LICENSING ACT (NORTHERN IRELAND) 1971

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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 49



49.(1) A court of summary jurisdiction, or a clerk of petty sessions acting
under subsection (3), may, on an application duly made by a person who is the
holder of a licence for premises which are or include premises to which this
section applies, grant a licence (in this Act referred to as "an extension
licence") authorising that person to sell intoxicating liquor by retail

(a)in such part or parts of the premises to which this section applies, and

(b)between such hours,

(2) The procedure for applications for extension licences is set out in
Schedule 9.

(3) Subject to subsection (4), where notice of an application for
an extension licence has been served upon the clerk of petty sessions, he may
grant the extension licence as if the application had been made to him and may
do so in the absence of the applicant.

(4) Where

(a)a notice of objection has been served upon the clerk and has not been
withdrawn, or

(b)the clerk is of the opinion, for any other reason, that an application for
the extension licence should be made to the court,

(5) An extension licence shall not be granted unless the clerk of petty
sessions, or, if application is required to be made to a court, the court, is
satisfied that the sale of intoxicating liquor under the licence will be
ancillary to a function to which this subsection applies which is to be held
in the premises to which this section applies during the hours specified in
the licence.

(6) The functions to which subsection (5) applies are

(a)functions organised by any body established for social, charitable or
benevolent purposes or for furthering the common interests of persons
associated with any trade, profession, educational or cultural activity, game
or sport;

(b)functions (not exceeding six in number in any year) organised by the
licence holder.

(7) Nothing in this section shall permit an extension licence to authorise the
sale of intoxicating liquor on any Sunday, or on Christmas Day or Good Friday,
or during any part of the period from half-past one in any morning to
half-past eleven in that morning.

(8) An extension licence shall not authorise the sale of intoxicating liquor
for consumption off the part or parts of the premises specified in the
licence.

(9) If the holder of an extension licence or any servant or agent of his sells
intoxicating liquor in contravention of subsection (8), the holder of the
licence shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding #100.

(10) Where an extension licence is in force in connection with a function,
section 41 shall not prohibit

(a)the purchase by persons lawfully attending the function of
intoxicating liquor during the hours specified in the licence; or

(b)the consumption by those persons, or permitting their consumption, of
intoxicating liquor during those hours and the first thirty minutes after the
conclusion of those hours,

(11) An extension licence granted in connection with a function in any
premises shall, at any time during the period of the function when
intoxicating liquor is sold or made available for purchase or being consumed
in the premises, forthwith be produced by the person who is in charge of the
sale of intoxicating liquor there for examination by a constable at his
request, and if it is not so produced without reasonable excuse the holder of
the licence and that person shall each be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding #20.

(12) The premises to which this section applies are

(a)an hotel;

(b)a restaurant;

(c)any part of premises of a kind mentioned in section 3(1)(a) for which an
order under section 29 is in force.

Persons found on licensed premises outside permitted hours, etc.

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Northern Irish Legislation

LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 49