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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 87

1948 c.4

87.(1) This Act may be cited as the Licensing Act (Northern Ireland) 1971.

(2)(3) Commencement

1. A person who intends to make an application for the grant of a licence
shall

(a)not more than six weeks nor less than two weeks before the time of the
opening of the court sittings at which the application is to be made, cause
notice of the application to be published at least once in two newspapers
circulating in the vicinity of the premises for which the licence is to be
sought;

(b)not less than three weeks before that time, serve notice of the application
upon the [chief clerk] and at the same time serve a copy of the notice upon
the divisional commander of the police division in which the premises are
situated, and also, where the applicant resides in some other police division,
upon the divisional commander of that division.

2. The notices mentioned in paragraph 1 shall specify the kind of premises for
which the licence is sought and the name and address of the owner of the
premises and shall be in such form and, without prejudice to paragraph 3,
shall contain such other information as may be prescribed by county court
rules.

3.(1) The applicant shall attach to

(a)the notice mentioned in paragraph 1(b), and

(b)the copy of that notice which is served upon the divisional commander of
the police division in which the premises are situated,

(2) The plan mentioned in sub-paragraph (1) shall clearly delineate by
appropriate colourings or markings and a legend or key thereto

(a)except in the case of an hotel, the part or parts of the premises in which
intoxicating liquor is to be sold;

(b)in the case of an hotel, any public or common part or parts of the premises
in which intoxicating liquor is to be sold, any part of the hotel which is set
apart for the service of main table meals or for the service of
intoxicating liquor and other beverages to diners before or after such meals
being clearly distinguished; and

(c)where the subsisting licence, if any, proposed to be surrendered under
section 5(2)(c)(ii) is for premises which are or are to be extended, used or
demolished as mentioned in paragraph 2(a)(iv) to (vi) of Schedule 2, the
extent of those premises.

4. A divisional commander upon whom notice is required by paragraph 1(b) to be
served (or any other member of the Royal Ulster Constabulary, not below the
rank of sergeant, nominated by him), the local body or any person owning, or
residing or carrying on business in, premises in the vicinity of the premises
for which the licence is sought shall be entitled to appear at the hearing of
the application and to object to the grant of the licence on any of the
following grounds

(a)that the applicant is not a fit person to hold a licence; or

(b)that the premises are not of the kind specified in the notice or are not
suitable to be licensed for the sale of intoxicating liquor by retail; or

(c)where the premises are of a kind mentioned in section 3(1)(a) or (b) and
section 5(3) [or paragraph 6 of Schedule 3] does not apply, that the number of
licensed premises of that kind in the vicinity of the premises for which the
licence is sought is, or having regard to any licences provisionally granted
under section 7 or any sites approved under section 8 will be, adequate.

5. Any person having an estate in the premises specified in any subsisting
licence which is proposed to be surrendered under section 5(2)(c)(ii) shall
also be entitled to appear at the hearing of the application and to object to
the surrender of that licence.

6. A person intending to object under paragraph 4 or 5 shall, not less than
one week before the time mentioned in paragraph 1(a),

(a)serve upon the applicant notice of his intention to object, briefly stating
his grounds for so doing;

(b)serve a copy of the notice upon

(i)the [chief clerk]; and

(ii)where the person intending to object is not a member of the Royal Ulster
Constabulary, the divisional commander of the police division in which the
premises are situated.

7. Part I shall apply for the purposes of an application for the provisional
grant of a licence subject to the following modifications

(a)for any reference to the grant of a licence there shall be substituted a
reference to the provisional grant of a licence;

(b)where the application relates to premises about to be constructed, or in
the course of construction, for any reference to the vicinity or the
police division in which the premises are situated there shall be substituted
a reference to the vicinity or the police division in which the premises are
to be situated;

(c)for any reference to a plan of the premises there shall be substituted a
reference to a plan of the premises as they will be when their construction,
alteration or extension has been completed;

(d)in paragraph 4, in sub-paragraph (b), after the words "are not" in both
places where they occur there shall be inserted the words "or will not be",
and in sub-paragraph (c), after the word "premises" in the first and third
places where it occurs there shall be inserted the words "or proposed
premises";

(e)in paragraphs 3(2)(c) and 5, the references to section 5(2)(c)(ii) shall
include references to section 7(4)(c).

