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The Licensing (Northern Ireland) Order 1990

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Renewal of licences in respect of certain premises

18.—(1) Subject to paragraph (2), where a licence was granted for premises in which a principal business was carried on and an application for the renewal of the licence is made to a court of summary jurisdiction, the court, if satisfied—

(a)that the principal business has been discontinued in consequence of damage caused to premises and an application has been, or will be made under the Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971(1) or the Criminal Damage (Compensation) (Northern Ireland) Order 1977(2) for compensation for that damage, and

(b)that there is a likelihood that, within a reasonable period, either—

(i)the principal business will be resumed in the licensed premises, or

(ii)an application will be made to a county court for a new licence in lieu of the existing licence to enable the business to be carried on in other premises (whether on the same site or not), or

(iii)an application will be made to the county court for a new licence and the licence sought to be renewed is proposed to be surrendered as a subsisting licence,

may grant the renewal notwithstanding that—

(A)the licensed premises have ceased to exist; or

(B)the principal business has been discontinued; or

(C)the premises are no longer registered under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 1948(3) or, as the case may be, no longer provide accommodation approved by the Northern Ireland Tourist Board.

(2) Where an application for the renewal of the licence has been made on 2 previous occasions in respect of any premises the court shall not grant the renewal under paragraph (1) unless the applicant—

(a)satisfies the court that there were reasonable grounds for the failure either to resume the principal business in the licensed premises or to make an application for a new licence; and

(b)produces evidence to the court that he is taking the necessary steps to resume that business or make that application within the next 12 months.

(3) Where in respect of any year a licence is renewed under this Article, Articles 6(3)(a) and 50 and Article 62 in so far as it relates to Article 6(3)(a) shall not apply to the conduct of the licensed business in the licensed premises during that year.

(4) In this Article—

“principal business” means the business of an hotel or the business of providing accommodation for guests in premises such as are mentioned in Article 2(5)(a) or (b);

“licensed business” means the business of selling intoxicating liquor in premises in which a principal business is carried on.

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