6. It shall be unlawful for any person to—
(a)carry on business or act as a bookmaker, or
(b)hold himself out or represent himself to be a bookmaker,
unless he holds a bookmaker's licence authorising him to do so and any person acting in contravention of this Article shall be guilty of an offence.
7.—(1) The person to whom a bookmaker's licence is granted shall be the owner of the business proposed to be carried on under the licence.
(2) A bookmaker's licence may be granted to an individual, to a body corporate or to 2 or more persons carrying on business in partnership.
(3) In considering the fitness of a person to hold a bookmaker's licence, a court shall have regard to the character, reputation and financial standing—
(a)of the applicant; and
(b)of any other person by whom the business which is or is proposed to be carried on under the licence would be managed, or for whose benefit that business would be carried on;
but may also take into consideration any other circumstances appearing to it to be relevant in determining whether the applicant is likely to be capable of, and diligent in, securing that the provisions of this Part will be complied with.
(4) In considering the fitness of a body corporate to hold a bookmaker's licence, a court shall also have regard to the character, reputation and financial standing of the directors of the body corporate and any other persons who have executive control of it or who have a financial interest in it, as if the licence were, or were proposed to be, held by them jointly.
[F1(4A) In considering the fitness of any applicant to hold a bookmaker's licence, the court shall have regard to—
(a)any failure of the applicant or of any other person mentioned in paragraph (3)(b); and
(b)where the applicant is a body corporate, any failure of any director of the applicant or of any other person mentioned in paragraph (4);
to pay any amount due from him or it by way of general betting duty or pool betting duty.]
(5) Subject to paragraphs (6) and (7), the following persons shall be disqualified for obtaining or holding a bookmaker's licence—
(a)a person under the age of 21;
(b)a person who does not ordinarily reside in Northern Ireland;
(c)a person who has ordinarily resided in Northern Ireland for less than 12 months before making an application for the grant of a bookmaker's licence;
(d)a body corporate which is not registered under the Companies Acts (Northern Ireland) 1960 to 1983 or which is not an existing company within the meaning of those Acts.
(6) For the purposes of paragraph (5) any reference to a person, where that person is a body corporate, shall be construed as a reference to the directors of that body corporate.
(7) The holder of a bookmaker's licence issued under the Betting Act 1931, passed by the legislature of the Republic of Ireland, and for the time being in force shall not be disqualified under paragraph (5)(b) or (c) for holding or obtaining a bookmaker's licence; so, however, that such a person who would, but for this paragraph have been disqualified for obtaining or holding a bookmaker's licence, shall not be regarded as a licensed bookmaker for the purposes of Article 12(4)(b).
(8) A bookmaker's licence purporting to be held by any person
(a)who is disqualified by paragraph (5) for holding or obtaining such a licence, or
(b)in respect of whom there is in force a disqualification order under Article 30 or 53,
is void.
8.—(1) An application for the grant of a bookmaker's licence shall be made to a court of summary jurisdiction.
(2) The procedure for applications for the grant of bookmakers' licences is set out in Schedule 1.
(3) On an application for the grant of a bookmaker's licence the court shall hear the objections, if any, made under Schedule 1.
(4) A court shall, subject to paragraph (5), refuse an application for the grant of a bookmaker's licence unless it is satisfied—
(a)that the procedure relating to the application set out in Schedule 1 has been complied with; and
(b)that the applicant is a fit person to hold a bookmaker's licence; and
(c)that the applicant is not a person in respect of whom a disqualification order under Article 30 or 53 is in force; and
(d)that the applicant has not been refused the grant or renewal of a bookmaker's licence on the ground mentioned in sub-paragraph (b) or (e)[F2 or in Article 17(2)(d)] within the immediately preceding 12 months; and
(e)that the applicant will not allow the business proposed to be carried on under the bookmaker's licence to be managed by, or carried on for the benefit of, a person other than the applicant who would himself be refused the grant of a bookmaker's licence.
(5) A court may grant a bookmaker's licence notwithstanding that the procedure relating to the application set out in Schedule 1 has not been complied with if, having regard to the circumstances, it is reasonable to do so.
(6) A court may refuse an application for the grant of a bookmaker's licence if it is satisfied that the applicant has been convicted of an offence under this Part[F3 or Chapter III of Part III] or Part I of the [1957 c. 19 (N.I.)] Betting and Lotteries Act (Northern Ireland) 1957.
(7) Where the court refuses an application for the grant of a bookmaker's licence, it shall specify in its order the reasons for its refusal.