8. Where an application for the provisional grant of a licence is made by a
housing authority, paragraphs 1 and 4 shall have effect subject to the
following additional modifications

(a)in paragraph 1(b), the words from "and also" onwards shall be omitted;

(b)in paragraph 4, sub-paragraph (a) shall be omitted.

9. Where a licence has been provisionally granted to a housing authority and
an application to have the grant of the licence declared final is intended to
be made by a person nominated by the authority who proposes to be the owner of
the business to be carried on under the licence, that person shall, not less
than three weeks before the time of the opening of the court sittings at which
the application is to be made, serve notice of the application upon the [chief
clerk] and at the same time serve a copy of the notice upon the
divisional commander of the police division in which the premises for which
the licence was provisionally granted are situated, and also, where the
applicant resides in some other police division, upon the divisional commander
of that division.

10. The notice mentioned in paragraph 9 shall be in such form and shall
contain such information as may be prescribed by county court rules.

11. A divisional commander upon whom notice is required by paragraph 9 to be
served (or any other member of the Royal Ulster Constabulary, not below the
rank of sergeant, nominated by him) shall be entitled to appear at the hearing
of the application and object to the grant of the licence being declared final
on the ground that the applicant is not a fit person to hold a licence.

12. A person intending to object under paragraph 11 shall, not less than one
week before the time mentioned in paragraph 9,

(a)serve upon the applicant notice of his intention to object;

(b)serve a copy of the notice upon the [chief clerk].

13. Before or at the hearing of the application to have the provisional grant
of a licence declared final, the applicant shall deposit the licence with the
[chief clerk].

1. A licence shall be treated as a subsisting licence only if

(a)except in the circumstances mentioned in paragraph 2 or 3, the business
authorised by the licence has been regularly carried on throughout, or for a
substantial part of, the year immediately preceding the date of its surrender
or, where the licence has not been in force for a year, the period from the
date when it was granted to the date of its surrender;

Sub-para.(b) rep. by 1976 NI 25 art.80(4) sch.6 Pt.II

2. Notwithstanding anything in paragraph 1(a), a licence shall be treated as a
subsisting licence if

(a)the premises specified in it

(i)have, by reason of fire, tempest, or other unforeseen and unavoidable
calamity, become incapable of being used for the business carried on in them
under the licence; or

(ii)have ceased or are likely to cease, by reason of the termination of a
tenancy or an alteration in the terms of a tenancy (whether under a lease or
otherwise), to be available for the business carried on in them under the
licence; or

<(iii)have been or are likely to be acquired or demolished, either wholly or to a substantial extent, under any statutory provision; or


<(iv)have been or are to be extended to include other premises which are, or are to be constructed so as to be, contiguous to them; or


(v)are or are to be used for the purpose of the same business in conjunction
with other additional premises which are or are to be constructed adjacent to
them; or

<(vi)have been or are to be wholly or substantially demolished and new premises have been or are to be constructed wholly or partly within their curtilage; and


(b)where sub-paragraph (a)(iv), (v) or (vi) applies, the business carried on
under the licence has been interrupted for the purpose of enabling the
extension, demolition or construction to be carried out; and

(c)the application for the new licence has been made within a reasonable
period.

3. Notwithstanding anything in paragraph 1(a), a licence shall be treated as a
subsisting licence if the business carried on under it has been interrupted by
reason only of the suspension of the licence.

