Article 75 Procedure in connection with suspension

Northern Ireland

(1)

Where the holder of a licence is charged with an offence under—

(a)

any provision of this Order, or

(b)

the 1991 NI 7. Food Safety (Northern Ireland) Order 1991, where the offence was committed in or in relation to the licensed premises, or

(c)

the 1985 NI 11. Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 where the offence was committed in the licensed premises, or

(d)

section 13 of the 1885 c. 69. Criminal Law Amendment Act 1885,

the court may require the register of licences in which particulars of the licence are recorded, or a copy of the entries therein relating to the licence, to be produced for inspection by the court before passing sentence.

(2)

A court which suspends a licence F1... shall order the holder of the licence to deliver it to the clerk of the court within a period specified in the order, unless it has already been so delivered and has not been returned under paragraph (3); and if he contravenes the order he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

(3)

The clerk of a court to whom a licence is delivered under paragraph (2) shall F2retain the licence and the licence shall not be returned to the holder of the licence until the end of the period of suspension.

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in art. 75(2) repealed (1.5.2012) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011 (c. 18), s. 18, Sch. 4; S.R. 2012/48, art. 2, Sch.
F2: Words in art. 75(3) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 110(18) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
F3: Art. 75(4) repealed (1.5.2012) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011 (c. 18), s. 18, Sch. 4; S.R. 2012/48, art. 2, Sch.

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481