• lawcourtshomepage

Permitted Hours

The Licensing Ordinance 1994 sets out the hours which Licensees are permitted to sell intoxicating liquor.

41 Prohibition of sale, etc., of intoxicating liquor outside permitted hours

(1) Subject to the provisions of this Ordinance, no person shall, except during the permitted hours-

(a) himself or by his employee or agent sell or supply to any person in licensed premises any intoxicating liquor, whether to be consumed on or off the premises;

(b) consume in or take from the premises any intoxicating liquor.

(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding the maximum of level 5 on the standard scale.

(3) This section applies in relation to intoxicating liquor sold in any premises under the authority of an occasional licence in the same way as it does in respect of premises licensed under a justices' on-licence.

42 Permitted hours in licensed premises

(1) Subject to the following provisions of this Ordinance, the permitted hours in licensed premises are-

(a) on weekdays, except Fridays and Saturdays, the hours from 10 a.m. to 11 p.m.;

(b) on Fridays and Saturdays, except Christmas Day and Good Friday, the hours 10 a.m. to 11.30 p.m.;

(c) on Sundays and Good Friday, twelve noon to half past ten in the evening; and Good Friday, twelve noon to half past ten in the evening;

(d) on Christmas Day, twelve noon to half past ten in the evening;

(e) on any day, the hours which-

(i) are hours during which passengers of a cruise ship are paying a visit to Stanley;

(ii) fall between the hours of 10 a.m. and 11.30 p.m.; and

(iii) are not hours during which the sale of intoxicating liquor would be permitted by virtue of any of the paragraphs (a) to (c) of this subsection.

In paragraphs (a) to (d) of this subsection "weekday" means every day of the week except Sundays and any day of the week on which Good Friday or Christmas Day falls.

(2) The permitted hours set forth in subsection (1) may be amended by order made by the Governor under this subsection amending the said subsection (1).

(3) In premises licensed only for the sale of intoxicating liquor for consumption off the premises the permitted hours on weekdays and Sundays, other than Christmas Day and Good Friday, shall begin at 8 a.m. but otherwise be the same as those specified in subsection (1)(a).

(4) The permitted hours under a Part V licence shall end on the evening of every day one half of an hour later than those applying under this section in respect of premises for which a justices' on- licence is held.

(5) In this Ordinance-

(a) "the general licensing hours" means the hours specified in sub-section (1)(a) to (c); and

(b) references to "the permitted hours" shall, except in so far as the context otherwise requires, be construed in relation to any licensed premises as meaning the hours between which, by virtue of this Ordinance and any conditions attached to any justices' licence applying to those premises, intoxicating liquor can lawfully be sold or supplied in those premises.

43 Drinking-up time and other exceptions

(1) Where intoxicating liquor is supplied in any premises during the permitted hours, section 42 does not prohibit or restrict-

(a) during the first twenty minutes after the end of any period forming part of those hours, the consumption of the liquor on the premises, nor, unless the liquor was supplied or is taken away in an open vessel, the taking of the liquor from the premises; or

(b) during the first half hour after the end of such a period, the consumption of the liquor on the premises by persons taking meals there, if the liquor was supplied as an ancillary to their meals.

(2) Section 42 does not prohibit or restrict-

(a) the sale or supply to, or consumption by, any person of intoxicating liquor in any premises in which he is residing;

(b) the ordering of intoxicating liquor to be consumed off the premises, or the despatch by the vendor of liquor so ordered;

(c) the sale of intoxicating liquor to a trader for the purposes of his trade, or to a registered club for the purposes of the club; or

(d) the sale or supply of intoxicating liquor to any canteen or mess.

(3) Section 42 does not prohibit or restrict as regards licensed premises-

(a) the taking of intoxicating liquor from the premises by a person residing there; or

(b) the supply of intoxicating liquor for consumption on any premises licensed under a residential licence to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of intoxicating liquor by persons so supplied.

(4) In subsection (2), as it applies to licensed premises, and in subsection (3), references to persons residing on the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.