Civil Law (Miscellaneous Provisions) Act 2021
|
Temporary licensing of outdoor seating area | ||
|
2. (1) Subject to this Act and notwithstanding any other enactment, an outdoor seating area of a licensed premises shall, for the period during which this section continues in operation, be deemed to be part of the premises concerned and the Licensing Acts and, where the premises is a club, the Registration of Clubs Acts, shall apply to that area as they apply to the premises and, without prejudice to the generality of the foregoing— | ||
(a) it shall be lawful for the licensee of that licensed premises to sell or supply intoxicating liquor in the outdoor seating area on the same basis that it is lawful to sell or supply intoxicating liquor under the licence, or, in respect of a club, the certificate of registration under the Act of 1904 in force, attaching to that premises, and | ||
(b) for the purposes of the renewal— | ||
(i) of the licence concerned under section 4 of the Courts (No. 2) Act 1986 , failure to operate the outdoor seating area in accordance with this Act or the Licensing Acts shall be grounds for objection to the renewal of the licence, or | ||
(ii) of the certificate of registration concerned under section 3 of the Act of 1904, failure to operate the outdoor seating area in accordance with this Act, the Licensing Acts or the Registration of Clubs Acts shall be a basis for objection to the renewal of the certificate under section 5 of the Act of 1904. | ||
(2) Subsection (1)(b) shall apply to the renewal of the licence or certificate of registration, as the case may be, referred to in that provision irrespective of whether, at the time of such renewal, the licensee has ceased to operate the outdoor seating area concerned. | ||
(3) Notwithstanding the type of licence held by a licensee, or, in respect of a club, that a certificate of registration under the Act of 1904 is in force, in respect of a licensed premises, the sale or supply of intoxicating liquor in an outdoor seating area shall not be lawful where the intoxicating liquor is sold or supplied for consumption off the premises or outdoor seating area. | ||
(4) Notwithstanding the type of licence held by a licensee, or, in respect of a club, that a certificate of registration under the Act of 1904 is in force, in respect of a licensed premises, the sale or supply of intoxicating liquor in an outdoor seating area shall be lawful only— | ||
(a) subject to paragraph (b), within the times permitted by the Licensing Acts and, where the licensed premises is a club, the Registration of Clubs Acts, in respect of the licence or the certificate of registration, or | ||
(b) where any one or more than one of such times has been restricted by or under any enactment (including regulations made under section 7 ) or by an authorisation, within the time or times concerned as so restricted. | ||
(5) Subsection (1) shall not be taken to authorise— | ||
(a) the use of an outdoor seating area for a use which is not authorised by or under the Planning and Development Acts 2000 to 2021, which Acts shall continue to have full force and effect in respect of that area, or | ||
(b) any activity in an outdoor seating area which is otherwise unlawful. |