- Latest available (Revised)
- Original (As made)
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, Section 12 is up to date with all changes known to be in force on or before 07 May 2016. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
12.—(1) Subject to paragraph 26, the council shall refuse an application for the grant, renewal or transfer of a licence under this Schedule where the applicant is—N.I.
(a)a person under the age of 18; or
(b)a person who is for the time being disqualified under paragraph 17(3); or
(c)a person, other than a body corporate, who is not resident in [F1an EEA state] or was not so resident throughout the period of six months immediately preceding the date when the application was made; or
(d)a body corporate which is not incorporated in [F2an EEA state]; or
(e)a person who has, within a period of 12 months immediately preceding the date when the application was made, been refused the grant or renewal of a licence for the premises, vehicle, vessel or stall in respect of which the application is made, unless the refusal has been reversed on appeal.
(2) Subject to paragraph 26, the council may refuse—
(a)an application for the grant or renewal of a licence on one or more of the grounds specified in sub-paragraph (3);
(b)an application for the transfer of a licence on either or both of the grounds specified in heads (a) and (b) of that sub-paragraph.
(3) The grounds mentioned in sub-paragraph (2) are—
(a)that the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason;
(b)that if the licence were to be granted, renewed or transferred the business to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant, renewal or transfer of such as licence if he made the application himself;
(c)that the number of sex establishments in the relevant locality at the time the application is made is equal to or exceeds the number which the council considers is appropriate for that locality;
(d)that the grant or renewal of the licence would be inappropriate, having regard—
(i)to the character of the relevant locality; or
(ii)to the use to which any premises in the vicinity are put; or
(iii)to the layout, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made.
(4) Nil may be an appropriate number for the purposes of sub-paragraph (3)(c).
(5) In this paragraph “the relevant locality” means—
(a)in relation to premises, the locality where they are situated; and
(b)in relation to a vehicle, vessel or stall, any locality where it is desired to use it as a sex establishment.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: