OpenLegislation

The Licensing (Northern Ireland) Order 1990

1990/594 · Made 14 March 1990

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NORTHERN IRELAND

Made 14th March 1990

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

At the Court at Buckingham Palace, the 14th day of March 1990

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974f1 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Annotations to the whole text

Footnotes

f1

1974 c. 28

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: THE GENERAL LICENSING SYSTEM
  5. 3Prohibition on sale of intoxicating liquor without a licence
  6. 4Prohibition of consumption, etc., of intoxicating liquor at entertainments organised for gain
  7. Grant of licences
  8. 5Persons to whom licences may be granted
  9. 6Premises for which licences may be granted
  10. 7Applications for the grant of licences
  11. 8Powers of court on applications for licences
  12. 9Grant of licence conditional on alterations being made in premises
  13. 10Provisional grant of licences
  14. 11Preliminary approval of sites and disposal in certain cases
  15. 12Grant of new licence in lieu of existing licence
  16. 13Effect on new licence of suspension of surrendered, or previous, licence
  17. 14Duration of new licences
  18. Renewal of licences
  19. 15Applications for the renewal of licences
  20. 16Powers of court hearing applications for renewal
  21. 17Power to renew licences out of time
  22. 18Renewal of licences in respect of certain premises
  23. 19Renewal of licence pending grant of new licence
  24. 20Renewal of suspended licences
  25. 21Continuance of licence pending determination of appeal
  26. 22Duration of renewed licence
  27. Transfer of licences
  28. 23Applications for the transfer of licences
  29. 24Powers of court on applications for transfer
  30. 25Concurrent transfer and renewal of licences
  31. 26Transfer of suspended licences
  32. 27Appeal from transfer
  33. Temporary continuance of business in certain circumstances
  34. 28Protection orders
  35. 29Supplementary provisions relating to protection orders
  36. 30Temporary continuance of business on death, bankruptcy, etc.
  37. 31Temporary continuance of business in other premises
  38. Occasional licences
  39. 32Occasional licences
  40. Structure, etc., of licensed premises
  41. 33Separation of certain licensed premises from other business premises
  42. 34Suitability of certain premises for functions
  43. 35Restaurant not to contain bar
  44. 36Consent required for certain alterations to premises
  45. 37New licence required on reconstruction of premises
  46. Form, register and proof of licences, etc.
  47. 38Form of licence
  48. 39Register of licences
  49. 40Inspection of register
  50. 41Returns to Department
  51. 42Register of licences to be evidence
  52. 43Proof, etc., of licence
  53. Provisions as to certain acquisitions of licensed premises
  54. 44Provisions as to licences where premises are acquired under statutory powers
  55. 45Temporary occupation of licensed premises for purpose of carrying on business
  56. Part III: PERMITTED HOURS
  57. 46Prohibition of sale, etc., of intoxicating liquor outside permitted hours
  58. The permitted hours
  59. 47General permitted hours
  60. 48Permitted hours in certain premises on Sunday and Christmas Day
  61. 49Alternative permitted hours for off-sales
  62. 50Additional permitted hours in certain premises providing entertainment
