LICENSING ACT (NORTHERN IRELAND) 1971

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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 23



23.(1) A person who proposes to apply for the transfer of a licence or for the
concurrent transfer and renewal of a licence may apply to a court of summary
jurisdiction for an order (in this Act referred to as a "protection order")
authorising him to carry on business under the licence until an application
for the transfer, or transfer and renewal, of the licence can be brought
before a court.

(2) Where the holder of a licence dies and he has no personal representative
or his personal representative is unwilling or unable to act, a person who is
entitled in consequence of the holder's death to a beneficial interest in the
business may apply to a court of summary jurisdiction for a protection order.

(3) Where the holder of a licence has become incapable through illness or
other infirmity of carrying on the business authorised by the licence, a
person who proposes to carry on the business on his behalf may apply to a
court of summary jurisdiction for a protection order.

(4) The procedure for applications for protection orders is set out in
Schedule 6.

(5) Where an application is made for a protection order the court, if it is
satisfied

(a)that the application was duly made; and

(b)that the applicant is, or that there are reasonable grounds for believing
that he may be, a person or one of several persons to whom it could transfer
the licence or a person such as is mentioned in subsection (2) or (3),

(6) The authority conferred by a protection order in respect of any premises
shall be the same as that conferred by the licence in force (or last in force)
for those premises, and, while the order is in force, the provisions of
this Act (other than those relating to the renewal or transfer of licences and
the foregoing provisions of this section) shall apply as if the person to whom
the order is granted were the holder of that licence.

(7) Without prejudice to the generality of subsection (6), a protection order
may be suspended as if it were a licence and shall be deemed to be suspended
during any period when the licence is suspended.

(8) A licence in connection with which a protection order is in force shall be
deemed to continue in force for such period as the protection order remains in
force.

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Northern Irish Legislation

LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 23