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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 17

17.(1) A person shall not use any premises for

(a)the manufacture of ice-cream for the purpose of sale for human consumption;

(b)the storage of ice-cream intended for sale for human consumption;

(c)the sale of ice-cream for human consumption;

(2) A person who uses any premises in contravention of sub-section (1) shall
be guilty of an offence under this Act.

(3) An application for registration under this section in respect of any
premises shall

(a)be made by the person who proposes to use the premises;

(b)contain such information in relation to those premises as the [district
council] may require;

(c)where the application is in respect of premises not yet erected, or of
premises to be reconstructed, be accompanied by plans showing the proposed
works.

(4) Subject to the provisions of this section, the [district council] shall,
on an application for registration under this section being duly made by a
person in respect of any premises

(a)register those premises; and

(b)issue to that person, upon payment of a fee of [10p] or such other amount
as may be prescribed, a certificate of registration.

(5) Where an application is made for registration under this section, or where
premises are registered under this section, and it appears to the [district
council]

(a)that the requirements of regulations in force under section thirteen are
not complied with in connection with the business carried on at the registered
premises, or in connection with the registered premises, or, as the case may
be, in connection with the premises specified in the application; or

(b)that the premises or any part thereof are otherwise unsuitable (having
regard to considerations of hygiene and in particular to the situation,
construction or condition of the premises, or to any activities carried on
therein) for use for the purpose or purposes specified in the application, or
for which they are used, as the case may be;

(6) A [district council] shall not refuse, cancel or vary any registration
under this section unless

(a)they have served on the applicant or the occupier of the premises a notice
of their proposal so to do for reasons specified in the notice, stating the
place and time, not being less than twenty-one days after the date of the
service of the notice, at which they will take the matter into consideration,
and informing him that he may appear (and be represented, if he so desires, by
counsel or solicitor) before them, with any witnesses he desires to call, at
that place and time to show cause why the [council] should not proceed with
the proposal; and

(b)the applicant or occupier fails to show cause to their satisfaction.

(7) If

(a)the [district council] refuse, cancel or vary a registration under this
section; and

(b)the applicant or the occupier requests the [council] for a statement of the
reasons for their decision;

(8) A person aggrieved by a decision of a [district council] under this
section to refuse, cancel or vary any registration may appeal to a court of
summary jurisdiction, and any person aggrieved by the decision of that court
may appeal to the county court.

(9) A register kept by a [district council] under this section shall be open
to public inspection free of charge at all reasonable hours.

(10) The occupier of premises registered under this section shall keep the
certificate of registration fixed in a conspicuous place in those premises.

(11) Upon any change in the occupation of premises registered under this
section the incoming occupier shall, within fourteen days of that change, give
notice thereof to the [district council].

(12) Any person who fails to comply with the provisions of sub-section (10) or
sub-section (11) shall be guilty of an offence under this Act.

(13) Nothing in section fourteen shall apply in relation to any premises
registered under this section.

(14) Premises which, at the coming into operation of this section, are
registered in accordance with section four or section five of the Sale of
Ice-Cream Act (Northern Ireland), 1937, shall be deemed to be registered under
this section, and the provisions of this section shall have effect
accordingly.

© 1958 Crown Copyright

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