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The Licensing (Northern Ireland) Order 1990

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Supplementary provisions relating to protection orders

29.—(1) A protection order shall, unless suspended, remain in force—

(a)for a period of 6 months or such shorter period as may be specified in the order; and

(b)where an application for the transfer of the licence is made but not finally disposed of within that period, until the time when the application (including any appeal) is finally disposed of or, where the transfer is not granted, until the expiration of a period of 8 weeks after that time;

but, notwithstanding the foregoing provisions of this paragraph, it shall cease to have effect—

(i)on the transfer of the licence; or

(ii)on the making of a further protection order under paragraph (3); or

(iii)on its revocation by a court of summary jurisdiction on application by either the holder of the licence or the holder of the protection order; or

(iv)on the surrender of the licence.

(2) Where a protection order has been made on an application under Article 28(3), a court of summary jurisdiction may, on application by the person in whose favour the order was made, make such further protection order or orders as it thinks fit.

(3) A protection order may be made to supersede a previous protection order, if the court is satisfied that the person in whose favour the previous order was made—

(a)will be unable to apply for a transfer before the expiration of that order; or

(b)consents to that order’s being superseded; or

(c)no longer proposes to apply for a transfer of the licence or is not qualified to do so; or

(d)is unable to carry on business under that order.

(4) Where the court makes a protection order the clerk of petty sessions shall note the order on the licence.

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