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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 19

Powers of court on applications for transfer.

19.(1) Subject to subsection (2), where an application is made for the
transfer of a licence the court, after hearing the objections, if any, made
under Schedule 5,

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

(b)may refuse to transfer the licence.

(2) Without prejudice to its power to refuse to transfer a licence on any
ground, a court shall not transfer 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 subsection (3), 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,

(b)has not been discontinued.

(3) Subsection (2)(b) shall not apply to the transfer of a licence which is
provisionally granted.

(4) For the purposes of subsection (2)(b)(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.

(5) Where the licence is transferred, the clerk of petty sessions shall note
the transfer on the licence.

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

© 1971 Crown Copyright

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