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Children's Certificates

Part VII of the Licensing Ordinance relates to "protection of persons under eighteen and other provision as to conduct of licensed premises". Section 66(1) sets out the offences that can be committed by licensees in relation to under eighteen year olds in licensed premises. Section 66(2) states that

"No offence is committed under subsection (1) of this section if ...

(b) there is in force a certificate under section 66A of this Ordinance relating to the bar; and

(c) the certificate is operational..."

 

Section 66A Children's Certificates

(1) The holder of a licence for on-sales may apply to the Summary Court for the grant of a certificate in relation to any area of the premises for which the licence is in force which consists of or includes a bar.

(2) The Summary Court may grant an application for a certificate under subsection (1) of this section ("a children's certificate") if it appears to them to be appropriate to do so, but shall not do so unless they are satisfied-

(a) that the area to which the application relates constitutes an environment in which it is suitable for persons under eighteen to be present;

(b) that meals and beverages other than intoxicating liquor will be available for consumption in that area.

(3) Where a children's certificate is in force, the holder of the licence for the licensed premises to which the certificate relates shall keep posted in some conspicuous place in the area to which the certificate relates a notice which-

(a) states that a children's certificate is in force in relation to that area, and

(b) explains the effects of the certificate and of any conditions attached to it.

(4) A person who fails to perform the duty imposed on him by subsection (3) of this section commits an offence and is liable on conviction of that offence to a fine not exceeding the maximum of level 1 on the standard scale.

(5) In any proceedings for an offence under subsection (4) of this section, it is a defence for the accused to prove that he took all reasonable precautious and exercised all due diligence, to avoid the commission of the offence.

(6) Schedule 7 to this Ordinance (supplementary provisions) shall have effect.

(7) subsection (1) of this section shall apply to an applicant for a licence as it applies to the holder of a licence, and, in its application by virtue of this subsection, shall have effect as if the reference to premises for which the licence is in force were to the premises which are the subject of the application for a licence for on-sales.

Schedule 7 outlines the process and requirements for applications and the responsibilities of the Court.

Schedule 7

1. Applications

(1) The Summary Court shall not entertain an application for a children's certificate unless the applicant has, at least 21 days before the date on which the application is considered by the court, given to the clerk of the court and to the chief police officer notice of his intention to make the application.

(2) Notice under sub-paragraph (1) of this paragraph shall -

(a) be in writing and be signed by the application or his authorised agent, and

(b) state the situation of the premises where the area to which the application relates is to be found.

(3) If the premises mentioned in sub-paragraph (2)(b) of this paragraph include a bar which is not included in the area to which the application relates, the Summary Court may decline to entertain the application until the applicant has lodged a plan of the premises indicating the area of the premises to which the application relates.

2

(1) If the chief police officer intends to oppose an application for a children's certificate, he must give notice in writing of his intention to do so to the applicant and to the clerk of the court not less than 7 days before the meeting of the Summary Court at which the application is to be considered.

(2) Notice under sub-paragraph (1) of this paragraph shall be in writing and shall specify in general terms the grounds of the opposition.

3 Hearing of application

(1) The applicant shall be entitled to attend at the hearing of his application and to present his application in person or by any other person he may engage to present his application on his behalf.

(2) If the Summary Court decides to refuse an application for a children's certificate, it shall announce its reasons in open court immediately following the announcement of its decision.

4 Conditions

(1) It shall be a condition of the grant of a children's certificate that meals and beverages other than intoxicating liquor are available for sale for consumption in the area to which the certificate relates at all times when the certificate is operational.

(2) The Summary Court may impose such other conditions on the grant of a children's certificate as it thinks fit.

(3) Without prejudice to the generality of sub-paragraph (2) of this paragraph, conditions under that sub-paragraph may restrict the hours during which, or days on which, the certificate is operational.

5 When Operational

(1) Subject to any conditions attached by the Summary Court and to sub-paragraph (2) of this paragraph, a children's certificate shall be operational at any time up to nine in the evening.

(2) The Summary Court may, in relation to a children's certificate, approve a later time than nine in the evening as the time when children's certificate ceases to be operational, and may do so either generally or for particular days or periods.

(3) The Summary Court may only act under sub-paragraph (2) of this paragraph of this paragraph on the application of the appropriate person, but an approval under that provision needs to correspond with the applicant's proposals.

(4) In sub-paragraph (2) of this paragraph, the reference to the appropriate person is -

(a) in the case of an application with respect to an existing children's certificate, to the holder of the licence for the licensed premises to which the certificate relates; and

(b) in the case of an application made in conjunction with an application for a children's certificate, to the applicant for the certificate.

6 Duration

Subject to the Summary Court's powers under section 83A, a children's certificate shall remain in force until revoked.

7

(1) Without prejudice to the Summary Court powers under sections 83A, the court may of its own motion or an application by the chief police officer, revoke a children's certificate if it is satisfied -

(a) that the area to which the certificate related does not constitute an environment in which it is suitable for persons under eighteen to be present, or

(b) that there has been a serious or persistent failure to comply with one or more of the conditions attached to the certificate.

(2) The Summary Court may only revoke a certificate in exercise of its powers under, and in accordance with the procedure provided for by, Section 83A, but the matters mentioned in (a) and (b) of the preceding sub-paragraph of this Schedule shall constitute grounds on which the Summary Court may exercise those powers.

8

If the holder of the licence for the licensed premises to which a children's certificate relates gives -

(a) to the clerk of the court; and

(b) the chief police officer,

At least 14 days notice in writing of a day on which he wishes the certificate to cease to be in force, it shall be treated as revoked on that day.

9

A children's certificate shall be treated as revoked on the day on which the area to which it relates ceases to be comprised in premises for which a licence is in force.

10 Appeals

(1) An applicant for a children's certificate who is aggrieved by a decision of the Summary Court -

(a) to refuse to grant a certificate; or

(b) as to the conditions attached to the grant of a certificate;

May appeal to the Magistrate's Court against the decision.

(2) Any application for an extension of the time when a children's certificate is operational who is aggrieved by a decision of the Summary Court with respect to his application may appeal to the Magistrate's Court against the decision.

(3) Any holder of a licence who is aggrieved by a decision of the Summary Court under this Schedule revoking a children's certificate relating to the licensed premises may appeal to the Magistrate's Court against the decision.

(4) The judgment of the Magistrate's Court on any appeal under this paragraph shall be final.

Application for a Children's Certificate

Fees:

Upon application - Nil

Upon grant - £50