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The Licensing (Northern Ireland) Order 1987

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Notice of applications for licences, etc., and imposition of certain conditions on such applications

5.—(1) In section 5 of the Licensing Act (powers of court on applications for licences)—

(a)in subsection (2)(c)(ii) for “paragraph 7 of Schedule 11” there shall be substituted “section 3(5)(a)”;

(b)after subsection (2)(c) there shall be inserted—

and

(d) either—

(i) that there is in force planning permission to use the premises as premises of the kind specified in the application for the period during which the licence would be in force; or

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

(c)at the end of subsection (4) there shall be inserted—

(4A) For the purposes of subsection (4)(a)(ii) an order under section 131(3)(b) of the Local Government Act (Northern Ireland) 1972 shall have effect as if it were an order under section 33 of the New Towns Act (Northern Ireland) 1965.;

(d)at the end of subsection (5A) there shall be inserted—

(5B) A court which grants a licence under subsection (1) in respect of premises of a kind mentioned in section 3(1)(e) may attach to the licence such conditions as it thinks fit.

(5C) Where a court grants a licence under subsection (1) in respect of premises of a kind mentioned in section 3(1)(a) and the applicant for that licence has applied to the court for a direction specifying that on Sundays there shall be no permitted hours on the premises, the court shall give such a direction.;

(e)at the end of subsection (7) there shall be inserted—

(8) Where a court gives a direction under subsection (5C) the chief clerk shall note the direction on the licence..

(2) For section 7(7)(ii) of the Licensing Act (application to declare provisionally granted licence final) there shall be substituted—

(ii)that the applicant is a fit person to hold a licence..

(3) After section 11(4)(a) of the Licensing Act (applications for the renewal of licences) there shall be inserted—

(aa)the licensed premises have been altered since the last previous renewal of the licence (or, where the renewal applied for is the first renewal of the licence, since the licence was granted); or (ab) the application for renewal is in respect of premises of a kind mentioned in section 3(1)(a) for which the applicant has also applied to the court for—

(i)a direction specifying that on Sundays there shall be no permitted hours on the premises; or

(ii)the cancellation of such a direction; or.

(4) In section 12 of the Licensing Act (powers of court hearing applications for renewal)—

(a)in subsection (2)(d)(ii) for “paragraph 7 of Schedule 11” there shall be substituted “section 3(5)(a)”;

(b)at the end of subsection (2) there shall be inserted—

and

(e)where the licence is in respect of premises of a kind mentioned in section 3(1)(e), that the conditions attached to the licence by the court under section 5(5B) have been observed.;

(b)at the end of subsection (3A) there shall be inserted—

(3B) A court which renews a licence in respect of premises of a kind mentioned in section 3(1)(a), on the application of the holder of the licence—

(a) where a direction has not been given under section 5(5C), shall give such a direction; or

(b) shall cancel a direction given under paragraph (a) or section 5(5C).;

(d)at the end of subsection (6) there shall be inserted—

(7) Where a court gives or cancels a direction under subsection (3B) the clerk of petty sessions shall note the direction or, as the case may be, the cancellation on the licence..

(5) In section 34 of the Licensing Act (register of licences)—

(a)after subsection (1)(d) there shall be inserted—

(dd) particulars of any condition imposed under section 5(5B) or any direction given under section 5(5C) or 12(3B)(a) and any cancellation of any such direction;;

(b)in subsection (2)—

(i)after “Schedule 6” insert “and”;

(ii)the words “and paragraph 6(1) or (3) of Schedule 11” shall cease to have effect.