1. In this Schedule

"approved sites" has the meaning assigned to it by paragraph 4(1);

"the area" means the area in which the sites are situated;

"declaration" means a declaration under paragraph 4;

"the Ministry" means the Ministry of Development;

"preferred applicant" has the meaning assigned to it by paragraph 9(2);

["proposed re-development area" means an area in respect of which a resolution
has been passed under section 8 of the Housing Act (Northern Ireland) 1956 or
an area declared to be a proposed re-development area under Article 47 of the
Housing (Northern Ireland) Order 1981;]

]"re-development area" means an area in respect of which a re-development
scheme has been approved by the Department of the Environment under Article 49
of the Housing (Northern Ireland) Order 1981.]

2.(1) A housing authority who propose to make an application for a declaration
with respect to any sites shall submit to the Ministry proposals as to the
number and situation of those sites and as to the kind of premises that may be
erected on those sites.

(2) Where the proposals relate to sites in a re-development area or
proposed re-development area, the number of sites shall not exceed the number
of licensed premises in the area at the time of the submission of the
re-development scheme.

(3) The Ministry may approve, with or without modification, proposals made to
it under sub-paragraph (1) and shall notify the housing authority accordingly.

(4) The housing authority may request the Ministry to approve modifications of
proposals which have been approved under this paragraph and the Ministry may
approve the modifications.

3.(1) A housing authority who intend to make an application for a declaration
shall

(a)not more than six weeks nor less than two weeks before the time of the
opening of the court sittings at which the application is to be made cause
notice of the application to be published at least once in two newspapers
circulating in the vicinity of the area;

(b)not less than three weeks before that time serve notice of the application
upon the [chief clerk] and at the same time serve a copy of the notice upon
the divisional commander of each police division in which the area, or any
part of it, is situated.

(2) The notices mentioned in sub-paragraph (1) shall be in such form and
contain such information as may be prescribed by county court rules.

(3) A divisional commander upon whom notice is required by sub-paragraph
(1)(b) to be served (or any other member of the Royal Ulster Constabulary, not
below the rank of sergeant, nominated by him), or any person owning, or
residing or carrying on business in, premises in the vicinity of the area,
shall be entitled to appear and object to the issue of a declaration with
respect to any site.

(4) A person intending to object under sub-paragraph (3) shall, not less than
one week before the time mentioned in sub-paragraph (1)(a),

(a)serve upon the housing authority notice of his intention to object, briefly
stating his grounds for so doing;

(b)serve a copy of the notice upon

(i)the [chief clerk]; and

(ii)where the person intending to object is not a member of the Royal Ulster
Constabulary, the divisional commander of each police division in which
the area, or any part of it, is situated.

(5) At the hearing of the application, the housing authority shall furnish
such further information as to the proposed development or re-development of
the area, in such detail, as the court may require.

4.(1) Where proposals made under paragraph 2 by a housing authority have been
approved by the Ministry, the county court on application made to it by that
housing authority under section 8(1) may, after hearing the objections, if
any, made under paragraph 3, issue a declaration that the court approves the
sites or any of them as sites for licensed premises of a kind or kinds
specified in the declaration (in this Schedule referred to as the "approved
sites").

(2) Where proposals approved under sub-paragraph (3) of paragraph 2 are
modified under sub-paragraph (4) thereof, the county court on the application
of the housing authority may make a fresh declaration.

(3) An application for a declaration may be made to the county court for any
division in which the area is wholly or partly situated.

5.(1) A declaration shall, subject to sub-paragraph (2), remain in force for
such period as is specified in the declaration or, where no period is so
specified, for a period of ten years from the date of the issue of the
declaration.

(2) At any time, whether before or after the expiration of the period for
which a declaration is in force, the county court, on application made to it
by the housing authority or by any person who has acquired a site specified in
the declaration, may, after hearing the objections, if any, made by virtue of
sub-paragraph (3), order

(a)where the application is made by the housing authority, that the
declaration shall continue to be in force in relation to all the sites
specified in the declaration or to such of those sites as the court thinks
fit; or

(b)where the application is made by a person who has acquired an estate in a
site specified in the declaration, that the declaration shall continue to be
in force in relation to that site,

(3) The provisions of paragraph 3 shall have effect in connection with
applications for orders under sub-paragraph (2) with the substitution for any
reference to a declaration of a reference to such an order and as if any
reference to a housing authority included a reference to a person who has
acquired an estate in a site with respect to which an application under
sub-paragraph (2) is proposed to be made.