  63. 51Permitted hours for places of public entertainment
  64. Exceptions
  65. 52Residents in, and deliveries to, certain premises
  66. 53Consumption or removal after permitted hours of liquor bought during those hours
  67. Extension licences
  68. 54Extension licences for sale, etc., of liquor in certain premises outside permitted hours
  69. Miscellaneous
  70. 55Persons found on licensed premises outside permitted hours, etc.
  71. 56Power of Secretary of State to vary hours in certain circumstances
  72. Part IV: CONDUCT OF LICENSED PREMISES, ETC.
  73. General provisions regulating sale, etc., possession and delivery of intoxicating liquor
  74. 57Penalty for selling, etc., intoxicating liquor without a licence
  75. 58Penalty for consumption of intoxicating liquor at entertainments organised for gain
  76. 59Restrictions on sale of certain kinds of alcohol
  77. 60Penalty for permitting consumption of intoxicating liquor in unlicensed part of premises
  78. 61Penalty for breach of terms of off-licence
  79. 62Selling, etc., intoxicating liquor contrary to conditions applicable to certain licences
  80. 63Restriction as to sale, etc., of intoxicating liquor for consumption off the premises and conditions as to sale, etc., in restaurants
  81. 64Places of public entertainment
  82. 65International airports
  83. 66Seamen’s canteens
  84. 67Conditions as to delivery of intoxicating liquor
  85. Minors
  86. 68Minors prohibited from certain premises
  87. 69Sale, etc., of intoxicating liquor to minors
  88. Preservation of order
  89. 70Drunkenness in licensed premises
  90. 71Procuring drink for drunken person
  91. 72Power to exclude drunken persons, etc., from licensed premises
  92. 73Riotous, disorderly or indecent behaviour in licensed premises
  93. 74Prostitutes not to be allowed to assemble on licensed premises
  94. Miscellaneous
  95. 75Provision for inspection and rights of entry
  96. 76Persons found on unlicensed premises, etc.
  97. 77Production of licence
  98. Part V: SUSPENSION OF LICENCES
  99. 78Suspension of licences
  100. 79Penalty for opening licensed premises during period of suspension
  101. 80Procedure in connection with suspension
  102. 81Appeals against suspension of licence, etc.
  103. Part VI: MISCELLANEOUS
  104. Seamen’s canteens
  105. 82Special provisions with respect to grant or renewal of licences for seamen’s canteens
  106. Wholesale dealers
  107. 83Sales by wholesalers, etc.
  108. Pharmacists
  109. 84Sale of intoxicating liquor, etc., by pharmacists
  110. Vessels, aircraft and trains
  111. 85Licences for non-seagoing vessels
  112. 86Application of Order to certain seagoing vessels and to aircraft and railway passenger vehicles
  113. Legal proceedings
  114. 87Evidence
  115. 88Appeals
  116. Supplemental
  117. 89Exemptions and savings
  118. 90Modifications of Schedules, amendments, transitional provisions, savings and repeals
  119. Signature
  120. Schedule 1: APPLICATIONS FOR THE GRANT OF LICENCES
  121. Part I: GRANT OF LICENCES
  122. 1Paragraph 1
  123. 2Paragraph 2
  124. 3Paragraph 3
  125. 4Paragraph 4
  126. 5Paragraph 5
  127. 6Paragraph 6
  128. Part II: PROVISIONAL GRANT OF LICENCES
  129. 7Paragraph 7
  130. 8Paragraph 8
  131. Part III: APPLICATION TO HAVE PROVISIONAL GRANTS OF LICENCESDECLARED FINAL
  132. 9Paragraph 9
  133. 10Paragraph 10
  134. 11Paragraph 11
  135. 12Paragraph 12
