LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 12 Powers of court hearing applications for renewal.

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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 12

Powers of court hearing applications for renewal.

12.(1) Subject to subsection (2), where an application for the renewal of a
licence is made to a court of summary jurisdiction, the court, after hearing
the objections, if any, made under Schedule 4,

(a)if the application was duly made, may renew the licence, or

(b)may refuse to renew the licence.

(2) Without prejudice to its power to refuse to renew a licence on any ground,
a court shall not renew a licence for any premises unless it is satisfied

(a)that the applicant is a fit person to hold a licence; and

(b)subject to section 14(2),

(i)that the kind of premises specified in the application is that for which
the licence was granted and the premises are of the kind so specified; and

(ii)either that the premises are suitable to be licensed for the sale of
intoxicating liquor by retail or, if they are not suitable, that they will be
made suitable in consequence of an order under subsection (4); and

(c)that, having regard to the manner in which the business carried on in the
premises under the licence has been conducted since the last previous renewal
of the licence (or, where the renewal applied for is the first renewal of the
licence, since the licence was granted), it is likely that, if the licence is
renewed, the business will be conducted in a peaceable and orderly manner; and

(d)subject to section 14(2), that

(i)the business carried on in the premises under the licence, and

(ii)in the case of premises of a kind mentioned in section 3(1)(c) to (g)
other than an hotel in respect of which the note and record mentioned in
paragraph 7 of Schedule 11 have been made, the business to which the sale of
intoxicating liquor under the licence is ancillary,

(d)has not been discontinued.

(3) For the purposes of subsection (2)(d)(i) a business shall be deemed not to
have been discontinued if its conduct has been interrupted by reason only of
the suspension of the licence.

(4) Section 6 shall apply on the renewal of a licence as it applies on the
grant of a licence with the substitution

(a)for any reference to the court granting a licence of a reference to a court
renewing a licence; and

(b)for the reference in subsection (2) to the person whose name has been
notified to the court as the owner of the premises of a reference to the
person whose name is recorded in the register of licences as the owner of the
premises.

(5) Where the court refuses to renew a licence, it shall specify in its order
the reasons for its refusal.

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Northern Irish Legislation

LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 12