6. ... where a declaration is in force approving any site as a site for
licensed premises of a kind mentioned in section 3(1)(a) of (b) and an
application is made for the grant or provisional grant of a licence for
premises of that kind which have been, or are proposed to be, erected on that
site, section 5(2)(c)(i) shall not apply.

7. This Part applies where sites in a re-development area or
proposed re-development area have been approved under paragraph 4(1).

8. The housing authority may dispose of

(a)the approved sites; or

(b)premises erected on the approved sites,

9.(1) The housing authority shall serve on every person who has been, or in
the opinion of the housing authority will be, dispossessed of a licence in
consequence, whether directly or indirectly, of the acquisition by the
housing authority of the premises to which the licence relates or of the
carrying out of the re-development scheme, or, where any such person has died,
on his personal representative or on any other person who is entitled in
consequence of his death to a beneficial interest in the business carried on
in the licensed premises, a notice

(a)describing the approved sites and referring to the declaration by which
they were approved;

(b)stating whether or not the authority propose to erect premises on the
sites;

(c)inviting offers in writing from those persons for the purchase or, if the
housing authority think fit, the lease of any of those sites or premises;

(d)specifying the period (not being less than two months from the date on
which the notice is served) within which offers may be made.

(2) A person entitled to receive a notice under sub-paragraph (1) is in this
Schedule referred to as a "preferred applicant".

(3) After the expiration of the period during which offers may be made as
mentioned in sub-paragraph (1)(d), the housing authority may, with the
approval of the Ministry, dispose of a site or premises on that site to any
preferred applicant who has made an offer for that site or those premises
within that period.

(4) Without prejudice to its right to refuse its approval to the disposal
under this section of any approved site or premises, the Ministry shall

(a)refuse to approve the disposal of the site or premises to any
preferred applicant for a consideration which is less than the fair value
thereof;

(b)refuse to approve the disposal to a preferred applicant of a greater number
of sites or premises than the number of licensed premises in respect of which
he has been or will be dispossessed of licences in consequence, whether
directly or indirectly, of the acquisition of the licensed premises or the
carrying out of the re-development scheme.

10.(1) Where, after steps have been taken by a housing authority in accordance
with the provisions of paragraph 9, any sites or premises have not been
disposed of to preferred applicants, the housing authority shall cause to be
published in two successive weeks in at least one newspaper circulating in the
vicinity of those sites or premises a notice

(a)describing those sites or premises and referring to the declaration under
paragraph 4(1);

(b)inviting offers in writing for the purchase or, if the housing authority
think fit, the lease of any one of those sites or premises;

(c)specifying the period (not being less than two months from the date of the
last publication of the notice) within which offers may be made.

(2) After the expiration of the period during which offers may be made as
mentioned in sub-paragraph (1)(c), the housing authority may, with the
approval of the Ministry, dispose of the sites or premises to persons making
offers therefor within that period.

11. A contract for the acquisition from a housing authority of an estate in an
approved site or premises erected thereon may be subject to such conditions as
the housing authority, with the approval of the Ministry, may determine
including, but without prejudice to the generality of the foregoing words, a
condition that the contract shall be voidable at the option of the person
acquiring the estate if he does not for any reason, or within any period
specified in the contract, obtain the grant of a licence for premises on the
site or, as the case may be, for those premises.

12. Where a contract for the acquisition of an estate in an approved site or
in premises on such a site is terminated, the housing authority shall

(a)where the other party to the contract was a preferred applicant, dispose of
the site or premises in accordance with paragraph 9, or, if the site is, or
premises are, not disposed of in accordance with that paragraph, dispose of it
or them in accordance with paragraph 10;

(b)where the other party to the contract was not a preferred applicant,
dispose of the site or premises in accordance with paragraph 10.

