LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 7 Provisional grant of licences.

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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 7

Provisional grant of licences.

7.(1) Where premises are about to be constructed, altered or extended or are
in the course of construction, alteration or extension, an application may be
made to a county court for the provisional grant of a licence for those
premises.

(2) An application for the provisional grant of a licence may be made by

(a)the person who proposes to be the owner of the business to be carried on
under the licence after it has been declared final under subsection (7); or

(b)a housing authority.

(3) The procedure for applications for the provisional grant of licences is
set out in Part I of Schedule 1 as modified by Part II of that Schedule.

(4) For the purposes of the provisional grant of licences section 5 shall have
effect as if

(a)any reference to the grant of a licence were a reference to the provisonal
grant of a licence;

(b)any reference to the premises for which a licence is sought included a
reference to proposed premises;

(c)the reference to the surrender of a subsisting licence before the licence
is issued were a reference to its surrender then or before the licence is
declared final;

(d)where the application is made by a housing authority, subsection (2)(a) of
that section were omitted.

(5) A licence which is provisionally granted shall not authorise the sale of
intoxicating liquor until the grant of the licence is declared final.

(6) At any time before a licence which has been provisionally granted is
declared final, a county court may consent to any modification of the plans
deposited under Schedule 1 if, in its opinion, the premises, when completed in
accordance with the modified plans, will be suitable to be licensed for the
sale of intoxicating liquor by retail and, if it does so, shall require a copy
of the modified plan to be deposited with the clerk of the court.

(7) Where a licence has been granted provisionally for any premises, a county
court

(a)where the licence was granted to a person such as is mentioned in
subsection (2)(a), on the application of the holder of the licence, or

(b)where the licence was granted to a housing authority, on the application of
a person nominated by the authority who proposes to be the owner of the
business to be carried on under the licence in the premises,

(i)that the premises have been completed in accordance with the plans
deposited under Schedule 1 or in accordance with those plans with
modifications consented to under subsection (6), and

(ii)where the application is made by a person nominated by a
housing authority, that that person is a fit person to hold a licence.

(8) The procedure for applications by persons such as are mentioned in
subsection (7)(b) to have the provisional grant of licences declared final is
set out in Part III of Schedule1.

(9) A county court shall not entertain an application made under subsection
(7) after the expiration of two years from the date on which the licence was
granted provisionally, unless the applicant satisfies the court that there
were reasonable grounds for the failure to complete the construction,
alteration or extension of the premises within that period.

(10) Where the provisional grant of a licence is declared final the [chief
clerk] shall note the declaration on the licence.

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Northern Irish Legislation

LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 7