County Court (Amendment No. 2) Rules (Northern Ireland) 1997

Statutory Rules of Northern Ireland

1997 No. 61

COUNTY COURTS

County Court (Amendment No. 2) Rules (Northern Ireland) 1997

Made

17th February 1997

Coming into operation

20th February 1997

We, the County Court Rules Committee appointed by the Lord Chancellor under Article 46 of the County Courts (Northern Ireland) Order 1980(1), in exercise of the powers conferred on us by Article 47 of that Order, Article 85(1) of, paragraphs 2 and 12 of Schedule 1 and paragraph 3(2) of Schedule 3 to, the Licensing (Northern Ireland) Order 1996(2), Article 52(1) of, and paragraph 2(1) of Schedule 2 to, the Registration of Clubs (Northern Ireland) Order 1996(3), and all other powers enabling us in that behalf hereby make the following Rules:—

Citation and interpretation

1.—(1) These Rules may be cited as the County Court (Amendment No. 2) Rules (Northern Ireland) 1997.

(2) In these Rules a reference to an Order, Appendix or Form by number is a reference to that Order, Appendix or Form so numbered in the County Count Rules (Northern Ireland) 1981(4).

Amendment of the County Court Rules (Northern Ireland) 1981

2.  For Order 48 there shall be substituted the new Order 48 set out in Schedule 1.

3.—(1) For Forms 194 to 201, 305 and 306 there shall be substituted the new Forms set out in Schedule 2.

(2) The new Forms set out in Schedule 3 shall be inserted in Appendix 1 in the place appropriate to their number and letter.

(3) Forms 202 to 211 and 307 shall be amended to the extent set out in Schedule 4.

We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.

A. R. Hart

John J. Curran

T. A. Burgess

Barry Valentine

H. McM. Keegan

Brian F. Walker

G. H. Keatley

Dated 30th January 1997.

After consultation with the Lord Chief Justice, I allow these Rules which shall come into operation on 20th February 1997.

Mackay of Clashfern, C.

Dated 17th February 1997.

Rule 2

SCHEDULE 1 Rules to be inserted as Order 48

“ORDER 48 Licensing and Registration of Clubs

Part 1 General

Interpretation

1.— (1) In this Order;

in Parts II to IV and VI “the Licensing Order” means the Licensing (Northern Ireland) Order 1996(5) and expressions which are defined in that Order have the same meaning as in that Order;

in Parts V and VI, “the Registration of Clubs Order” means the Registration of Clubs (Northern Ireland) Order 1996(6) and expressions which are defined in that Order have the same meaning as in that Order;

“the chief clerk” means the chief clerk for the county court division in which the application is being made.

(2) The notes appended to the forms do not form any part thereof and are so appended only for the purpose of assisting their proper completion.

Part II Applications for the Grant of Licences

Notices of application

2.— (1) Notice of application in accordance with Articles 7 or 9 of and Schedule 1 to the Licensing Order for the grant or, as the case may be, for the provisional grant of a licence shall be in one of Forms 194 to 201 as may be appropriate; so, however, that the notice required by paragraph (1)(a) of that Schedule to be inserted in the newspapers referred to in that paragraph and the notice required by paragraph (1)(b) of that Schedule to be displayed for the time and in the manner specified by that paragraph, may omit to specify the address of the applicant for the licence where the notice gives the address of the solicitor for the applicant.

(2) A person intending to make an application for the grant or declaration of the final grant of a licence, in addition to complying with paragraph 1 or paragraph 11 of Schedule 1 to the Licensing Order, as the case may be, shall not less than three weeks before the time of the opening of the court at which the application is to be heard, serve a copy of the notice upon the clerk of petty sessions for the petty sessions district in which the premises are situated.

