Statutory Instrument 1990 No. 594 (N.I. 6)

The Licensing (Northern Ireland) Order 1990

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1990 No. 594 (N.I. 6)

NORTHERN IRELAND

The Licensing (Northern Ireland) Order 1990

Made	14th March 1990

Coming into operation on days to be appointed under Article 1(2)

ARRANGEMENT OF ORDER

Article
PART I
INTRODUCTORY
1.	Title and commencement.
2.	Interpretation.
PART II
THE GENERAL LICENSING SYSTEM
3.	Prohibition on sale of intoxicating liquor without a licence.
4.	Prohibition on consumption, etc., of intoxicating liquor at entertainments organised for gain.
Grant of licences
5.	Persons to whom licences may be granted.
6.	Premises for which licences may be granted.
7.	Applications for the grant of licences.
8.	Powers of court on applications for licences.
9.	Grant of licence conditional on alterations being made in premises.
10.	Provisional grant of licences.
11.	Preliminary approval of sites and disposal in certain cases.
12.	Grant of new licence in lieu of existing licence.
13.	Effect on new licence of suspension of surrendered, or previous, licence.
14.	Duration of new licences.
Renewal of licences
15.	Applications for the renewal of licences.
16.	Powers of court hearing applications for renewal.
17.	Power to renew licences out of time.
18.	Renewal of licences in respect of certain premises.
19.	Renewal of licence pending grant of new licence.
20.	Renewal of suspended licences.
21.	Continuance of licence pending determination of appeal.
22.	Duration of renewed licence.
Transfer of licences
23.	Applications for the transfer of licences.
24.	Powers of court on applications for transfer.
25.	Concurrent transfer and renewal of licences.
26.	Transfer of suspended licences.
27.	Appeal from transfer.
Temporary continuance of business in certain circumstances
28.	Protection orders.
29.	Supplementary provisions relating to protection orders.
30.	Temporary continuance of business on death, bankruptcy, etc.
31.	Temporary continuance of business in other premises.
Occasional licences
32.	Occasional licences.
Structure, etc., of licensed premises
33.	Separation of certain licensed premises from other business premises.
34.	Suitability of certain premises for functions.
35.	Restaurant not to contain bar.
36.	Consent required for certain alterations to premises.
37.	New licence required on reconstruction of premises.
Form, register and proof of licences, etc.
38.	Form of licence.
39.	Register of licences.
40.	Inspection of register.
41.	Returns to Department.
42.	Register of licences to be evidence.
43.	Proof, etc., of licence.
Provisions as to certain acquisitions of licensed premises
44.	Provisions as to licences where premises are acquired under statutory powers.
45.	Temporary occupation of licensed premises for purpose of carrying on business.
PART III
PERMITTED HOURS
46.	Prohibition of sale, etc., of intoxicating liquor outside permitted hours.
The permitted hours
47.	General permitted hours.
48.	Permitted hours in certain premises on Sunday and Christmas Day.
49.	Alternative permitted hours for off-sales.
50.	Additional permitted hours in certain premises providing entertainment.
51.	Permitted hours for places of public entertainment.
Exceptions
52.	Residents in, and deliveries to, certain premises.
53.	Consumption or removal after permitted hours of liquor bought during those hours.
Extension licences
54.	Extension licences for sale, etc., of liquor in certain premises outside permitted hours.
Miscellaneous
55.	Persons found on licensed permises outside permitted hours, etc.
56.	Power of Secretary of State to vary hours in certain circumstances.
PART IV
CONDUCT OF LICENSED PREMISES, ETC.
General provisions regulating sale, etc., possession and delivery of intoxicating liquor
57.	Penalty for selling, etc., intoxicating liquor without a licence.
58.	Penalty for consumption of intoxicating liquor at entertainments organised for gain.
59.	Restrictions on sale of certain kinds of alcohol.
60.	Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises.
61.	Penalty for breach of terms of off-licence.
62.	Selling, etc., intoxicating liquor contrary to conditions applicable to certain licences.
63.	Restriction as to sale, etc., of intoxicating liquor for consumption off the premises and conditions as to sale, etc., in restaurants.
64.	Places of public entertainment.
65.	International airports.
66.	Seamen's canteens.
67.	Conditions as to delivery of intoxicating liquor.
Minors
68.	Minors prohibited from certain premises.
69.	Sale, etc., of intoxicating liquor to minors.
Preservation of order
70.	Drunkenness in licensed premises.
71.	Procuring drink for drunken person.
72.	Power to exclude drunken persons, etc., from licensed premises.
73.	Riotous, disorderly or indecent behaviour in licensed premises.
74.	Prostitutes not to be allowed to assemble on licensed premises.
Miscellaneous
75.	Provision for inspection and rights of entry.
76.	Persons found on unlicensed premises, etc.
77.	Production of licence.
PART V
SUSPENSION OF LICENCES
78.	Suspension of licences.
79.	Penalty for opening licensed premises during period of suspension.
80.	Procedure in connection with suspension.
81.	Appeals against suspension of licence, etc.
PART VI
MISCELLANEOUS
Seamen's canteens
82.	Special provisions with respect to grant or renewal of licences for seamen's canteens.
Wholesale dealers
83.	Sales by wholesalers, etc.
Pharmacists
84.	Sale of intoxicating liquor, etc., by pharmacists.
Vessels, aircraft and trains
85.	Licences for non-seagoing vessels.
86.	Application of Order to certain seagoing vessels, and to aircraft and railway passenger vehicles.
Legal proceedings
87.	Evidence.
88.	Appeals.
Supplemental
89.	Exemptions and savings.
90.	Modifications of Schedules, amendments, transitional provisions, savings and repeals.

SCHEDULES:
	Schedule 1—	Applications for the grant of licences.
	Part I—	Grant of licences.
	Part II—	Provisional grant of licences.
	Part III—	Application to have provisional grants of licences declared final.
	Schedule 2—	Meaning of "subsisting licence".
	Schedule 3—	Approval of sites, disposal of sites or premises and grant of licences for premises on approved sites.
	Part I—	Approval of sites.
	Part II—	Disposal of approved sites or premises in re-development areas.
	Part III—	Expenses.
	Schedule 4—	Applications for the renewal of licences.
	Part I—	General procedure.
	Part II—	Procedure for renewals out of time.
	Schedule 5—	Applications for the transfer of licences.
	Part I—	Transfer of licences.
	Part II—	Transfer of licences provisionally granted.
	Schedule 6—	Applications for protection orders and authorisations of temporary continuance of businesses.
	Schedule 7—	Applications for occasional licences.
	Schedule 8—	Applications and notices under Article 36.
	Part I—	Applications for consent to alterations.
	Part II—	Notices of alterations required by authorities.
	Schedule 9—	Applications under Article 50.
	Schedule 10—	Applications for extension licences.
	Schedule 11—	Amendments.
	Schedule 12—	Transitional provisions and savings.
	Schedule 13—	Repeals.

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