Misc. Council Licensing

The owner or occupier of any sports ground, public house, eating house, or refreshment house shall, if required by the District Council, provide such sanitary conveniences and, in the case of houses or places other than sports grounds, such urinals as may be required.

A District Council empowered by any general or local legislation may establish and regulate markets, provide and regulate slaughterhouses, and take stallage, rents, and tolls as may be required in respect of their use.

Notwithstanding any legislation, they may vary the stallage and rents, vary the kinds, descriptions, and quantities of commodities and animals in respect of which tolls may be taken, and may, with the approval of the Department, fix the tolls to be taken in respect of any markets.

It is lawful for a local authority to charge tolls and fees in respect of the use of a slaughterhouse.

The Public Health and Local Government (Miscellaneous Provisions) Act (Northern Ireland) 1962 applies the provisions of the Public Health Act 1907 to all areas. Accordingly, it does not require that the legislation be specifically brought into force for that area. Legislation dealing with the repair and enclosure of dangerous places, section 30; legislation relating to fencing land from adjoining streets; legislation relating to life-saving appliances (section 93).

A Burial Board under the Public Health Act may appropriate, for the purpose of exclusive rights of burial, the whole or any part of a burial ground provided by the Board.

The Hairdressers Act (Northern Ireland), 1939 provides for the registration of hairdressing premises.A District Council may bring the Act into force in respect of its district.

Any premises in which the trade or business of a barber or hairdresser is carried out must be registered with the District Council in such a manner as the Department of Justice may prescribe. It is an offence not to register when the obligation applies.

District Councils may make byelaws for the inspection of hairdressing premises, ensuring cleanliness, proper lighting, and ventilation, prescribing precautions against infection and contamination, providing for insurance, and stipulating that persons employed shall have proper instruction in the use of utensils and apparatus employed in a hygienic working method. They may also provide for insurance against liabilities of third parties arising from the trade or business of a barber or hairdresser.

An officer of a council may enter and inspect the premises at a reasonable time for the purpose of enforcing the legislation. It is an offence to obstruct an officer.

Offences under the legislation may be prosecuted summarily. The offences may be created by bye-law. A court, in addition to imposing a penalty, may order the cancellation of registration of the premises in which the offence was committed.

A council may resolve to apply the following provisions to its area. The provisions allow for the control of acupuncture, tattooing, ear-piercing, and electrolysis.

Where the legislation is to be brought into force, a person may not carry on the practice of acupuncture unless registered with the council. He must only carry out acupuncture from premises registered by the council under the legislation. Occasional visits of people to give treatment at their request do not contravene the requirement.

Provision for the application for a certificate of registration. There are provisions for byelaws in respect of cleanliness, hygiene, sterilization of instruments, etc.

A person shall not carry out tattooing, semi-permanent tattooing, cosmetic piercing, or electrolysis unless registered in an area in which the legislation is in force. A person may only carry out business as above from the premises which is registered under the Article. There is an exemption for occasional visits to third-party premises on request. Bye-laws may be made in relation to cleanliness, hygiene, sterilization, etc.

Contravention of the legislation is an offence subject to summary conviction and a level 3 fine. On conviction, the court may, in addition to or instead of imposing a fine, order the suspension or cancellation of registration. The court may suspend the operation of the order pending appeal to the county court.

Authorised officers of the council have the power to enter the premises to enforce legislation. A warrant of a justice of the peace is generally required.

A council may impose a closing order in relation to places supplying meals or refreshments if it is satisfied that it is desirable to prevent residents in the neighborhood from being unreasonably disturbed by persons resorting to the premises or by the use of the premises. The provision applies to places where meals and refreshments are supplied, whether for consumption on or off the premises, other than licensed premises not kept open for the supply of meals or refreshments between a time 30 minutes after permitted opening hours and 5 o’clock in the next morning. They do not apply to a hotel or to licensed premises.

The hours in the closing order shall commence not earlier than midnight and finish not later than 5 o’clock in the morning. The closing order may make differential requirements in respect of different days of the week. Nothing in the closing order must prohibit the use of premises in respect of which an entertainments licence is in force for the supply and consumption of meals and refreshments during the time when entertainment is being provided.

A council may vary a closing order or revoke it. A closing order is to cease after three years but may be renewed.

There is a procedure in a council for serving closing orders and provision for an appeal. If it proposes to make a closing order, variation of an order, etc., it is to serve a notice on certain interested parties, including in particular the keeper of the premises. The keeper is allowed to make representations which must be taken into account. The keeper may require an opportunity to appear and be heard in person before the council, orally.

A keeper may apply for a variation or revocation order. It is to be deemed refused if it fails to determine the matter within eight weeks.

An appeal may be taken against a closing order, variation, or refusal to make a variation or revocation order to the county court. This must be done within 21 days.

A contravention of a closing order is an offence. It is an offence where a person charged could prove he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or persons under his control.