Robinson v Public Prosecution Service For Northern Ireland [2012] NICA 37 (25 September 2012)

Robinson v Public Prosecution Service For Northern Ireland [2012] NICA 37 (25 September 2012)

The extension of permitted hours under Article 44 is conditional on the provision of entertainment or substantial refreshment to which the sale and consumption of alcohol is ancillary. In the absence of such provision, the general permitted hours apply, and permitting consumption of alcohol outside those hours constitutes a criminal offence under Article 41, regardless of the existence of an additional hours order.

Citation
[2012] NICA 37
Parties
Appellant Defendant: Trevor Robinson; Respondent Complainant: Public Prosecution Service For Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
25 September 2012
Procedural Posture
Criminal Appeal by Way of Case Stated / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Permitted Hours for Sale and Consumption of Alcohol, Interpretation of Licensing (northern Ireland) Order 1996 Article 41 and 44, Requirements for Additional Permitted Hours, Ancillary Provision of Entertainment or Refreshment
Criminal Law Licensing Law Permitted Hours for Sale and Consumption of Alcohol Interpretation of Licensing (northern Ireland) Order 1996 Article 41 and 44 Requirements for Additional Permitted Hours Ancillary Provision of Entertainment or Refreshment

Case Brief

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Parties

Trevor Robinson

Appellant Defendant

Public Prosecution Service For Northern Ireland

Respondent Complainant

Procedural Posture

Criminal Appeal by Way of Case Stated / Court of Appeal Judgment

Legal Issues

  1. 1 Whether it is an offence to permit consumption of intoxicating liquor outside permitted hours when no entertainment or substantial refreshment is provided, despite an additional hours order under Article 44
  2. 2 Whether the permitted hours ended at 11.00pm in absence of entertainment or substantial refreshment

Ratio Decidendi

The extension of permitted hours under Article 44 is conditional on the provision of entertainment or substantial refreshment to which the sale and consumption of alcohol is ancillary. In the absence of such provision, the general permitted hours apply, and permitting consumption of alcohol outside those hours constitutes a criminal offence under Article 41, regardless of the existence of an additional hours order.

Court Disposition

appeal dismissed

Orders

  • The questions posed by the County Court Judge are answered in the affirmative.