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BETTING AND LOTTERIES ACT (NORTHERN IRELAND) 1957 - SECT 7

Grounds for refusal of certificate of suitability of premises.

7.(1) Subject to sub-section (2), an application for
a certificate of suitability of any premises shall be refused if it appears to
the court that

(a)the applicant is neither a licensed bookmaker nor a holder of
a certificate of character;

(b)the applicant is the holder of certificates of suitability in respect of
six other separate sets of premises;

(c)notices have not been given or published as required by sub-sections (2)
and (3) of section six;

(d)the applicant does not own the premises either in fee simple or for a term
of years of which at least twenty-one are unexpired at the date of the
application;

(e)the premises are in close proximity to a place of worship, a religious
institution, a school, or premises habitually used by members of a youth
organisation;

(f)the premises are a dwelling-house;

(g)the premises are in close proximity to premises known to be resorted to
habitually by persons of known bad character;

(h)there is already an adequate number of licensed offices in the locality in
which the premises, to which the application relates, are situate and for this
purpose an adequate number in any locality shall, unless the court is
satisfied that there are special circumstances, be the maximum number of
licensed offices in that locality in respect of which certificates of
suitability have at any time been granted under section six as limited by
sub-section (4) of that section;

(i)the premises form part of premises licensed for the sale of intoxicating
liquor;

(j)the net annual value of the premises is, where the premises are situate in
the County Borough of Belfast, less than [two hundred and fifty pounds], and
where the premises are situate elsewhere, less than [two hundred pounds];

(k)the premises communicate internally with other premises;

Subs.(2)(3) spent

(4) Before granting a certificate of suitability of any premises not used
before the commencement of this Part as bookmaking offices the court shall
take into account any representations which may by made to it by or on behalf
of persons residing in the vicinity of the premises in respect of which the
certificate is sought, and, if it appears to the court that by reason of such
representations it is undesirable that such certificate should be granted, the
court may refuse to grant the certificate.

(5) A person aggrieved by the decision of the court may appeal against such
decision to a court of quarter sessions in the manner provided by Part VI of
the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935,
and the decision of such court of quarter sessions shall be final.

(6) Where an individual desires to obtain a certificate of suitability of
premises which are not separately valued under the Valuation Acts he may apply
to the Commissioner of Valuation for a certificate certifying the net annual
value which would have been placed on such premises if such premises had been
separately valued as aforesaid and the amount so certified shall be taken to
be the net annual value of the premises for the purposes of this section.

© 1957 Crown Copyright

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