Statutory Instrument 1996 No. 3158 (N.I. 22)

The Licensing (Northern Ireland) Order 1996

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1996 No. 3158 (N.I. 22)

NORTHERN IRELAND

The Licensing (Northern Ireland) Order 1996

Made	19th December 1996

Coming into operation

20th February 1997

ARRANGEMENT OF ORDER

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.	Persons to whom licences may be granted.
5.	Premises for which licences may be granted.
6.	Premises for which licences shall not be granted.
Grant of licences
7.	Grant of licences.
8.	Grant of licence conditional on alterations being made in premises.
9.	Provisional grant of licences.
10.	Preliminary approval of sites and disposal in certain cases.
11.	Grant of new licence in lieu of existing licence.
12.	Effect on new licence of suspension of surrendered, or previous, licence.
13.	Duration of new licences.
Renewal of licences
14.	Renewal of licences.
15.	Renewal of licences by a court.
16.	Power to renew licences out of time.
17.	Renewal of licences in respect of certain premises.
18.	Renewal of licence pending grant of new licence.
19.	Renewal of suspended licences.
20.	Continuance of licence pending determination of appeal.
21.	Duration of renewed licence.
Transfer of licences
22.	Transfer of licences.
23.	Concurrent transfer and renewal of licences.
24.	Transfer of suspended licences.
25.	Appeal from transfer.
Temporary continuance of business in certain circumstances
26.	Protection orders.
27.	Supplementary provisions relating to protection orders.
28.	Temporary continuance of business on death, bankruptcy, etc.
29.	Temporary continuance of business in other premises.
Occasional licences
30.	Occasional licences.
Structure, etc., of licensed premises
31.	Consent required for certain alterations to premises.
32.	New licence required on reconstruction of premises.
Form, register and proof of licences, etc.
33.	Form of licence.
34.	Register of licences.
35.	Inspection of register.
36.	Returns to Department.
37.	Register of licences to be evidence.
38.	Proof, etc., of licence.
Provisions as to certain acquisitions of licensed premises
39.	Provisions as to licences where premises are acquired under statutory powers.
40.	Temporary occupation of licensed premises for purpose of carrying on business.
PART III
PERMITTED HOURS
41.	Prohibition of sale, etc., of intoxicating liquor outside permitted hours.
The permitted hours
42.	General permitted hours.
43.	Alternative permitted hours for off-sales.
44.	Orders for additional permitted hours.
45.	Authorisations for additional permitted hours.
Exceptions
46.	Exceptions from prohibition of sale, etc., of intoxicating liquor outside permitted hours.
Extension licences
47.	Extension licences for sale, etc., of liquor in certain premises outside permitted hours.
48.	Suitability of certain premises for functions.
Miscellaneous
49.	Power of Secretary of State to vary hours in certain circumstances.
PART IV
CONDUCT OF LICENSED PREMISES, ETC.
Conditions for sale, etc., of intoxicating liquor applicable to certain licences
50.	Restriction as to sale, etc., of intoxicating liquor for consumption off the premises.
51.	Conditions as to sale, etc., in guest houses and restaurants.
52.	Places of public entertainment.
53.	International airports.
54.	Seamen's canteens.
General provisions regulating sale, etc., possession and delivery of intoxicating liquor
55.	Restrictions on sale of certain kinds of alcohol.
56.	Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises.
57.	Penalty for breach of terms of off-licence.
Special provision with respect to young persons
58.	Young persons prohibited from certain premises.
59.	Children's certificates.
60.	Sale, etc., of intoxicating liquor to young persons.
Preservation of order
61.	Drunkenness in licensed premises.
62.	Procuring drink for drunken person.
63.	Power to exclude drunken persons, etc., from licensed premises.
64.	Riotous, disorderly or indecent behaviour in licensed premises.
65.	Prostitutes not to be allowed to assemble on licensed premises.
Miscellaneous
66.	Conditions as to delivery of intoxicating liquor.
67.	Prohibition of consumption, etc., of intoxicating liquor at entertainments.
68.	Prohibition of consumption, etc., of intoxicating liquor in certain premises.
69.	Persons found on unlicensed premises, etc.
PART V
ENFORCEMENT
70.	Production of licence.
71.	Provision for inspection and rights of entry.
Suspension of licences
72.	Suspension of licences.
73.	Suspension of licences on conviction of certain offences.
74.	Penalty for opening licensed premises during period of suspension.
75.	Procedure in connection with suspension.
76.	Appeals against suspension of licence, etc.
PART VI
MISCELLANEOUS
Seamen's canteens
77.	Special provisions with respect to grant or renewal of licences for seamen's canteens.
Wholesale dealers
78.	Sales by wholesalers, etc.
Pharmacists
79.	Sale of intoxicating liquor, etc., by pharmacists.
Vessels, aircraft and trains
80.	Licences for non-seagoing vessels.
81.	Application of Order to certain seagoing vessels and to aircraft and railway passenger vehicles.
Legal proceedings
82.	Evidence.
83.	Appeals.
Supplemental
84.	Exemptions and savings.
85.	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 grant 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 31.
	Part I—	Applications for consent to alterations.
	Part II—	Notices of alterations required by authorities.
	Schedule 9—	Applications under Article 43, 44, 48 or 59.
	Schedule 1O—	Applications for extension licences.
	Schedule 11—	Amendments.
	Schedule 12—	Transitional provisions and savings.
	Schedule 13—	Repeals.

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