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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 40

Temporary ocupation of licensed premises for purpose of carrying on business.

40.(1) Where an estate in premises for which a licence is in force is acquired
(whether by agreement or otherwise) by an authority who have powers under any
enactment to acquire land compulsorily, the authority, without prejudice to
their powers under any enactment other than this section, may, for the purpose
of enabling the holder of the licence to carry on in those premises business
under the licence or any other business to which that business is ancillary
until actual possession of the premises is required by the authority, grant to
the holder of the licence a right to occupy the premises upon such terms and
subject to such conditions as the authority may determine and such right to
occupy may be granted so as to operate retrospectively from the date of the
acquisition of the premises.

(2) Until a right to occupy the premises is granted under subsection (1) by
the acquiring authority or, where the acquiring authority do not propose to
grant any such right, until such date as that authority may determine, the
holder of the licence shall be deemed for the purposes of section 2(3) to have
retained the estate which he held in those premises immediately before the
acquisition by the authority.

Subs.(3) rep. by 1976 NI 25 art.80(4) sch.6 Pt.II

(4) The expiration of any right to occupy granted under subsection (1) or of
any estate deemed to have been retained under subsection (2) shall not be
treated as an expiration of a tenancy for the purpose of paragraph 2(a)(ii) of
Schedule 2.

Prohibition of sale, etc., of intoxicating liquor outside permitted hours.

© 1971 Crown Copyright

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