LICENSING ACT (NORTHERN IRELAND) 1971

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> LICENSING ACT (NORTHERN IRELAND) 1971
[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]
LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 84



84.(1) In this Act

"appeal", except in section 83(1), includes an appeal by way of case stated;

"bar" means an open drinking bar;

"business" includes any business whether or not carried on for profit;

"bus station" means premises which

(a)are provided by a statutory body exercising functions under the Transport
Act (Northern Ireland) 1967 or by an undertaking which is the holder of a road
service licence granted under that Act, and

(b)include amenities and facilities (including enclosed waiting facilities
elsewhere than in a licensed part of the premises) for persons who have used
or intend to use the services of such an undertaking;

"cider" includes perry;

"common part", in relation to any premises, means a part open generally to all
residents or to a particular class of them;

"diner" means a person who is partaking of a main table meal or is about to
partake of such a meal or has just partaken of such a meal;

"divisional commander" means a divisional commander of the Royal Ulster
Constabulary;

"doctor" means a fully registered person within the meaning of the Medical
Acts 1956 to 1969;

"enactment" has the meaning assigned to it by section 1(b) of the
Interpretation Act (Northern Ireland) 1954;

"extension licence" has the meaning assigned to it by section 49(1);

"harbour terminal" means premises providing amenities and facilities for
persons who have travelled by sea to, or intend to travel by sea from,
Northern Ireland which are built upon harbour premises in the vicinity of the
point at which such persons embark or disembark;

"holder of a licence" includes a person such as is mentioned in section 25(2);

"hotel", without prejudice to subsection (4), means any premises or set of
premises registered in the register of hotels maintained by the Northern
Ireland Tourist Board under section 10 of the Development of Tourist Traffic
Act (Northern Ireland) 1948;

"housing authority" means

(a)a local or public body exercising functions under the Housing Acts
(Northern Ireland) 1890 to 1971;

"intoxicating liquor" means spirits, wine, beer, cider and any other
fermented, distilled, or spirituous liquor, but does not include

(a)angostura bitters; or

(b)(apart from cider) any liquor for the sale of which by wholesale no excise
licence is required;

"licence" means a licence under this Act authorising the sale of
intoxicating liquor by retail but except in sections 61 to 63, 65, 66 and
82(3) does not include an occasional licence;

"licensed premises"

(a)except in the case of an hotel, means the part or parts of the premises for
which a licence is in force which are delineated in the plan kept by the clerk
of petty sessions as the part or parts of those premises in which
intoxicating liquor is permitted to be sold by retail;

(b)in the case of an hotel, means the hotel premises;

and for the purposes of sections 53, 61 to 66 and 82(3) and (5) includes the
place or premises specified in an occasional licence;

"licensing year" means a period beginning on 1st October in any year and
ending on 30th September in the next following year;

"local body" means a district council or the council of a county exercising
the functions of a district council and in relation to premises in any area
means the local body for that area;

"modify" means making additions, omissions, amendments or substitutions;

"notice" means notice in writing;

"occasional licence" has the meaning assigned to it by section 27(1);

"owner"

(a)in relation to a business, includes any personal representative, trustee,
assignee, committee, liquidator, receiver or guardian carrying on the business
in exercise of a power conferred by or under any statutory provision, will or
deed;

(b)in relation to premises, means the person for the time being receiving the
rack rent of the premises, whether on his own account or as personal
representative, trustee, assignee, committee, liquidator, receiver or
guardian, or who would so receive the same if the premises were let at a rack
rent;

"permitted hours", subject to sections 43 to 46, means the hours specified in
section 42;

"pharmacist" means a registered pharmaceutical chemist or a registered
druggist;

"place of public entertainment" means premises used as a theatre or such other
premises used for the purposes of such entertainments, in accordance with such
conditions, as may be prescribed by regulations made subject to affirmative
resolution;

"police division", in relation to a divisional commander, means the division
for which that commander acts;

"protection order" has the meaning assigned to it by section 23(1);

"public body" means a body constituted by or under any statutory provision;

"public part", in relation to any premises, means a part open to customers who
are not residents or guests of residents;

"public place" includes any place to which the public have access whether as
of right or by permission and whether subject to or free of charge;

"public transport premises" means a railway station or an airport, or a
harbour terminal or bus station as defined by this subsection;

"regulations" except in Schedule 3, means regulations made by the Ministry of
Home Affairs subject (except as otherwise provided in this Act) to negative
resolution;

