Article 34 Suitability of certain premises for functions

(1)

A court which grants a licence for premises mentioned in Article 50(7) or declares such a licence to be final or renews such a licence may, upon the application of the person applying for the grant, declaration or renewal, by order specify any part of the premises as being suitable for functions such as are mentioned in Article 54(6), if the court—

(a)

is satisfied of that fact; and

(b)

is also satisfied that—

(i)

that part of the premises is structurally adapted and used or intended to be used for the purpose of providing for the accommodation of persons frequenting it substantial refreshment to which the sale of intoxicating liquor is ancillary; and

(ii)

suitable means of access to that part of the premises, otherwise than through any other part of the premises which is used for the sale of intoxicating liquor, are available for customers.

(2)

An order under paragraph (1) may be revoked by a court of summary jurisdiction on the renewal of the licence—

(a)

at the request of the person applying for the renewal; or

(b)

if the court is not satisfied of the continuance of the facts mentioned in paragraph (1)(a) and (b).