The Licensing (Indoor Arenas) (Northern Ireland) Order 2004 No. 1994

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2004 No. 1994 (N.I. 17)
NORTHERN IRELAND
The Licensing (Indoor Arenas) (Northern Ireland) Order 2004

	Made	27th July 2004
	Coming into operation in accordance with Article 1(2) and (3)

ARRANGEMENT OF ORDER

1.	Title and commencement

2.	Interpretation

3.	Meaning of "indoor arena"

4.	Licences for indoor arenas

5.	Attachment of conditions to licences

6.	Temporary continuance of business

7.	Additional permitted hours and suitability for functions

8.	Requirements with respect to sale of intoxicating liquor

At the Court at Buckingham Palace, the 27th day of July 2004
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

     Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -

Title and commencement
     1. - (1) This Order may be cited as the Licensing (Indoor Arenas) (Northern Ireland) Order 2004.

    (2) This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made.

    (3) The other provisions of this Order shall come into operation on such day as the Department may by order appoint.

Interpretation
     2. - (1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order -

"the Department" means the Department for Social Development;

"the principal Order" means the Licensing (Northern Ireland) Order 1996 (NI 22).

Meaning of "indoor arena"
3. - (1) Article 2 of the principal Order (interpretation) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (2), after the definition of "housing authority" there shall be inserted -

" "indoor arena" has the meaning given in Article 2A;".

(3) In paragraph (4) for "(j)" there shall be substituted "(k)".

(4) After that Article there shall be inserted -

" Meaning of "indoor arena"

2A.

- (1) In this Order "indoor arena" means any premises -

(2) For the purposes of paragraph (1)(b) -

Licences for indoor arenas
4. - (1) Article 5 of the principal Order (premises for which licences may be granted) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1), after sub-paragraph (j) there shall be inserted -

    (3) In paragraphs (3) and (6), for "(j)" there shall be substituted "(k)".

    (4) In Article 22 of the principal Order (transfer of licences), in paragraph (6)(c)(ii) for "(j)" there shall be substituted "(k)".

Attachment of conditions to licences
     5. - (1) In Article 7 of the principal Order (grant of licences), in paragraph (12) after the word "entertainment" there shall be inserted "or an indoor arena".

    (2) In Article 15 of the principal Order (renewal of licences by a court) -

(a) in paragraph (2)(e)(ii), for "(j)" there shall be substituted "(k)";

(b) in paragraph (2)(f), for the words "or a place of public entertainment" there shall be substituted ", a place of public entertainment or an indoor arena"; and

(c) after paragraph (6) there shall be inserted -

" (6A) A court which renews a licence for an indoor arena may attach to the licence such conditions as it thinks fit.".

(3) After Article 77 of the principal Order (special conditions with respect to grant or renewal of licences for seamen's canteens) there shall be inserted -

" Indoor arenas
Attachment of conditions to licences for indoor arenas

77A.

- (1) Without prejudice to Article 7(12) or 15(6A), a court of summary jurisdiction may at any time where an application is made to it under this Article, exercise with respect to a licence for an indoor arena, the powers conferred on it by paragraph (2).

(2) The court may, if satisfied that it is appropriate to do so -

(3) An application for the purposes of paragraph (2)(a) may only be made by the district commander of the police district in which the indoor arena is situated.".

Temporary continuance of business
6. In Article 29 of the principal Order (temporary continuance of business in other premises), after paragraph (2) there shall be inserted -

" (2A) Where the original premises were an indoor arena, the court may consider an application under this Article notwithstanding that the premises in which it is proposed to continue the business are not, or will not be, an indoor arena within the meaning of this Order.".

Additional permitted hours and suitability for functions
7. - (1) In Article 44 of the principal Order (orders for additional permitted hours), in paragraph (10) after sub-paragraph (d) there shall be inserted -

(2) In Article 48 of the principal Order (suitability of certain premises for functions), in paragraph (4) after sub-paragraph (d) there shall be inserted -

Requirements with respect to sale of intoxicating liquor
8. - (1) After Article 52 of the principal Order (places of public entertainment) there shall be inserted -

" Indoor arenas

52A.

- (1) Where an indoor arena is licensed for the sale of intoxicating liquor, such liquor shall not be sold or made available for purchase there, except where -

(2) If paragraph (1) is contravened the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.".

(2) In Article 58 of the principal Order (young persons prohibited from certain premises), in paragraph (13) after sub-paragraph (e) there shall be inserted -

A. K. Galloway
Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Licensing (Northern Ireland) Order 1996 to permit the granting of licences to authorise the sale of intoxicating liquor at indoor arenas.

Explanatory Memorandum

ISBN 0 11049159 9

Prepared 6 August 2004

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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Licensing (Indoor Arenas) (Northern Ireland) Order 2004 No. 1994 URL: http://www.bailii.org/uk/legis/num_reg/2004/20041994.html