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

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The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985, SCHEDULE 5 is up to date with all changes known to be in force on or before 16 December 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 5:

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Articles 23(4), (5), (6)(a) and (7) and 187(1).

SCHEDULE 5N.I.APPLICATIONS FOR THE TRANSFER OF BOOKMAKING OFFICE LICENCES

PART IN.I.TRANSFER OF BOOKMAKING OFFICE LICENCES

1.  A licensed bookmaker who intends to make an application for the transfer of a bookmaking office licence shall—N.I.

(a)not more than 6 weeks or less than 2 weeks before the time of the court sitting at which the application is to be made, cause notice of the application to be published at least once in 2 newspapers circulating in the vicinity of the licensed office;

(b)not less than 3 weeks before that time serve notice of the application upon the clerk of petty sessions and at the same time serve a copy of the notice upon—

(i)the sub-divisional commander of the police sub-division in which the licensed office is situated; and

(ii)the district council for the district in which the licensed office is situated.

2.—(1) The notice mentioned in paragraph 1 shall be in such form and shall contain such information as may be prescribed by magistrates' courts rules.N.I.

(2) Without prejudice to sub-paragraph (1), where the notice mentioned in paragraph 1 relates to an application to be made by a body corporate, the notice served under paragraph 1(b) shall specify—

(a)the names of the directors of the body corporate;

(b)the names of any persons who have executive control of the body corporate;

(c)the names of any persons who have a financial interest in the body corporate; and

(d)a statement of the nature and extent of the financial interest of persons mentioned in head (c) (including a description of any right of direction or instruction to the directors given by that financial interest).

3.  The applicant shall attach to the notice mentioned in paragraph 1(b) the receipt issued by the Department under Article 172(3) in respect of payment of the charge specified in Article 172(1)(f).N.I.

4.  Any person shall be entitled to appear at the hearing of the application and object to the transfer of the bookmaking office licence on any of the grounds mentioned in Article 23(6) and (8).N.I.

5.  A person intending to object under paragraph 4 shall, not less than 1 week before the time mentioned in paragraph 1(a),—N.I.

(a)serve upon the applicant notice of his intention to object briefly stating his grounds for so doing;

(b)serve a copy of the notice upon the clerk of petty sessions.

6.—(1) Before the hearing of the application for the transfer of a bookmaking office licence, the applicant shall deposit the licence with the clerk of petty sessions.N.I.

(2) Where the applicant has not possession of the bookmaking office licence and the court has reason to believe that the licence is in the possession of some other person the court may order that person to deposit it with the clerk within a reasonable period specified in the order and if he contravenes the order without reasonable excuse he shall be guilty of an offence.

PART IIN.I.TRANSFER OF BOOKMAKING OFFICE LICENCES PROVISIONALLY GRANTED

7.  Part I shall apply for the purposes of an application for the transfer of a bookmaking office licence provisionally granted subject to the modification that where the application relates to a bookmaking office licence for premises about to be constructed or in the course of construction, for any reference to the vicinity, the police sub-division or the district in which the licensed office is situated there shall be substituted a reference to the vicinity, the police sub-division or the district in which the premises are to be situated.N.I.

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