Intoxicating Liquor Act 2008


Amendment of section 5 of Act of 1927.

10.— Section 5 (inserted by section 11 of the Act of 2003) of the Act of 1927 is amended—

(a) in subsection (1), in the definition of “ special exemption order ”, by inserting “, or the holder of a theatre licence,” after “on-licence”,

(b) by substituting the following subsections for subsection (4):

“(4) A special exemption order—

(a) shall contain the following conditions:

(i) that intoxicating liquor shall not be sold at the event, function or dance to which the order relates during the hours specified in the order to persons other than those attending the event;

(ii) that members of the public, other than persons so attending, shall not be admitted to the part of the premises in which intoxicating liquor is being supplied or consumed pursuant to the order;

(iii) that the event, function or dance is held in compliance with the relevant provisions of the definition of ‘special occasion’ in subsection (1);

(iv) that, in the case of a special occasion which does not fall within paragraph (a)(ii) of the definition of ‘special occasion’ in subsection (1), a closed circuit television system be in operation on the premises concerned during the course of the special occasion;

(v) if subparagraph (iv) is applicable but the premises concerned do not have a closed circuit television system installed in them, that a closed circuit television system be installed in them for the purposes of that subparagraph; and

(vi) that any person providing, in respect of the event, function or dance, a security service as a door supervisor, within the meaning of section 2(1) of the Private Security Services Act 2004, be the holder of a licence required under that Act to provide such service;


(b) may contain such other conditions as the Court thinks proper.

(4A) Nothing in subparagraphs (i) to (vi) of paragraph (a) of subsection (4) shall prejudice the generality of paragraph (b) of that subsection.”,

(c) in subsection (5), by inserting “(including reasons related to maintaining public order)” after “reasons”, and

(d) by substituting the following subsection for subsection (6):

“(6) The Court shall not grant a special exemption order in respect of any premises unless it is satisfied that—

(a) the premises comply with the fire safety standards under the Building Control Act 1990 applicable to such premises, and

(b) the special occasion will be conducted in a manner that will not—

(i) cause undue inconvenience or nuisance to persons residing in the locality, or

(ii) create an undue threat to public order or public safety in the locality.”.