"renewal date" in relation to any licensing year means 1st September in that
year;

"resident", in relation to an hotel, means a guest or traveller who has lodged
in the hotel for the preceding night or has in writing engaged a room for the
succeeding night;

"restaurant" means any premises

(a)which are structurally adapted and used, or intended to be used, for the
purpose of providing persons frequenting the premises with a customary main
meal at midday or in the evening, or both; and

(b)for which there is in force a certificate from the Northern Ireland Tourist
Board stating

(i)that the restaurant for which the certificate is in force is registered in
the register of restaurants maintained by the Board under section 10 of the
Development of Tourist Traffic Act (Northern Ireland) 1948;

(ii)that in the opinion of the Board the restaurant

(i)(aa)is well equipped and well furnished and provides comfortable seating in
the dining room or rooms;

(i)(bb)is operated by a competent management and staff; and

(i)(cc)provides a high standard of catering; and

<(iii)that the restaurant conforms to the requirements, if any, prescribed by regulations made with the concurrence of the Ministry of Commerce;


but does not include premises of a kind mentioned in section 3(1)(a) in which
there is carried on the business of selling meals or refreshments;

"seamen's canteen" means any premises provided by a body approved by the
Secretary of State which

(a)are structurally adapted and used, or intended to be used, for the purpose
of providing persons frequenting the premises with food or drink, whether or
not the food or drink is separately paid for; and

(b)are situated in a place for which there is in force a certificate granted
by the Secretary of State after consultation with the Merchant Navy Welfare
Board stating that there is need for a seamen's canteen;

"servant" includes apprentice;

"statutory provision" has the meaning assigned to it by section 1(f) of the
Interpretation Act (Northern Ireland) 1954;

"suspended licence" means a licence suspended under Part IV;

"table meal" means a meal eaten by a person seated at

(a)a table; or

(b)a counter or other structure which serves the purpose of a table and which
is not used

(i)wholly or mainly as a bar; or

(ii)for the service of refreshments for consumption by persons not seated at a
table or that counter or structure;

"theatre" means any premises for which there is in force a theatre licence
granted under [the Theatres (Northern Ireland) Order 1979].

(2) References in this Act to premises include references to their curtilages.

(3) References in this Act to premises as being of any kind are references to
them as being of one of the kinds mentioned in section 3(1)(a) to (g).

(4) For the purposes of this Act, except the provisions thereof relating to
the grant of licences, licensed premises shall be treated as an hotel
notwithstanding that they are not registered in the register of hotels
mentioned in subsection (1), if

(a)a note such as is mentioned in paragraph 7(1) of Schedule 11, showing that
the licence was granted before 31st July 1902 has been made on the licence and
recorded in the register of licences in respect of the premises, and

(i)the premises were before 1st October 1968, and continue to be, an hotel as
defined in section 1(3) of the Intoxicating Liquor Act (Northern Ireland)
1923, and

(ii)the accommodation for guests which is provided in the premises is approved
by the Northern Ireland Tourist Board; or

(b)the licence was granted after 30th July 1902 and before 1st October 1968
and the premises

(i)at the time of the grant were an hotel as defined in section 2(2) of the
Licensing (Ireland) Act 1902 or section 9(a)(ii) of the Intoxicating Liquor
Act (Northern Ireland) 1923, and

(ii)are registered in the register of guest houses maintained by the Northern
Ireland Tourist Board under section 10 of the Development of Tourist Traffic
Act (Northern Ireland) 1948, and

<(iii)continue to have no public bar for the sale of intoxicating liquor.


(5) In this Act any reference to selling intoxicating liquor by retail is a
reference to selling such liquor as mentioned in [section 4(4) of the Alcholic
Liquor Duties Act 1979] and any reference to making such liquor available for
purchase by retail shall be construed accordingly.

(6) Any request which under any provision of this Act may be made to the
holder of a licence may be made to any one of several joint holders or, if the
holder is a body corporate, to the secretary or other executive officer of
that body.

(7) In this Act any reference, in relation to a licence, to the register of
licences is a reference to the part of the register which relates to that
licence.

(8) In this Act any reference to the police division in which a person resides
shall, where that person is a body corporate, be construed as a reference to
each police division in which it carries on business under a licence.
[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]
BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/lai1971264/s84.html
Northern Irish Legislation

LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 84