(3) Where it is intended to apply to the court which grants a licence or declares a licence provisionally granted to be final for—

(a) an order under Article 43 of the Licensing Order directing that the permitted hours for part of such premises of a kind mentioned in Article 5(1)(a) of the Licensing Order for which the court imposes a condition under Article 43(2) of the Licensing Order shall be the hours mentioned in Article 42(2) of the said Order; or

(b) an order under Article 44 of the Licensing Order directing that, on such days as may be specified, the hours mentioned in Article 44(2) of the Licensing Order shall, in addition to the hours mentioned in Article 42(1) of the said Order, be included in the permitted hours for such part or parts of the premises which are specified in the order; or

(c) an order under Article 48 of the Licensing Order specifying any part of the premises as suitable for functions such as are mentioned in Article 47(5) of the Licensing Order (functions for which extension licences may be granted); or

(d) the grant of a children’s certificate under Article 59 of the Licensing Order,

such intention shall be stated in the notice of application for the grant or in the notice of application for the provisional grant, as the case may be; and the plan attached to the notice in accordance with paragraph 3 of Schedule 1 to the Licensing Order shall particularly delineate or distinguish the part of the premises for which the order or certificate is sought.

(4) Where notice is given of an application for the grant or provisional grant of a licence for premises on a site approved by declaration under Article 10 of the Licensing Order the notice shall refer to the fact that the premises are of a kind approved for that site by declaration.

(5) A notice of application for a declaration that the grant of a licence is final in accordance with Article 9(7) of the Licensing Order shall be in Form 202 and the applicant shall attach the licence to the notice for the purposes of Article 9(10) of the Licensing Order.

(6) A person intending to apply for the consent of the court under Article 9(6) to the Licensing Order to the modification of plans at any time before a licence provisionally granted has been declared final shall—

(a) not less than three weeks before the time of the opening of the court sittings at which application is to be heard, serve notice in Form 203 on the chief clerk and serve copies of the notice on the sub-divisional commander of the police sub-division in which the premises are or are to be situated and on the district council for the district in which the premises are or are to be situated;

(b) attach to such notice and copy notices copies of the modified plans complying with Rule 6 and clearly showing the proposed modifications.

(7) A notice of intention to object in accordance with—

(a) paragraphs 4 and 6 or 13 and 14 of Schedule 1 to the Licensing Order to the grant, provisional grant or grant of the licence being declared final, as the case may be, shall be in Form 204;

(b) paragraphs 7A and 7B of Schedule 1 to the Licensing Order to—

(i) the making of an order under Article 43 of the Licensing Order (alternative permitted hours for off sales);

(ii) the making of an order under Article 44 of the Licensing Order (additional permitted hours);

(iii) the making of an order under Article 48 of the Licensing Order (suitability of premises for functions); or

(iv) the grant of a children’s certificate under Article 59 of the Licensing Order,

shall be in Form 204A.

(8) A notice published in the newspapers as required by paragraph 1(a) of Schedule 1 to the Licensing Order and a notice displayed at the premises as required by paragraph 1(b) of that Schedule shall—

(a) include a reference to the requirement that any person owning or residing or carrying on business in premises in the vicinity of the premises for which the licence is sought who intends to object to the grant of the licence must, in accordance with paragraph 6 of Schedule 1 to the Licensing Order, serve notice of his intention to object upon the applicant and the chief clerk, not less than one week before the time of the opening of the court sitting specified in the notice so published;

(b) state that the permissible grounds of objection are such as are specified in Article 7(4)(a) to (e)(i) of the Licensing Order, namely, failure to comply with the correct procedure, unfitness of applicant, unsuitability of premises and, where the premises are of a kind mentioned in Article 5(1)(a) or (b) only and Article 7(6) or paragraph 6 of Schedule 3 to the Licensing Order does not apply, that the number of licensed premises of that kind in the vicinity is or will be adequate; and

(i) in the case of an application under Article 43, the permissible grounds of objection are as specified in Article 43(2) (structural suitability);

(ii) in the case of an application under Article 44, the permissible grounds of objection are as specified in Article 44(1) and (3) (structural suitability and undue inconvenience to residents);

(iii) in the case of an application under Article 48 the permissible grounds of objection are as specified in Article 48(2) (suitability of premises);

(iv) in the case of an application under Article 59 the permissible grounds of objection as specified in Article 59(2) (suitability of premises for children).

