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DOG RACES (RESTRICTION) ACT (NORTHERN IRELAND) 1946 - SECT 2

Licensing of certain dog racecourses.

2.(1) Subject to the provisions of this section the Minister may on
application being made to him in such form and manner as he may direct grant a
licence to any person authorising the holding of dog races or dog trials or
both by that person on any premises specified in the licence:

Provided that

(a)a licence granted under this section shall not authorise the holding of
dog races at any premises on more than one hundred and four days in any period
of twelve successive months or the holding on a Sunday, Christmas Day or Good
Friday of dog races or dog trials;

(b)a licence shall not be granted under this section where

(i)the applicant or, where the applicant is a corporate body, any director, or
manager, has been convicted of any offence under this Act or of any offence
involving fraud or dishonesty; or

(ii)compensation has at any time previously been paid by the Minister in
respect of those premises under section three of this Act; and

(c)a licence granted under this section shall not prejudice or affect the
operation of any other enactment or rule of law or of any order, rule,
regulation or bye-law under or by virtue of which any authority or person may
prohibit or restrict the use or development of any premises for or in
connection with the holding of dog races or dog trials.

(2) Subject to the provisions of this section a licence granted under this
section shall be in force only during such times and subject to such
conditions as the Minister may specify and different times and different
conditions may be specified in respect of different licences so however that
it shall be a condition of every licence that the holder thereof shall as far
as is practicable ensure that persons under the age of eighteen years shall
not during the holding of any dog race or dog trial be present on the premises
in respect of which the licence has been granted. Any person who commits any
breach or contravention of any condition imposed by any licence granted under
this section shall be guilty of an offence against this Act.

(3) An application for a licence under this section authorising the holding of
dog races at any premises which have not prior to the thirty-first day of
December, nineteen hundred and forty-five, been used to a substantial extent
as a dog racecourse shall not be entertained by the Minister unless at least
fourteen days before the date on which the application is made, the applicant
has given to the Minister notice in writing stating that it is intended to
make the application on that date and containing particulars of the name and
address of the applicant and a description of the situation of the premises
and has also published such a notice in at least two newspapers circulating in
the locality in which the premises are situate:

Provided that

(a)the notices to be given under this sub-section shall state the number and
position of the exits provided or intended to be provided and shall specify
the number of spectators for whom accommodation is provided or is intended to
be provided;

(b)the Minister may cause to be made such local inquiry or investigation as he
sees fit in relation to the application and for the purpose of any such
inquiry or investigation sections two hundred and ten, two hundred and twelve
and two hundred and thirteen of the Public Health (Ireland) Act, 1878, shall
apply as if they were in terms made applicable to those purposes; and

(c)where the Minister causes an inquiry to be made under paragraph (b) of this
sub-section the following persons, in addition to the applicant, shall
(without prejudice to the right of the person holding the inquiry to hear
evidence from any source he may think proper) be entitled to be heard in
person or by a representative, that is to say, the county inspector or, in the
case of a county borough, the city commissioner, or other officer in charge,
of police for the county or county borough in which the premises are situate,
any person owning or occupying property in the neighbourhood of the premises,
and the governing body of any school or institution of that neighbourhood.

(4) The Minister may at any time, after giving to the holder of the licence an
opportunity of being heard, revoke any licence granted by him under this
section

(a)if he is satisfied that there has been a breach or contravention of any of
the conditions to which the licence is subject or that the premises in respect
of which the licence has been granted are being conducted in a disorderly
manner or so as to cause a nuisance; or

(b)if in the case of a licence authorising the holding of dog races the
accommodation for spectators on the premises in respect of which the licence
has been granted has without the approval of the Minister been substantially
increased or the exits from those premises have been materially altered or
serious prejudice to the preservation of law and order has resulted or will
result therefrom; or

(c)if the holder of the licence or, where the holder is a corporate body, any
director or the manager thereof is convicted of any offence under this Act or
of any offence involving fraud or dishonesty:

Provided that where a licence is revoked under this section the Minister may
if he think fit at any time grant a new licence in respect of the same
premises either to the former holder of the revoked licence or to any other
person and such new licence may be made subject to the same conditions as the
revoked licence or subject to such further or other conditions as the Minister
may specify in the new licence.

(5) Where during the currency of a licence granted under this section the
holder of the licence assigns his interest in the premises to which the
licence relates or dies the Minister may by endorsement on such licence or
otherwise empower the assignee or, in the case of the death of the holder, his
personal representatives or his wife or child to hold the dog races or
dog trials, as the case may be, authorised by the licence during the residue
of the period for which the licence was originally granted.

S.3(1)(4) spent; subs.(5) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I;
subs.(6)(7) spent

© 1946 Crown Copyright

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