(6) In Schedule 1 to the Licensing Act (applications for the grant of licences)—

(a)in paragraph 1—

(i)after sub-paragraph (a) there shall be inserted—

(aa)during the three weeks before that time, cause notice of the application to be displayed on or near the premises for which the licence is to be sought;;

(ii)in sub-paragraph (b) for the words from “a copy” onwards there shall be substituted—

a copy of the notice upon—

(i)the sub-divisional commander of the police sub-division in which the premises are situated;

(ii)where the applicant resides in some other police sub-division, upon the sub-divisional commander of that sub-division;

(iii)the district council for the district in which the premises are situated.;

(b)in paragraph 2 the words “and address” shall cease to have effect;

(c)in paragraph 3 in sub-paragraph (1)(b) for “divisional commander of the police division” there shall be substituted “sub-divisional commander of the police sub-division” and at the end there shall be added “and upon the district council”;

(d)in paragraph 4 for the words from the beginning to “local body” there shall be substituted “A sub-divisional commander upon whom notice is required by paragraph 1 to be served, the district council mentioned in that paragraph”;

(e)for paragraph 6(b) there shall be substituted—

(b)serve a copy of the notice upon the chief clerk.;

(f)in paragraph 7—

(i)in sub-paragraph (b) for “the vicinity or the police division” in the first place where it occurs there shall be substituted “the vicinity, the premises, the police sub-division or the district” and in the second place where it occurs there shall be substituted “the vicinity, the site of the premises, the police sub-division or the district”;

(ii)after sub-paragraph (c) there shall be inserted—

(cc)where the application is for the provisional grant of a licence of a kind mentioned in section 3(1)(a), (c) or (d), in paragraph 1(b) at the end there shall be added—

(iv)the Northern Ireland Tourist Board.;

(g)for paragraph 8(a) there shall be substituted—

(a)in paragraph 1, sub-paragraph (b)(ii) shall be omitted;

(h)for paragraph 9 there shall be substituted—

9.  A person who intends to make an application to have the provisional grant of a licence declared final shall, not less than three weeks before the time of the opening of the court sitting at which the application is to be made, serve notice of the application upon the chief clerk 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 premises are situated;

(ii) where the applicant resides in some other police sub-division, upon the sub-divisional commander of that sub-division;

(iii) the district council for the district in which the premises are situated.;

(i)for paragraph 11 there shall be substituted—

11.  A sub-divisional commander upon whom notice is required by paragraph 9 to be served or the district council mentioned in that paragraph shall be entitled to appear at the hearing of the application and object to the grant of the licence being declared final on the ground—

(a)that the applicant is not a fit person to hold a licence; or

(b)that the premises have not been completed in accordance with the plans deposited under part I as modified by part II or in accordance with those plans with modifications consented to under section 7(6)..

(7) In Schedule 3 to the Licensing Act (approval of sites)—

(a)in paragraph 3(1)(b) for the words from “the divisional commander of each police division” onwards there shall be substituted—

(i)the sub-divisional commander of each police sub-division in which the area, or any part of it, is situated;

(ii)the district council for each district in which the area, or any part of it, is situated.;

(b)in paragraph 3(3) for the words from the beginning to “him)” there shall be substituted “A sub-divisional commander upon whom notice is required by sub-paragraph (1)(b) to be served, the district council mentioned in that sub-paragraph”;

(c)for paragraph 3(4)(b) there shall be substituted—

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

(8) In Schedule 4 to the Licensing Act (applications for the renewal of licences)—

(a)in paragraph 3 for the words from “a copy” onwards there shall be substituted—

a copy of the notice upon—

(i)the sub-divisional commander of the police sub-division in which the premises are situated;

(ii)where the applicant resides in some other police sub-division, upon the sub-divisional commander of that sub-division;

(iii)the district council for the district in which the premises are situated.;

(b)in paragraph 5—

(i)for the words from the beginning to “local body” there shall be substituted “A sub-divisional commander upon whom notice is required by paragraph 3 to be served, the district council mentioned in that paragraph”;

(ii)in sub-paragraph (d)(ii) for “paragraph 7 of Schedule 11” there shall be substituted “section 3(5)(a)”;

(iii)at the end there shall be added—

; or

(e)in the case of premises for which an order under section 44 is in force, that the condition mentioned in section 44(2) has not been, and the requirements of paragraphs (a) and (b) of that subsection have not continued to be, complied with.;

