, Easter Day or Good
Friday”.
Article 34(1)(g).
In Article 42(1)(a), the words “Good Friday or”.
Article 42(1)(b) and the preceding “and”.
In Article 42(2)(b), the words “or Easter Day”.
In Article 44(6)(a), the words “Easter Day or
Good Friday,”.
In Article 45(1), the words “other than premises to
which an order under Article 44 applies”.
In Article 45(3)(a), the words “, Easter Day or
Good Friday”.
In Article 47(6)(a), the words “Easter Day or
Good Friday,”.
In Article 50(1), the words “or Easter Day”.
Article 58(5)(b) and the following “and”.
Article 58(7), (8) and (9).
In Article 58(10)(a), the words “or (7)”.
In Article 58(11), the words “or (8)”.
Article 59.
Article 60(5)(a).
Article 76D(3) and (4).
In Schedule 1, in paragraph 7, the words “or for a
children’s certificate” and “or, as the case may
be, the children’s certificate”.
In Schedule 9—
(a) in the Title, the words “or 59”,
(b) in paragraph 1, the words “or 59”, and

 

(c) paragraph 4(d).
In Article 2(2), the definition of “children’s
certificate”.
In Article 24(1)(a), the words “Good Friday or”.
Article 24(1)(b) and the preceding “and”.
In Article 24(1)(c), “Sunday or”.
In Article 24(2)(a)(i), the words “Good Friday or”.
Article 24(2)(a)(ii).
Article 24(2)(b) and the preceding “and”.
Article 25(b) and the preceding “or”.
In Article 26(3), the words “, Easter Day or Good
Friday”.
Article 32(4)(b) and the following “and”.
Article 32(6), (7) and (8).
In Article 32(9)(a), the words “or (6)”.
In Article 32(9)(b), the words “or (8)”.
In Article 32(10), the words “or (7)”.
In Article 32(11), the words “or (7)”.
Article 33.
In Schedule 2, paragraph 5.
Schedule 5.
Registration of Clubs
(Northern Ireland) Order
1996

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