LICENSING ACT (NORTHERN IRELAND) 1971

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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 26



26.(1) Where by reason of any circumstance such as is mentioned in
paragraph 2(a)(i) or (iii) to (vi) of Schedule 2, the holder of a licence
which is in force for any premises (in this section referred to as "the
original premises") is unable to carry on business under the licence in the
premises, a court of summary jurisdiction may, on an application duly made by
him, make an order authorising the continuance of the business in

(a)temporary premises erected or to be erected wholly or partly within the
curtilage, or on the site, of the original premises; or

(b)other premises in the vicinity of the original premises or their site,

(2) A court shall not make an order under subsection (1) unless it is
satisfied

(a)that the premises in which the business is proposed to be carried on are
adequate for the conduct of the business and will continue to be adequate
during the period of the order; and

(b)that the applicant either

(i)proposes to resume business under the licence in the original premises
within a reasonable period (if section 32 does not apply), or

(ii)has made an application for a new licence for those or other premises, or
proposes to do so within a reasonable period.

(3) An application under this section shall be made to a court of summary
jurisdiction for the petty sessions district in which the premises in which
the business is sought to be continued are situated.

(4) The procedure for applications for orders under subsection (1) is set out
in Schedule 6.

(5) Where an order has been made under subsection (1), a court of summary
jurisdiction may, on application by the holder of the licence, make such
further order or orders under that subsection as it thinks fit.

(6) The temporary continuance of a business under this section shall cease

(a)at the end of the period specified in an order or a further order made
under subsection (1); or

(b)when the holder of the licence resumes the business in the original
premises or premises for which a new licence is granted,

(7) Where under this section a court authorises the temporary continuance of a
business in any premises

(a)those premises shall be deemed to be the licensed premises;

(b)for the purposes of the renewal of the licence section 12(2)(b) shall have
effect as if sub-paragraph (ii) were omitted.

Occasional licences.

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Northern Irish Legislation

LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 26