The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Form and duration of amusement permits N.I.

114.—(1) An amusement permit shall be in such form as may be prescribed by regulations and shall specify—

(a) the name and address of the holder of the permit;

(b) the address of premises for which it is granted;

(c) the kind of premises;

(d) the name and address of the owner of the premises;

(e) such other matters as may be so prescribed.

(2) Subject to Article 112(4) and to the succeeding provisions of this Article, an amusement permit shall, unless cancelled, remain in force from the date on which it is granted until the expiration of a period of 12 months beginning with the first day of the month in which it is granted.

(3) Where a district council grants an amusement permit subject to a condition specified in Article 111(6) and the applicant for the grant appeals against the imposition of the condition—

(a) until the expiry of the time for bringing an appeal and, if an appeal is brought, until the appeal is disposed of or abandoned, the permit granted shall not come into force;

(b) if on appeal the condition is confirmed or varied or if the appeal is abandoned, for the purpose of determining the period for which the permit is to be in force the date when the appeal is disposed of or abandoned shall be substituted for the date on which the permit was granted and the district council shall (if necessary) amend the permit accordingly.

(4) Where an amusement permit granted conditionally is at any time declared unconditional paragraph (2) shall apply as if the permit were granted at that time.

(5) Where an amusement permit granted provisionally is at any time declared final paragraphs (2) and (3) shall apply as if the permit were granted at that time.

(6) Paragraph (2) shall not prejudice the operation of Article 116 under which an amusement permit may continue in force after the time when it would otherwise expire.

(7) Where at any time—

(a) the holder of an amusement permit dies or is adjudged bankrupt, or his business becomes vested in the official assignee (whether before or after his death) without his being so adjudged F1 ... or a receiver of his property or a committee or guardian is appointed with power to manage the business; or

(b) in the case of a body corporate, a winding-up is commenced or a receiver is appointed as aforesaid;

except for the purposes of the renewal of the amusement permit, the personal representative or, as the case requires, the assignees or trustee in bankruptcy, official assignee, F2 ... receiver, committee, guardian or liquidator shall be deemed to be the holder of the amusement permit and—

(i) subject to sub-paragraph (ii), the amusement permit shall, where it would otherwise expire under this Article or under Article 117 continue in force until the end of a period of 6 months from that time, unless cancelled;

(ii) a district council may, on the application of the person deemed to be the holder of the amusement permit, extend the period for which that permit continues to be in force by virtue of this paragraph if it is satisfied that no circumstances make it undesirable.

(8) Where the holder of an amusement permit dies and he has no personal representative or his personal representative is unwilling or unable to act, the permit shall, unless cancelled, continue in force for the benefit of any person entitled in consequence of his death to a beneficial interest in the business carried on under the permit until—

(a) the expiration of a period of 2 months from the date of his death, or

(b) paragraph (7) becomes applicable by reason of the appointment of a personal representative,

whichever first occurs.

(9) The authority conferred on any person by virtue of paragraph (7) or (8) to carry on a business under an amusement permit shall be suspended on the expiration of the period of 2 weeks from the date when he commenced to carry on that business unless during that period he has served notice that he is carrying on the business by virtue of that paragraph (and, if he is carrying it on by virtue of paragraph (7), the capacity in which he is doing so) upon—

(a) the district council for the district, and

(b) the sub-divisional commander of the police sub-division,

in which the premises in which the business authorised by the amusement permit is conducted are situated; but the authority, if so suspended, shall revive upon the service of such a notice.

[F3 (10) Where an application for the grant of an amusement permit for the purposes of Article 108(1)(ca) is made in respect of premises in respect of which there is in force an amusement permit expressed to be granted for the purposes of Article 108(1)(c), that permit shall remain in force, notwithstanding the expiration of the period of 12 months beginning with the first day of the month on which it was granted, until the district council grants or refuses to grant an amusement permit for the purposes of Article 108(1)(ca) in respect of those premises.

(11) Where an application for the grant of an amusement permit for the purposes of Article 108(1)(ca) is made in respect of premises in respect of which the applicant holds an amusement permit expressed to be granted for the purposes of Article 108(1)(c), that permit shall cease to have effect on the grant in respect of the premises to which the permit relates of an amusement permit expressed to be granted for the purposes of Article 108(1)(ca).

(12) Where an application for the grant of an amusement permit for the purposes of Article 108(1)(c) is made in respect of premises in respect of which the applicant holds an amusement permit expressed to be granted for the purposes of Article 108(1)(ca), that permit shall cease to have effect on the grant in respect of the premises to which the permit relates of an amusement permit expressed to be granted for the purposes of Article 108(1)(c).]

F1 Words in art. 114(7)(a) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2

F2 Words in art. 114(7) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), s. 28(2), Sch. 4; S.R. 2016/203, art. 2

F3 2004 NI 1