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The Magistrates’ Courts (Licensing) (Amendment) Rules (Northern Ireland) 2021

S.R. 2021/339 · Made 9 December 2021

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Magistrates’ Courts

Procedures

Made 9th December 2021

Coming into operation 4th January 2022

The Magistrates’ Courts Rules Committee makes and the Department of Justice, after consultation with the Lady Chief Justice, allows the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981f1

Annotations to the whole text

Footnotes

f1

S.I. 1981/1675 (N.I. 26); Article 13 was amended by paragraph 65 of Schedule 5 to the Constitutional Reform Act 2005 (c.4); paragraph 133 of Schedule 18 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) and paragraph 4 of the Schedule to the Northern Ireland (Miscellaneous) Provisions) Act 2014 (c.13).

Contents

  1. 1Citation and Commencement
  2. 2Amendment to the Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation and Commencement

These Rules may be cited as the Magistrates’ Courts (Licensing) (Amendment) Rules (Northern Ireland) 2021 and shall come into operation on 4th January 2022.

2Amendment to the Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997

The Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997f1 are amended as follows:

(1)

In Rule 4—

(a)

in paragraph (2), after “Article 44 (for an order for additional permitted hours)” insert “or under Article 44A (for an order for further additional permitted hours),”;

(b)

after “16,”, insert “16A,”;

(c)

after paragraph (2), insert—

“(2A)

Where on such application the applicant intends also to make an application under Article 44 or Article 44A, a copy of the pages of the newspapers bearing the notices referred to in paragraph 2A of Schedule 9, endorsed with the date on which they were published, shall be lodged with the clerk of petty sessions a reasonable time before the hearing of the application.”.

(2)

In Rule 5(4), after sub-paragraph (b) insert—

“(ba)

for an order under Article 44A(2) other than on renewal;”.

(3)

In the title to Part VIII, after “hours” insert “and further additional permitted hours”.

(4)

In rule 11—

(a)

in paragraph (1), after “2” insert “, 2A”;

(b)

after paragraph (2), insert-

“(2A)

A copy of the pages of the newspapers bearing the notices referred to in paragraph 2A of Schedule 9, endorsed with the date on which they were published, shall be lodged with the clerk of petty sessions a reasonable time before the hearing of the application.”.

(5)

After rule 11, insert—

“Applications for further additional permitted hours where an order under Article 44 applies

11A.
(1)

Notice of an application for an order for further additional permitted hours, in accordance with Article 44A and paragraphs 2, 2A and 3 of Schedule 9, shall be in Form 16A.

(2)

A copy of the pages of the newspapers bearing the notices referred to in paragraph 2A of Schedule 9, endorsed with the date on which they were published, shall be lodged with the clerk of petty sessions a reasonable time before the hearing of the application.

(3)

Notice of intention to object to the making of an order for further additional permitted hours in accordance with paragraphs 4 and 5 of Schedule 9, shall be in Form 21.”.

(6)

In the Schedule—

(a)

in Form 16—

(i)

in note 3, omit “Easter Day or Good Friday”;

(ii)

in note 5, after “performing.” insert “An Article 44 order may not continue to be used for the provision of entertainment or refreshment after the latest time that intoxicating liquor may be consumed on the premises.”;

(b)

after Form 16, insert the form in the Schedule to these Rules;

(c)

in Form 18, in note 5, omit “Easter Day or Good Friday”;

(d)

in Form 21—

(i)

in the title, after “(order for additional permitted hours)]” insert “[Article 44A (order for further additional permitted hours)]”;

(ii)

after “(order for additional permitted hours)]”, insert “[an order under Article 44A of the Licensing (Northern Ireland) Order 1996 (order for further additional permitted hours)]”; and

(iii)

after note 3(b), insert—

“(ba)

in the case of an application under Article 44A, any of the grounds mentioned in Article 44A(5) and (7);”.

Signature

Nigel Broderick

Ciaran McQuillan

Cathy Hughes

Eoghan McKenna

Dated 29th November 2021

In exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 9th December 2021

L.S.

Naomi R Long

Minister of Justice

“”

Explanatory note

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997 (S.R. 1997 No. 62) in consequence of amendments made to the Licensing (Northern Ireland) Order 1996 (1996 No. 3158) (N.I. 22)) by the Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c.7) to—

  • make provision for the procedure for an application for an order for further additional permitted hours;

  • make provision requiring that a copy of the pages of the newspapers bearing a notice of intention to apply for an order for additional permitted hours be lodged with the clerk of petty sessions; and

  • make amendments consequential to the repeal of restrictions on Easter licensing hours and the alignment of closing time for liquor and entertainment.