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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 -
Meaning of "indoor arena"
(3) In paragraph (4) for "(j)" there shall be substituted "(k)".
2A. - (1) In this Order "indoor arena" means any premises -
(b) which consist of -
(ii) accommodation which is capable of seating the prescribed number of persons or more on permanent seats and wholly or substantially surrounds the area where the events and activities take place.
(2) For the purposes of paragraph (1)(b) -
(b) "permanent seats" means seats that are permanently attached to a part of the building or to a structure that is permanently so attached.".
Licences for indoor arenas
(3) In paragraphs (3) and (6), 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 -
(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 - 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 -
(b) vary or remove any condition attached to the licence.
(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
Additional permitted hours and suitability for functions
(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
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 -
(b) other beverages and food are also made available for purchase.
(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 -
(f) in any part of an indoor arena (which is not a room or other place set apart as a bar) containing a kiosk or other salespoint from which food and beverages, including intoxicating liquor, are made available for purchase.".
(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
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