OpenLegislation

Article 58A Suitability of certain premises for underage functionsF1

(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.

Annotations

Textual amendments

F1

Arts. 58A, 58B inserted (6.4.2022) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7), ss. 14(1), 47(2); S.R. 2022/63, art. 2, Sch.

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481