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The Licensing (Northern Ireland) Order 1990

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Articles 36(2), 39(2), 90(1).

SCHEDULE 8APPLICATIONS AND NOTICES UNDER ARTICLE 36

PART IAPPLICATIONS FOR CONSENT TO ALTERATIONS

1.  In this Part “application” means an application under Article 36(1)(i).

2.  A person who intends to make an application shall, not less than 3 weeks before the time of the opening of the court sittings 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—

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

(b)the person whose name is recorded in the register of licences as the owner of the premises.

3.  The notice mentioned in paragraph 2 shall specify the kind of premises to which the application relates and shall be in such form and, without prejudice to paragraph 4, shall contain such other information as may be prescribed by county court rules.

4.  The applicant shall attach to—

(a)the notice mentioned in paragraph 2, and

(b)the copy of that notice which is served upon the sub-divisional commander,

a plan of the premises showing the proposed alteration.

5.  The sub-divisional commander upon whom notice is required by paragraph 2 to be served or the person mentioned in paragraph 2(b), shall be entitled to appear at the hearing of the application and to object to the court’s consenting to the alteration to which the application relates.

6.  A person intending to object under paragraph 5 shall, not less than 1 week before the time mentioned in paragraph 2,—

(a)serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing;

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

PART IINOTICES OF ALTERATIONS REQUIRED BY AUTHORITIES

7.  The notice shall specify the kind of premises to which it relates and shall be in such form and, without prejudice to paragraph 8, shall contain such other information as may be prescribed by magistrates' courts rules.

8.  (1)  The holder of the licence shall attach to the notice a plan of the premises showing the proposed alterations.

(2) The alterations shown in the plan mentioned in sub-paragraph (1) shall be authenticated by or on behalf of the authority in question in the manner prescribed by magistrates' courts rules.

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