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The Licensing (Northern Ireland) Order 1990

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Articles 54(2), 90(1).

SCHEDULE 10APPLICATIONS FOR EXTENSION LICENCES

1.  In this Schedule “licence” means an extension licence.

2.  A person who intends to make an application for the grant of a licence shall, not less than 2 weeks before the time when he wishes the application to be considered, serve notice of the application upon the clerk of petty sessions and at the same time serve 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.

3.  The notice mentioned in paragraph 2 shall be in such form and shall contain such information as may be prescribed by magistrates' courts rules.

4.  The sub-divisional commander mentioned in paragraph 2(a) and the district council mentioned in paragraph 2(b) shall be entitled to appear at the hearing of the application and to object to the granting of the licence.

5.  A person intending to object under paragraph 4 shall, not later than such time as may be specified in the notice as the time when the applicant wishes the application to be considered, serve upon the applicant and the clerk of petty sessions notice of his intention to object, briefly stating his grounds for so doing.

6.  Where the court or the clerk of petty sessions is satisfied that the applicant had reasonable cause for failing to serve the notice required by paragraph 2, the application may be considered notwithstanding that the provisions of that paragraph have not been complied with, if the court or, as the case may be, the clerk is satisfied that the sub-divisional commander or the district council does not object, and such an application shall not, by reason only of that failure, be treated as not having been duly made.

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