  136. 13Paragraph 13
  137. Schedule 2: MEANING OF “SUBSISTING LICENCE”
  138. 1Paragraph 1
  139. 2Paragraph 2
  140. 3Paragraph 3
  141. Schedule 3: APPROVAL OF SITES, DISPOSAL OF SITES OR PREMISES AND GRANT OF LICENCES FOR PREMISES ON APPROVED SITES
  142. Part I: APPROVAL OF SITES
  143. Interpretation
  144. 1Paragraph 1
  145. Proposals as to sites
  146. 2Paragraph 2
  147. Applications
  148. 3Paragraph 3
  149. Declarations
  150. 4Paragraph 4
  151. Duration of declaration
  152. 5Paragraph 5
  153. Effect of declaration
  154. 6Paragraph 6
  155. Part II: DISPOSAL OF APPROVED SITES OR PREMISES IN RE-DEVELOPMENT AREAS
  156. Application of this Part
  157. 7Paragraph 7
  158. Power to dispose of sites or premises
  159. 8Paragraph 8
  160. Acquisition of sites or premises by persons dispossessed of licences
  161. 9Paragraph 9
  162. Disposal of remaining sites or premises, if any
  163. 10Paragraph 10
  164. Contracts as to sites
  165. 11Paragraph 11
  166. Procedure where contract cancelled, etc.
  167. 12Paragraph 12
  168. Transfer of land between housing authorities
  169. 13Paragraph 13
  170. Part III: EXPENSES
  171. Financial provisions
  172. 14Paragraph 14
  173. Schedule 4: APPLICATIONS FOR THE RENEWAL OF LICENCES
  174. Part I: GENERAL PROCEDURE
  175. 1Paragraph 1
  176. 2Paragraph 2
  177. 3Paragraph 3
  178. 4Paragraph 4
  179. 5Paragraph 5
  180. 6Paragraph 6
  181. 7Paragraph 7
  182. Part II: PROCEDURE FOR RENEWALS OUT OF TIME
  183. 8Paragraph 8
  184. 9Paragraph 9
  185. Schedule 5: APPLICATIONS FOR THE TRANSFER OF LICENCES
  186. Part I: TRANSFER OF LICENCES
  187. 1Paragraph 1
  188. 2Paragraph 2
  189. 3Paragraph 3
  190. 4Paragraph 4
  191. 5Paragraph 5
  192. Part II: TRANSFER OF LICENCES PROVISIONALLY GRANTED
  193. 6Paragraph 6
  194. Schedule 6: APPLICATIONS FOR PROTECTION ORDERS AND AUTHORISATIONS OF TEMPORARY CONTINUANCE OF BUSINESSES
  195. 1Paragraph 1
  196. 2Paragraph 2
  197. 3Paragraph 3
  198. 4Paragraph 4
  199. 5Paragraph 5
  200. 6Paragraph 6
  201. Schedule 7: APPLICATIONS FOR OCCASIONAL LICENCES
  202. 1Paragraph 1
  203. 2Paragraph 2
  204. 3Paragraph 3
  205. 4Paragraph 4
  206. 5Paragraph 5
  207. 6Paragraph 6
  208. Schedule 8: APPLICATIONS AND NOTICES UNDER ARTICLE 36
  209. Part I: APPLICATIONS FOR CONSENT TO ALTERATIONS
  210. 1Paragraph 1
  211. 2Paragraph 2
  212. 3Paragraph 3
  213. 4Paragraph 4
  214. 5Paragraph 5
  215. 6Paragraph 6
  216. Part II: NOTICES OF ALTERATIONS REQUIRED BY AUTHORITIES
  217. 7Paragraph 7
  218. 8Paragraph 8
  219. Schedule 9: APPLICATIONS UNDER ARTICLE 50
  220. 1Paragraph 1
  221. 2Paragraph 2
  222. 3Paragraph 3
  223. 4Paragraph 4
  224. 5Paragraph 5
  225. Schedule 10: APPLICATIONS FOR EXTENSION LICENCES
  226. 1Paragraph 1
  227. 2Paragraph 2
  228. 3Paragraph 3
  229. 4Paragraph 4
  230. 5Paragraph 5
  231. 6Paragraph 6
  232. Schedule 11: AMENDMENTS
  233. The Probation Act (Northern Ireland) 1950 (c. 7)
  234. 1Paragraph 1
  235. The Northern Ireland (Emergency Provisions) Act 1978 (c. 5)
  236. 2Paragraph 2
  237. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)
  238. 3Paragraph 3
  239. 4Paragraph 4
  240. The Registration of Clubs (Northern Ireland) Order 1987 (NI 14)
  241. 5Paragraph 5
  242. Schedule 12: TRANSITIONAL PROVISIONS AND SAVINGS
  243. 1Paragraph 1
  244. 2Paragraph 2
  245. 3Paragraph 3
  246. 4Paragraph 4
  247. Schedule 13REPEALS
  248. Explanatory note