LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 45 Additional permitted hours in hotels or restaurants providing entertainment.

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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 45

Additional permitted hours in hotels or restaurants providing entertainment.

45.(1) Subject to the provisions of this section, a court which grants a
licence for an hotel or a restaurant 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 direct that

(a)on such days during such period not exceeding one year; and

(b)in such part or parts of the hotel or restaurant;

(2) A court shall not make an order under subsection (1) unless it is
satisfied

(a)that each part of the hotel or restaurant specified in the order is
structurally adapted and used or intended to be used for the purpose of
habitually providing during the period specified in the order, for the
accommodation of persons frequenting it, musical or other entertainment as
well as substantial refreshment, and the sale of intoxicating liquor is
ancillary to that refreshment and entertainment; and

(b)if such an order was in force with respect to the hotel or restaurant for
any period during the preceding year, that throughout that period

(i)the requirements of paragraph (a) and the condition mentioned in subsection
(3) (if applicable) were complied with, and

(ii)the business was conducted during the hours mentioned in subsection (1)
and any period immediately following their termination in such a manner as not
to cause undue inconvenience to persons residing in the vicinity of the hotel
or restaurant.

(3) Where a court makes an order under subsection (1) in relation to an hotel
it shall insert in the licence for the hotel a condition that the specified
part or parts of the hotel shall not be used for the sale of
intoxicating liquor for consumption off the premises during the hours from
eleven in the evening of any day specified in the order to half-past one in
the morning of the day next following.

(4) Where upon complaint made under Part IX of the Magistrates' Courts Act
(Northern Ireland) 1964, a court of summary jurisdiction is satisfied that the
business carried on in premises to which an order under subsection (1) applies
is being conducted during the hours mentioned in that subsection or any period
immediately following their termination in such a manner as to cause undue
inconvenience to persons residing in the vicinity of the premises, the court
may

(a)revoke the order and the condition mentioned in subsection (3) (if
applicable), or

(b)modify the order or, in relation to the order and any such condition, the
hours mentioned in subsection (1), or

(c)make the continuance of the order subject to such terms and conditions as
the court thinks fit.

(5) Nothing in this section shall permit an order to authorise the sale of
intoxicating liquor on any Sunday, or on Christmas Day or Good Friday, or to a
person admitted to the premises after one in the morning or, where the
entertainment is due to end before half-past one in the morning, less than
half an hour before the entertainment is due to end.

(6) In this section "entertainment" does not include any form of entertainment
given otherwise than by persons actually present and performing, and no part
of an hotel or restaurant shall be treated for the purposes of this section as
used or intended to be used for the purpose of habitually providing
refreshment and entertainment during any period unless it is used or intended
to be used for the purpose of providing them after, and for a substantial
period preceding, the end of the general permitted hours mentioned in
section 42 on every weekday during that period or on particular weekdays in
every week during that period, any break for a period or periods not exceeding
two weeks in any three sucessive months, or on any special occasion, or by any
reason of any emergency being disregarded.

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Northern Irish Legislation

LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 45