(b)for paragraph 6(b) there shall be substituted—

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

(9) In Schedule 5 to the Licensing Act (applications for the transfer of licences)—

(a)in paragraph 1(b) for the words from “a copy” onwards there shall be substituted—

a copy of the notice upon—

(i)the sub-divisional commander of the police sub-division in which the premises are situated;

(ii)where the applicant resides in some other police subdivision, upon the sub-divisional commander of that sub-division;

(iii)the district council for the district in which the premises are situated.;

(b)in paragraph 3—

(i)for the words from the beginning to “local body” there shall be substituted “A sub-divisional commander upon whom notice is required by paragraph 1 to be served, the district council mentioned in that paragraph”;

(ii)in sub-paragraph (b)(ii) for “paragraph 7 of Schedule 11” there shall be substituted “section 3(5)(a)”;

(c)for paragraph 4(b) there shall be substituted—

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

(d)in paragraph 6(a) for “or the police division” in both places where it occurs there shall be substituted “, the police sub-division or the district”.

(10) In Schedule 6 to the Licensing Act (applications for protection orders and authorisations of temporary continuance of businesses)—

(a)in paragraph 2 for “divisional commander of the police division” there shall be substituted “sub-divisional commander of the police sub-division”;

(b)in paragraph 5 for the words from the beginning to “him)” there shall be substituted “The sub-divisional commander upon whom notice is required by paragraph 2 to be served”;

(c)in paragraph 6 for “divisional” there shall be substituted “sub-divisional”.

(11) In Schedule 7 to the Licensing Act (applications for occasional licences)—

(a)in paragraph 2—

(i)for “four days” there shall be substituted “2 weeks”;

(ii)for the words from “a copy” onwards there shall be substituted—

a copy of the notice upon—

(a)the sub-divisional commander of the police sub-division in which the place or premises to which the application relates is or are situated; and

(b)the district council for the district in which the place or premises is or are situated.;

(b)in paragraph 3—

(i)the words “the local body or” shall cease to have effect;

(ii)for “divisional commander of the police division” there shall be substituted “sub-divisional commander of the police sub-division” and for “divisional commander” there shall be substituted “sub-divisional commander”;

(c)in paragraph 5—

(i)for the words from the beginning to “him)” there shall be substituted “The sub-divisional commander mentioned in paragraph 2(a), the district council mentioned in paragraph 2(b)”;

(ii)at the end there shall be added—

on either of the following grounds—

(a)that functions held at the place or premises to which the application relates have been conducted so as to cause undue inconvenience to persons residing in the vicinity of that place or, as the case may be, those premises; or

(b)that terms and conditions imposed under section 27(11A) in respect of a previous occasional licence in respect of that place or those premises were not complied with.;

(d)in paragraph 6 for “divisional commander and” there shall be substituted “sub-divisional commander, the district council or”.

(12) In Schedule 8 to the Licensing Act (applications and notices under section 31)—

(a)in paragraph 2(a) for “divisional commander of the police division” there shall be substituted “sub-divisional commander of the police sub-division”;

(b)in paragraph 4(b) for “divisional” there shall be substituted “sub-divisional”;

(c)in paragraph 5 for the words from the beginning to “him)” there shall be substituted “The sub-divisional commander upon whom notice is required by paragraph 2 to be served”;

(d)for paragraph 6(b) there shall be substituted—

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

(13) In Schedule 9 to the Licensing Act (applications for extension licences)—

(a)in paragraph 2—

(i)for “four days” there shall be substituted “2 weeks”;

(ii)for the words from “a copy” onwards there shall be substituted—

a copy of the notice upon—

(a)the sub-divisional commander of the police sub-division in which the premises to which the application relates are situated; and

(b)the district council for the district in which the premises are situated;

(b)in paragraph 4 for the words from the beginning to “him)” there shall be substituted “The sub-divisional commander mentioned in paragraph 2(a) and the district council mentioned in paragraph 2(b)”;

(c)in paragraph 6 for “divisional commander” there shall be substituted “sub-divisional commander or the district council”.

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