The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985

5.—(1) An application for the grant, renewal or transfer of an entertainments licence shall be made in writing to the council and the applicant shall supply the council with three copies of the application. N.I.

(2) Every application shall—

(a) be in such form and contain such particulars as the council may reasonably require;

(b) be accompanied by three copies of such plans, certificates or other documents as the council may reasonably require; and

(c) be accompanied by such fee as the Department may from time to time determine.

(3) Subject to sub-paragraph (4), an applicant for the grant, renewal or transfer of an entertainments licence shall, not later than 7 days after the date of the application, give public notice of the application by publishing an advertisement in such newspapers circulating in the district of the council as the council may require.

(4) Sub-paragraph (3) does not apply to an applicant for the grant of an entertainments licence mentioned in paragraph 4(2) in respect of an educational institution or a church hall, chapel hall or other similar building occupied in connection with a place of public religious worship.

(5) Every advertisement published under sub-paragraph (3) shall state—

(a) that application has been made for the grant, renewal or transfer of an entertainments licence (as the case may be);

(b) the nature of the entertainment and the address or location of the place in respect of which the application has been made;

(c) the name and address of the applicant;

(d) that representations in relation to the application may be made to the council in accordance with sub-paragraph (6);

and the applicant shall supply a copy of every such advertisement to the council.

(6) Any person wishing to make any representation in relation to an application for the grant, renewal or transfer of an entertainments licence shall give notice to the council, stating in general terms the nature of the representation, not later than 28 days after the date of the application.

(7) The council shall, as soon as an application for the grant, renewal or transfer of an entertainments licence is made to it, send a copy of the application to the appropriate sub-divisional commander and to the Fire Authority.

(8) In considering any application for the grant, renewal or transfer of an entertainments licence the council shall—

(a) have regard to any observations submitted to it by the appropriate sub-divisional commander and the [F1 Fire and Rescue Service Board]F1 ;

[F2 (aa) have regard to any conviction of the applicant of an offence under paragraph 10 within the period of 5 years immediately preceding the date when the application was made;]

F2 (b) give an opportunity of appearing before and of being heard by the council to the applicant;

(c) have regard to any representation of which notice has been sent to it under sub-paragraph (6); and

(d) give an opportunity of appearing before and of being heard by the council to any person who has made any such representation.

[F2 (9) Subject to paragraph 13 and without prejudice to its power to refuse an application on any other grounds, the council may refuse an application for the grant, renewal or transfer of an entertainments licence on the ground that the applicant has been convicted of an offence under paragaph 10 within the period of 5 years immediately preceding the date when the application was made.]

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F1 Words in Sch. 1 para. 5(8) substituted (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(1), Sch. 3 para. 15(a) (with art. 62); S.R. 2006/257, art. 2(d)

F2 1995 NI 5