(c) where appropriate, state that a subsisting licence is to be surrendered to the court and give particulars thereof.

(9) A notice of intention to object, under paragraph 5 of Schedule 1 to the Licensing Order, to the surrender of a subsisting licence shall be in Form 205.

Documents to be produced at hearing of application

3.— (1) Where the application is for the grant or declaration of the final grant of a licence for an hotel or a guest house, evidence that the premises comply with Article 2(2) of the Licensing Order as being premises of an establishment allocated by a certificate under Article 13 of the Tourism (Northern Ireland) Order 1992(7) to the statutory category of hotel or guest house, as the case may be, shall be given at the hearing of the application by production of a certificate to that effect issued by the Northern Ireland Tourist Board.

(2) Where the application is for the grant or declaration of the final grant of a licence for a conference centre, evidence that the premises comply with Article 2(2) of the Licensing Order as being premises for which there is in force a certificate allocated by the Northern Ireland Tourist Board stating that the premises conform to the prescribed requirements, shall be given at the hearing of the application by production of a certificate to that effect issued by the said Board.

(3) Where the application is made for a licence under the Licensing Order for any place of entertainment, any licence required by a council under Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985(8) shall be produced at the hearing of the application.

Part III Applications for Declarations of Approved Sites under Article 10 of the Licensing Order

4.— (1) Notice of application in accordance with paragraph 3 of Schedule 3 to the Licensing Order for a declaration under Article 10 of that Order shall be in Form 206.

(2) Notice of intention to object in accordance with the said paragraph 3 shall be in Form 207.

(3) Such a declaration shall be in Form 208.

Part IV Miscellaneous

Applications under Article 31(1)(i)

5.— (1) Notice of application in accordance with paragraph 2 of Schedule 8 to the Licensing Order for an order under Article 31(1)(i) of that Order for the consent of the court to such alterations as are referred to in Article 31(1)(a) to (d) of that Order shall be in Form 209.

(2) Notice of intention to object under paragraph 5 of Schedule 8 to the Licensing Order shall be in Form 210.

(3) An order consenting to such alterations shall be in Form 211.

Requirements for plans to be attached to notice of application

6.— (1) The plan required by paragraph 3(1) of Schedule 1 to the Licensing Order to be attached to a notice of application for the grant of a licence shall be to scale of 100 :1 on substantial paper or material and shall show each floor of the premises on a separate page measuring, where practicable, approximately 46 cms by 46 cms and certified by an architect, surveyor or any other person considered by the court to be competent to do so.

(2) The plan shall show the parts of the premises in which intoxicating liquor is sold, or in which it is intended that intoxicating liquor should be sold, by clearly distinguishing in bold hatched or shaded colour between that and other parts of the premises.

(3) Where the application relates to an hotel or guest house, each of the following parts shall be clearly distinguished (by shading in separately each part in a different colour from the others) namely, the part—

(a) in which customers who are not resident or the guests of residents may be served intoxicating liquor;

(b) in which only residents may be served;

(c) set apart for the service of main table meals only to residents and their guests;

(d) set apart for the service of main table meals whether to the public or to residents or their guests;

(e) set apart for the service of intoxicating liquor and other beverages to diners before or after such meals.

Copies of notices for sub-divisional commander to be lodged at police station within police sub-division

7.— (1) Any notice, document or copy thereof required by the Licensing Order or this Order to be served on the sub-divisional commander of a police sub-division shall be served, unless the sub-divisional commander otherwise directs, by being lodged with a member of the Royal Ulster Constabulary for the time being in charge of a police station within the police sub-division in which the premises to which the document relates are or are to be situated; or, as the case may be, in which the applicant resides.

