The Magistrates’ Courts (Licensing) (Amendment) Rules (Northern Ireland) 2022

Made: 16th March 2022

Coming into operation -: 7th April 2022

The Magistrates’ Courts Rules Committee makes and the Department of Justice, after consultation with the Lady Chief Justice, allows the following Rules in exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981[^f00001]

Citation and commencement

1

These Rules may be cited as the Magistrates’ Courts (Licensing) (Amendment) Rules (Northern Ireland) 2022 and shall come into operation on 7th April 2022.

Amendment to the Magistrates’ Courts (Licensing Rules) (Northern Ireland) 1997

2

• (1) The Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997[^f00002] are amended as follows:

• (2) In Rule 4(2), for “Article 59 (for a children’s certificate)” substitute “Article 58A (for an order specifying part of the premises as suitable for underage functions)”.

• (3) For Part X (Children’s Certificates), substitute—

(13A) (1) Notice of an application for an order specifying part of the premises as suitable for underage functions, in accordance with Article 58A and paragraphs 2 and 3 of Schedule 9, shall be in Form 20. (2) Where an application is made for an order specifying part of the premises as suitable for underage functions, the applicant shall attach to the notice in Form 20 served on the clerk of petty sessions, and to the copies required to be served by paragraph 2 of Schedule 9, a plan of the premises distinguishing the part thereof to which the application relates. (3) Notice of intention to object to the making of an order specifying part of the premises as suitable for underage functions, in accordance with paragraphs 4 and 5 of Schedule 9, shall be in Form 21. (13B) (1) A notice of application for an authorisation for underage functions in accordance with Article 58B and paragraphs 2 and 3 of Schedule 10 shall be in Form 20A. (2) Paragraphs (3), (4) and (7) of Rule 8 shall apply to applications for authorisations for underage functions as they apply to occasional licences, and paragraph 7 of Rule 8 shall, in so applying, have effect as if for the words “the court sitting at which the application is to be made” there were substituted the words “the day on which the application is to be considered”. (3) Notice of intention to object to the grant of an authorisation for underage functions shall be in Form 20B.

• (4) In the Schedule—

• (a) for Form 20, substitute Form 20 in Schedule 1 to these Rules;

• (b) after Form 20, insert Forms 20A and 20B as set out in Schedule 2 to these Rules; and

• (c) in Form 21—

• (i) in the title, for “[Article 59 (grant of a children’s certificate)]” substitute “[Article 58A (order specifying premises as suitable for underage functions)]”;

• (ii) for “the grant of a children’s certificate under Article 59 of the Licensing (Northern Ireland) Order 1996”, substitute “an order under Article 58A of the Licensing (Northern Ireland) Order 1996 (order specifying premises as being suitable for underage functions)”; and

• (iii) for note 3(d), substitute “(d) in the case of an application under Article 58A, any of the grounds mentioned in Article 58A(3).”.

SCHEDULE 1

SCHEDULE2

Signed

Nigel Broderick — Ciaran McQuillan — D Maclam — E McKenna — Dated 14th March 2022

In exercise of the powers conferred by Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981, I allow these Rules.

Sealed with the Official Seal of the Department of Justice on 16th March 2022

Naomi Long — Minister of Justice

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Magistrates’ Courts (Licensing) Rules (Northern Ireland) 1997 (S.R. 1997 No. 62) in consequence of amendments made to the Licensing (Northern Ireland) Order 1996 (1996 No. 3158 (N.I. 22)) by the Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7) to—

• make provision for the procedure for an application under Article 58A of the 1996 Order for an order specifying part of the premises as being suitable for underage functions;

• make provision for the procedure for an application under Article 58B of the 1996 Order for authorisation to hold an underage function; and

• make amendments consequential to the repeal of Article 59 of the 1996 Order (Children’s certificates).

Footnotes

[^f00001]: S.I. 1981/1675 (N.I. 26); Article 13 was amended by paragraph 65 of Schedule 5 to the Constitutional Reform Act 2005 (c.4), paragraph 133 of Schedule 18 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) and paragraph 4 of the Schedule to the Northern Ireland (Miscellaneous Provisions) Act 2014 (c.13).

[^f00002]: S.R. 1997 No. 62 to which the most recent relevant amendments were made by S.R. 2021 No. 339, S.R. 2016 No. 405 and S.R. 2016 No. 303.