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The Food (Northern Ireland) Order 1989

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Right to carry on business pending appeal

61.  (1)  Where—

(a)a decision of a district council under this Order or under any regulations made under it, refusing, cancelling, suspending, or revoking, registration or a licence; or

(b)a decision of a court of summary jurisdiction on appeal against any such decision;

makes it unlawful for a person—

(i)to carry on any business which he, or his immediate predecessor in the business, was lawfully carrying on at the date when the decision of the council was given; or

(ii)to use any premises for any purpose for which he, or his immediate predecessor in the business, was lawfully using those premises at the date when the decision of the council was given;

that person may carry on that business and use those premises for that purpose until the time for appealing has expired, and, if an appeal is lodged, until the appeal has been disposed of or abandoned or has failed for want of prosecution.

(2) Paragraph (1) shall apply also where an order of a court made under Article 16 makes it unlawful for a person to use any premises for the purpose of a business carried on at those premises immediately before the making of that order.

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