(2) Notwithstanding anything in Article 2(9) of the Licensing Order, where the applicant is a body corporate, paragraph (1) shall have effect as if for the reference to the police sub-division in which the applicant resides there were substituted a reference to that in which the body has its principal or registered office.

Part V Registration of Clubs

Application for the registration of a club

8.— (1) An application for the grant of registration of a club shall be made to the county court for the county court division in which the club premises are situated.

(2) Notice of application in accordance with Article 5 of and paragraph 1(1)(a) of Schedule 2 to the Registration of Clubs Order shall be in Form 305.

(3) Notice of application in accordance with Article 5 of and paragraph 1(1)(b), (c) and (d) of Schedule 2 to the Registration of Clubs Order shall be in Form 306.

(4) Where it is intended to apply to the court which grants the registration of a club for the grant of a children’s certificate under Article 33 of the Registration of Clubs Order, such intention shall be stated in the notice of application referred to at paragraphs (2) and (3) above and the said notice of application shall be accompanied by a plan of the premises delineating the part thereof for which the certificate is sought.

(5) A person intending to make an application for the grant of registration of a club shall, in addition to complying with paragraph 1(1)(b), (c) and (d) of Schedule 2 to the Registration of Clubs Order, serve a copy of the notice upon the clerk of petty sessions for the petty sessions district in which the club premises are situated.

(6) A notice published in the newspapers as required by paragraph 1(1)(b) of Schedule 2 to the Registration of Clubs Order shall—

(a) include a reference to the requirement that any person owning or residing or carrying on business in premises in the vicinity of the premises of the club for which the registration is sought who intends to object to the grant of registration must, in accordance with paragraph 4 of Schedule 2 to the Registration of Clubs Order, serve notice of his intention to object on the club and the chief clerk not less than one week before the time of the opening of the court sittings at which the application is to be made;

(b) state that the permissible grounds of objection are any of the grounds specified in Article 5(5) and (6) of the Registration of Clubs Order.

Objection to the registration of a club or the granting of a children’s certificate

9.— (1) Notice of intention to object to the registration of a club, in accordance with paragraphs 3 and 4 of Schedule 2 to the Registration of Clubs Order, shall be in Form 307.

(2) Notice of intention to object to the granting of a children’s certificate, in accordance with paragraphs 6 and 7 of Schedule 2 to the Registration of Clubs Order, shall be in Form 307A.

Part VI Modification of the Licensing Order and the Registration of Clubs Order

Modifications to the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996

10.— (1) Schedule 1 to the Licensing Order shall have effect as if after paragraph 7 thereof there were added the following paragraphs—

“7A.   Where, in accordance with paragraph 7, a person has included notice of his intention to apply for an order under Article 43, 44 or 48 or for a children’s certificate in the notices mentioned in paragraph 1

• a sub-divisional commander upon whom notice is required by paragraph 1 to be served;

• the district council mentioned in that paragraph; or

• any person owning, or residing, or carrying on business in premises in the vicinity of the premises to which the application relates

may appear at the hearing of the application and object to the court making an order or, as the case may be, to the grant of a certificate—

(a) in the case of an application under Article 43, on any ground mentioned in Article 43(2);

(b) in the case of an application under Article 44, on any ground mentioned in Article 44(1) and (3);

(c) in the case of an application under Article 48, on any ground mentioned in Article 48(2);

(d) in the case of an application under Article 59, on any ground mentioned in Article 59(2).

7B.   A person intending to object under paragraph 7A shall, not less than 1 week before the time of the court sitting at which the application is to be made—

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

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

(2) Schedule 2 to the Registration of Clubs Order shall have effect as if after paragraph 5 thereof there were added the following paragraphs—

“6.   Where, in accordance with paragraph 5, a person has included notice of his intention to apply for a children’s certificate in the notices mentioned in paragraph 1

• the sub-divisional commander mentioned in paragraph 1(1)(a)(i);

• the district council mentioned in paragraph 1(1)(a)(ii); or

• any person owning, or residing, or carrying on business in premises in the vicinity of the premises to which the application relates

may appear at the hearing of the application and object to the grant of the certificate on any ground mentioned in Article 33(2).”

