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Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011

Consolidated Text As Enacted Cited authorities 6 Cited in Amendments 20 Related
Vincent
JurisdictionNorthern Ireland
Citation2011 NI c 18
Year2011
(1) After Part 4 of the Licensing Order insert the following Part—
    (PART 4A) CLOSURE OF LICENSED PREMISESClosure of licensed premises in an identified district
    (69A) Orders to close licensed premises in district experiencing disorder
  • “(1) Where there is or is expected to be disorder in any petty sessions district, a court of summary jurisdiction acting for the district may make an order requiring licensed premises which are situated at or near the place of the disorder or expected disorder to be closed for a period, not exceeding 24 hours, specified in the order.
  • (2) A court of summary jurisdiction may make an order under this Article only on the application of a police officer who is of the rank of superintendent or above.
  • (3) A court of summary jurisdiction may not make such an order unless it is satisfied that it is necessary to prevent disorder.
  • (4) Where an order is made under this Article, the holder of a licence or the licence holder's servant or agent shall be guilty of an offence if that person knowingly keeps any licensed premises to which the order relates open, or allows any such premises to be kept open, during the period of the order and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
  • (5) A constable may use such force as may be necessary for the purpose of closing premises ordered to be closed under this Article.
    • Closure of identified licensed premises
    (69B) Closure orders for identified licensed premises
  • (1) A senior police officer may make a closure order in relation to any licensed premises if that officer reasonably believes that there is disorder on, or in the vicinity of and related to, the premises and their closure is necessary in the interests of public safety.
  • (2) A closure order is an order under this Article requiring licensed premises to be closed for a period not exceeding 24 hours beginning with the coming into force of the order.
  • (3) In determining whether to make a closure order in respect of any premises, the senior police officer must have regard, in particular, to the conduct of the holder of the licence and the licence holder's servant or agent in relation to the disorder or nuisance.
  • (4) A closure order must—
  • (a) specify the premises to which it relates;
  • (b) specify the period for which the premises are to be closed;
  • (c) specify the grounds on which it is made; and
  • (d) state the effect of Articles 69C to 69G.
Where there is or is expected to be disorder in any petty sessions district, a court of summary jurisdiction acting for the district may make an order requiring licensed premises which are situated at or near the place of the disorder or expected disorder to be closed for a period, not exceeding 24 hours, specified in the order.A court of summary jurisdiction may make an order under this Article only on the application of a police officer who is of the rank of superintendent or above.A court of summary jurisdiction may not make such an order unless it is satisfied that it is necessary to prevent disorder.Where an order is made under this Article, the holder of a licence or the licence holder's servant or agent shall be guilty of an offence if that person knowingly keeps any licensed premises to which the order relates open, or allows any such premises to be kept open, during the period of the order and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.A constable may use such force as may be necessary for the purpose of closing premises ordered to be closed under this Article.A senior police officer may make a closure order in relation to any licensed premises if that officer reasonably believes that there is disorder on, or in the vicinity of and related to, the premises and their closure is necessary in the interests of public safety.A closure order is an order under this Article requiring licensed premises to be closed for a period not exceeding 24 hours beginning with the coming into force of the order.In determining whether to make a closure order in respect of any premises, the senior police officer must have regard, in particular, to the conduct of the holder of the licence and the licence holder's servant or agent in relation to the disorder or nuisance.specify the premises to which it relates;specify the period for which the premises are to be closed;specify the grounds on which it is made; andstate the effect of Articles 69C to 69G.A closure order in respect of any licensed premises comes into force at the time a constable gives notice of it to the holder of the licence or the licence holder's servant or agent.The holder of a licence or the licence holder's servant or agent shall be guilty of an offence if, without reasonable excuse, that person permits licensed premises to be open in contravention of a closure order or any extension of it and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both.a relevant court of summary jurisdiction will not have determined whether to exercise its powers under Article 69F(2) in respect of the closure order and any extension of it or the premises concerned, by the end of the closure period, andclosure is necessary in the interests of public safety because of disorder on, or in the vicinity of and related to, the premises,An extension in relation to any licensed premises comes into force when a constable gives notice of it to the holder of the licence or the licence holder's servant or agent.But the extension does not come into force unless the notice is given before the end of the previous closure period.after the making of the order, butbefore a relevant court of summary jurisdiction has determined whether to exercise its powers under Article 69F(2) in respect of the order and any extension of it or the premises concerned.The responsible senior police officer must cancel a closure order and any extension of it if that officer does not reasonably believe that closure is necessary in the interests of public safety because of disorder on, or in the vicinity of and related to, the premises.Where a closure order and any extension of it are cancelled under this Article, the responsible senior police officer must, as soon as reasonably practicable, give notice of the cancellation to the holder of the licence or the licence holder's servant or agent.The responsible senior police officer must, as soon as reasonably practicable after a closure order comes into force in respect of any licensed premises, apply to a relevant court of summary jurisdiction for it to consider the order and any extension of it.hold a hearing to consider whether it is appropriate to exercise any of the court's powers under paragraph (2) in relation to the closure order or any extension of it or the premises concerned; anddetermine whether to exercise any of those powers.revoke the closure order and any extension of it;order the premises to remain, or to be, closed for such period not exceeding 28 days as the court may order;revoke the order;modify the order, or in relation to the order, the hours mentioned in Article 44(2) ; ormake the continuance of the order subject to such terms and conditions as the court thinks fit;by order revoke that licence;by order revoke any other occasional licences granted in respect of those premises;order that the premises specified in the occasional licence shall not be premises for which an occasional licence may be granted.consider whether closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises; andhear representations, if any, from the holder of the licence.The relevant court of summary jurisdiction must notify the district commander for the police district in which the premises are situated of any decision it makes under this Article.The holder of a licence or the licence holder's servant or agent shall be guilty of an offence if, without reasonable excuse, that person permits licensed premises to be open in contravention of an order under paragraph (2) (b) and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both.Any person aggrieved by a decision of a court of

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