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Licensing of Pavement Cafés Act (Northern Ireland) 2014

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This is the original version (as it was originally enacted).

Applications: general provision

This section has no associated Explanatory Notes

10.—(1) In this section “an application” means an application for the grant or renewal of a pavement café licence or for the variation of a pavement café licence under section 8 or 9.

(2) An application—

(a)must be made in writing, and in such form and way and at such time as the council to which the application is made may specify; and

(b)if the council so requires, must be accompanied by any fee (or such part as the council may determine of any fee) payable under section 12.

(3) An application must—

(a)confirm that the notice required by section 11 has been fixed as required by that section, and the date on which this was done; and

(b)contain such information, and be accompanied by such documents, as the council may reasonably require.

(4) Where a council receives an application made in accordance with this Act, it must, by such means as it thinks appropriate—

(a)make the application available to be viewed by the public until the end of the period allowed for representations; and

(b)publicise the fact that representations relating to the application may be made in writing to the council until the end of that period.

(5) In this Act “the period allowed for representations”, in relation to an application, means 28 days beginning with the first working day after the date when the application is received by the council.

(6) The council may require the applicant to provide such further information or documents as it may consider necessary for dealing with the application.

(7) If it refuses an application, a council must give the applicant notice in writing of its decision and of—

(a)the grounds for that decision; and

(b)the applicant’s rights under section 21 (appeals).

(8) A person who, in connection with an application, makes a statement which is false in a material respect and does so knowing it to be false commits an offence.

(9) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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