7.   A person intending to object under paragraph 6 shall, not less than 1 week before the time of the court sitting at which the application is to be made—

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

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

Rule 3(1)

SCHEDULE 2 Forms to be substituted in Appendix 1

(Articles 2, 5(1)(a), 7, 9 and Schedule 1)

Form 194 Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence for premises in which the business carried on under the licence is the business of selling intoxicating liquor by retail for consumption either in or off the premises

(Articles 2, 5(1)(b), 7, 9 and Schedule 1)

Form 195 Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence for premises in which the business carried on under the licence is the business of selling intoxicating liquor by retail for consumption off the premises

(Articles 2, 5(1)(c), 7, 9 and Schedule 1)

Form 196 Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in an hotel

(Articles 2, 5(1)(e), 7, 9 and Schedule 1)

Form 197 Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a restaurant

(Articles 2, 5(1)(h), 7, 9 and Schedule 1)

Form 198 Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a place of public entertainment

(Articles 2, 5(1)(i), 7, 9 and Schedule 1)

Form 199 Licensing (Northern Ireland) Order 1996>

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a refreshment room in public transport premises

(Articles 2, 5(1)(j), 7, 9, 77 and Schedule 1)

Form 200 Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a seaman’s canteen

(Articles 7, 80 and Schedule 1)

Form 201 Licensing (Northern Ireland) Order 1996

Notice of application for grant of licence for non-seagoing vessel

(Article 5 and Schedule 2 paras. 1(1)(a))

Form 305 Registration of Clubs (Northern Ireland) Order 1996

Preliminary Notice of Application for the Registration of a Club

(Article 5 and Schedule 2 paras. 1(1)(b), (c) and (d))

Form 306 Registration of Clubs (Northern Ireland) Order 1996

Notice of application for the registration of a club

Rule 3(2)

SCHEDULE 3 Forms to be inserted in Appendix 1

(Articles 2, 5(1)(d), 7, 9 and Schedule 1)

Form 196A Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a guest house

(Articles 2, 5(1)(f), 7, 9 and Schedule 1)

Form 197A Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a conference centre

(Articles 2, 5(1)(g), 7, 9 and Schedule 1)

Form 197B Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a higher education institution

Form 204A The Licensing (Northern Ireland) Order 1996

Notice of intention to object to the making of an order under [Article 43 (order for alternative permitted hours)] [Article 44 (order for additional permitted hours)] [Article 48 (order specifying premises as suitable for functions)] [Article 58 (grant of a children’s certificate)]

Form 307A The Registration of Clubs (Northern Ireland) Order 1996

Notice of intention to object to the application for a children’s certificate

Rule 3(3)

SCHEDULE 4 Amendment to Forms

1.  In Form 202—

(a) for the heading there shall be substituted the following new heading:

“Form 202

Licensing (Northern Ireland) Order 1996 (Article 9(7) and Schedule 1)”.

(b) for the words “Article 10(6)” in the body of the Form there shall be substituted the words “Article 9(6)”.

2.  In Form 203—

(a) for the heading there shall be substituted the following new heading:

“Form 203

Licensing (Northern Ireland) Order 1996 (Article 9(6))”.

(b) in the first paragraph for the words—

(i) “Licensing (Northern Ireland) Order 1990” there shall be substituted the words “Licensing (Northern Ireland) Order 1996”.

(ii) “Article 10” in the first paragraph there shall be substituted the words “Article 9”.

(iii) “Article 6(1)” there shall be substituted the words “Article 5(1)”.

3.  In Form 204—

(a) for the heading there shall be substituted the following new heading:

“Form 204

Licensing (Northern Ireland) Order 1996 (Articles 8, 9 and Schedule 1 paras. 6 and 13)”.

