The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Grant of bookmaking office licences N.I.

12.—(1) An application for the grant of a bookmaking office licence shall be made to a [F1 county court].

(2) The procedure for applications for the grant of bookmaking office licences is set out in Schedule 2.

(3) On an application for the grant of a bookmaking office licence the court shall hear the objections, if any, made under Schedule 2.

(4) A court shall, subject to paragraphs (5) and (7), refuse an application for the grant of a bookmaking office licence unless it is satisfied—

(a) that the procedure relating to the application set out in Schedule 2 has been complied with; and

(b) that the applicant is a licensed bookmaker; and

(c) that the applicant is not a person in respect of whom a disqualification order in respect of bookmaking office licences under Article 30 or 53 is in force; and

(d) that the premises are not premises in respect of which a disqualification order under Article 30 is in force; and

(e) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) that the applicant owns the premises either in fee simple or for a term of years of which at least 21 are unexpired at the date of the application; and

(g) that the premises will not injuriously affect, or be detrimental to, the interests of persons attending a place of worship, a religious institution, a school or premises habitually used by members of a youth organisation in the vicinity of the premises; and

(h) that the premises do not form part of licensed premises within the meaning of the[F3 Licensing (Northern Ireland) Order 1996]; and

Sub-para. (i) rep. by 2004 NI 1

(j) that, having regard to the demand in the locality in which the premises to which the application relates are situated for facilities afforded by licensed offices, the number of such offices for the time being available (including any premises for which a licence is provisionally granted) to meet that demand is inadequate, and

(k) either—

(i) that there is in force planning permission to use the premsies as a bookmaking office for the period during which the licence would be in force; or

(ii) that the premises may be used as such an office for that period without such permission.

(5) A court may grant a bookmaking office licence notwithstanding that the procedure relating to the application set out in Schedule 2 has not been complied with if, having regard to the circumstances, it is reasonable to do so.

(6) A court may refuse an application for the grant of a bookmaking office licence if it is satisfied—

(a) that the premises are not suitable as a licensed office; or

(b) that the applicant has been convicted of an offence under this Part[F1 or Chapter III of Part III] or Part I of the [1957 c. 19 (N.I.)] Betting and Lotteries Act (Northern Ireland) 1957.

(7) Paragraph(4)(j) shall not apply to an application for the grant of a bookmaking office licence in respect of premises which are on the site or in the vicinity of a licensed office for which the applicant holds a bookmaking office licence and which is a licensed office to which Article 26(1)(a) to (e) applies.

(8) Where the court refuses an application for the grant of a bookmaking office licence, it shall specify in its order the reasons for its refusal.

F1 2004 NI 1

F2 Art. 12(4)(e) repealed (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(2), Sch. 4 (with art. 62); S.R. 2010/328, art. 2

F3 1996 NI 22