Article 76B F1

(1)

This Article applies where—

(a)

a pavement café area is associated with premises for which a licence is in force;

(b)

those premises are—

(i)

a hotel;

(ii)

a guest house in which the business of a restaurant is carried on;

(iii)

a restaurant; or

(iv)

a refreshment room in public transport premises; and

(c)

the pavement café licence relating to the pavement café area does not include a condition requiring the licence holder not to permit persons to consume intoxicating liquor when using furniture on that area.

(2)

For the purposes of the reference in Article 5(3)(b) to consumption off the premises, the pavement café area is to be treated as part of the premises.

(3)

If the premises are a hotel, the pavement café area is also to be treated as part of the premises for the purposes of the references in Article 5(5)(b) to consumption off the premises and to a diner in the premises.

(4)

If—

(a)

the premises are a restaurant, or a guest house in which the business of a restaurant is carried on, and

(b)

the business of the restaurant is carried on partly on the pavement café area,

the pavement café area is also to be treated for the purposes of Article 51(4)(a)(ii) (and, in the case of a guest house, Article 51(2)) as being a part of the restaurant.

Annotations

Textual amendments

F1: Pt. 5A inserted (1.10.2016) by Licensing of Pavement Cafes Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 2; S.R. 2016/126, art. 2

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481