(b) for the words “paragraph 11” in note [2] there shall be substituted the words “paragraph 13”.

4.  In Form 205—

(a) for the heading there shall be substituted the following new heading:

“Form 205

Licensing (Northern Ireland) Order 1996 (Schedule 1 paragraph 5)”.

(b) for the words “Article 8(2)(c)(ii)” in the explanatory title and paragraph 1 there shall be substituted the words “Article 7(4)(e)(ii)”.

5.  In Form 206—

(a) for the heading there shall be substituted the following new heading:

“Form 206

Licensing (Northern Ireland) Order 1996 (Article 10 and Schedule 3 paragraphs 3 and 4)”.

(b) for the words “Article 11” in paragraph 3 there shall be substituted the words “Article 10”.

6.  For the heading in Form 207 there shall be substituted the following new heading:

“Form 207

Licensing (Northern Ireland) Order 1996 (Article 10 and Schedule 3 paragraphs 3, (3) and (4))”.

7.  For the heading in Form 208 there shall be substituted the following new heading:

“Form 208

Licensing (Northern Ireland) Order 1996 (Article 10 and Schedule 3 paragraph 4)”.

8.  In Form 209—

(a) for the heading there shall be substituted the following new heading:

“Form 209

Licensing (Northern Ireland) Order 1996 (Article 31(1)(i) and (2) and Schedule 8)”.

(b) for the words

(i) “Article 6(1)[(a)], [(b)], [(c)], [(d)], [(e)], [(f)], [(g)]” there shall be substituted the words “Article 5(1)[(a)], [(b)], [(c)], [(d)], [(e)], [(f)], [(g)], [(h)], [(i)], [(j)]”;

(ii) “Article 36(1)[(a)], [(b)], [(c)], [(d)]” in paragraph 1 there shall be substituted the words “Article 31(1)[(a)], [(b)], [(c)], [(d)]”.

9.  In Form 210—

(a) for the heading there shall be substituted the following new heading:

“Form 210

Licensing (Northern Ireland) Order 1996 (Schedule 8, paras. 5 and 6)”.

(b) for the words “Article 36” in the body of the Form there shall be substituted the words “Article 31”.

10.  In Form 211—

(a) for the heading there shall be substituted the following new heading:

“Form 211

Licensing (Northern Ireland) Order 1996 (Article 31(1)(i))”.

(b) for the words:

(i) “Article 36” in paragraph 1 there shall be substituted the words “Article 31”;

(ii) “Article 36(1)[(a)], [(b)], [(c)], [(d)]” in the final paragraph there shall be substituted the words “Article 31(1)[(a)], [(b)], [(c)], [(d)]”.

11.  In Form 307—

(a) for the heading there shall be substituted the following new heading:

“Form 307

Registration of Clubs (Northern Ireland) Order 1996 (Schedule 2, paras. 3 and 4)”.

(b) for the words “Article 6(5) or (6)” there shall be substituted the words “Article 5(5) or (6)”.

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the County Court Rules (Northern Ireland) 1981 by the substitution of a new Order 48 providing for the procedure to be followed in connection with applications to the county court under the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996. The associated Forms have also been revised and certain new Forms have been included.

These Rules also modify Schedule 1 to the Licensing (Northern Ireland) Order 1996 and Schedule 2 to the Registration of Clubs (Northern Ireland) Order 1996 by providing for the making of objections to certain applications under the said Orders.

(1)

S.I. 1980/397 (N.I. 3)

(2)

S.I. 1996/3158 (N.I. 22)

(3)

S.I. 1996/3159 (N.I. 23)

(4)

S.R. 1981 No. 225

(5)

S.I. 1996/3158 (N.I. 22)

(6)

S.I. 1996/3159 (N.I. 23)

(7)

S.I. 1992/235 (N.I. 3)

(8)

S.I. 1985/1208 (N.I. 15)