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

Grant of track betting licences N.I.

37.—(1) An application for the grant of a track betting licence shall be made by the occupier of the track for which the licence is sought to the Department.

(2) An application for a track betting licence shall—

(a) be in such form and be made in such manner,

(b) comply with such requirements, and

(c) contain such information,

as the Department may determine and the applicant shall attach to the application such fee as the Department, with the consent of the Department of Finance and Personnel, may specify by order, subject to affirmative resolution.

(3) Subject to paragraph (4), on an application made for the grant of a track betting licence, the Department, after hearing representations, if any, from the applicant or any other person who wishes to object to the grant of the licence, may grant the track betting licence if it is satisfied—

(a) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) either—

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

(ii) that the land may be used as a track for that period without such permission.

(4) The Department may refuse to grant a track betting licence if it is satisfied—

(a) that the existence or user of the track—

(i) would injuriously affect either the health or the comfort of persons residing in the vicinity of the track, or be detrimental to the interests of persons receiving instruction or residing in any school or institution in that vicinity; or

(ii) would seriously impair the amenities of that vicinity; or

(iii) would result in undue congestion of traffic or seriously prejudice the preservation of law and order; or

(b) that the applicant has been convicted—

(i) of any offence under this Part;

(ii) of any offence involving fraud or dishonesty.

(5) On the grant of a track betting licence and, during the currency of that licence, on the anniversary of that grant, the holder of the licence shall pay to the Department such fee as the Department, with the consent of the Department of Finance and Personnel, may specify by order, subject to affirmative resolution.

F1 Art. 37(3)(a) repealed (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(2), Sch. 4 (with art. 62); S.R. 2010/328, art.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