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

Provisional grant of bingo club licences N.I.

65.—(1) Where premises are about to be constructed, altered or extended or are in the course of construction, alteration or extension, an application may be made to a court of summary jurisdiction for the provisional grant of a bingo club licence for those premises.

(2) An application for the provisional grant of a bingo club licence may be made by the person who proposes to be the owner of the bingo club to be carried on under the licence after it has been declared final under paragraph (7).

(3) The procedure for applications for the provisional grant of bingo club licences is set out in Part I of Schedule 9 as modified by Part II of that Schedule.

(4) For the purposes of the provisional grant of bingo club licences, Article 63 shall have effect as if—

(a) any reference in paragraphs (3) to (11) to the grant of a bingo club licence were a reference to the provisional grant of such a licence; and

(b) where the application relates to premises about to be constructed or in the course of construction, any reference in paragraphs (4)(g) to (i), (6) and (7) to the premises were a reference to the proposed premises and paragraph (4)(d) F1 . . . were omitted.

(5) A bingo club licence which is provisionally granted shall not authorise the holder of the licence to carry on a bingo club in the premises until the grant of the licence is declared final.

(6) At any time before a licence which has been provisionally granted is declared final, a court of summary jurisdiction may consent to any modification of the plans deposited under Part I of Schedule 9 as modified by Part II of that Schedule if, in its opinion, the premises, when completed in accordance with the modified plans, will be suitable to be licensed as a bingo club and, if it does so, shall require a copy of the modified plans to be deposited with the clerk of petty sessions.

(7) Where a bingo club licence has been granted provisionally for any premises, on the application of the holder of the licence, a court of summary jurisdiction shall, subject to paragraph (9), declare the grant of the licence final, if it is satisfied—

(a) that the premises have been completed in accordance with the plans deposited under Part I of Schedule 9 as modified by Part II of that Schedule or in accordance with those plans with modifications consented to under paragraph (6); and

(b) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The procedure for applications to have the provisional grant of bingo club licences declared final is set out in Part III of Schedule 9.

(9) A court of summary jurisdiction shall not entertain an application made under paragraph (7) after the expiration of 2 years from the date on which the licence was granted provisionally, unless the applicant satisfies the court that there were reasonable grounds for the failure to complete the construction, alteration or extension of the premises within that period.

(10) Where the provisional grant of a licence is declared final the clerk of petty sessions shall note the declaration on the licence.

F1 Words in art. 65(4)(b) repealed (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(2), Sch. 4 (with art. 62); S.R. 2010/328, art. 2

F2 Art. 65(7)(b) repealed (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(2), Sch. 4 (with art. 62); S.R. 2010/328, art. 2