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5. The applicant may only apply to the Executive pursuant to paragraph 2, where—
(a)the applicant has notified the Executive that the separation distances which would be required by regulation 27 and Schedule 5 could not be complied with; or
(b)the application does not relate to the storage of pyrotechnic articles at any site where those articles are to be offered for sale and the applicant has already been granted a licence by the Executive under paragraph 1 which relates to another site.
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