13. Where a housing authority dispose of land within a re-development area to
any other housing authority, that other authority shall, in relation to the
land, have the like powers and be subject to the like duties as are imposed on
the first-mentioned authority by the foregoing provisions of this Schedule.

Part III rep. by 1976 NI 25 art.80(4) sch.6 Pt.II

15. Any expenses incurred or money receivable by a housing authority in the
exercise of their functions under any provision of this Act shall where they
are a body exercising functions under the Housing Acts (Northern Ireland) 1890
to 1971, be defrayed or dealt with as expenses incurred or, as the case may
be, money receivable in the exercise of their functions under those Acts.

16. Any increase attributable to any provision of this Act in sums which under
any other enactment are payable out of money provided by Parliament or charged
on and issued out of the Consolidated Fund may be defrayed in the same manner
as those sums are by that enactment authorised or required to be defrayed and
any provision of that enactment as to the borrowing of money for the purpose
of providing such sums shall apply accordingly.

2. The clerk of petty sessions for each petty sessions district shall, not
less than six weeks before the renewal date, cause notice of that date and of
the provisions of paragraph 6 to be published in two newspapers circulating in
that district.

3. A person who intends to make an application for the renewal of a licence
for any premises shall, not less than three weeks before the renewal date,
serve notice of the application upon the clerk of petty sessions for the petty
sessions district in which the premises are situated and at the same time
serve a copy of the notice upon the divisional commander of the
police division in which the premises are situated, and also, where the
applicant resides in some other police division, upon the divisional commander
of that division.

4. The notices mentioned in paragraph 3, shall specify the kind of premises
for which the renewal of the licence is sought and shall be in such form and
contain such other information as may be prescribed by magistrates' courts
rules.

5. A divisional commander upon whom notice is required by paragraph 3 to be
served (or any other member of the Royal Ulster Constabulary, not below the
rank of sergeant, nominated by him), the local body or any person owning, or
residing or carrying on business in, premises in the vicinity of the premises
for which the renewal of the licence is sought shall be entitled to appear at
the hearing of the application and to object to the renewal of the licence on
any of the following grounds

(a)that the applicant is not a fit person to hold a licence; or

(b)that

(i)the kind of premises specified in the notice is not that for which the
licence was granted or the premises are not of the kind so specified; or

(ii)the premises are not suitable to be licensed for the sale of
intoxicating liquor by retail; or

(c)that the business carried on in the premises under the licence has not been
conducted in a peaceable and orderly manner since the previous renewal of the
licence or, where the renewal applied for is the first renewal of the licence,
since the licence was granted; or

(d)that

(i)the business carried on in the premises under the licence, or

(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,

(d)has been discontinued.

6. A person intending to object under paragraph 5 shall, not less than one
week before the renewal date,

(a)serve upon the applicant notice of his intention to object, briefly stating
his grounds for so doing;

(b)serve a copy of the notice upon

(i)the clerk of petty sessions; and

(ii)where the person intending to object is not a member of the Royal Ulster
Constabulary, the divisional commander of the police division in which the
premises are situated.

7. Before the renewal date, the applicant shall deposit the licence with the
clerk of petty sessions.

8. Part I shall apply for the purposes of an application under section 13(1)
or 20(1) for the renewal of a licence, subject to the following modifications

(a)paragraphs 1 and 2 shall be omitted;

(b)in paragraphs 3, 6 and 7 for any reference to the renewal date there shall
be substituted a reference to the time of the court sitting at which the
application is to be made.

9. Where the application is made under section 20, the requirements of this
Schedule shall be taken to be satisfied if the notices mentioned in
paragraphs 3 and 6(a) were served by and upon either the holder of the licence
or the person who intends to make application for the transfer.

1. A person who intends to make an application for the transfer of a licence
shall

(a)not more than six weeks nor less than two weeks before the time of the
court sitting at which the application is to be made, cause notice of the
application to be published at least once in two newspapers circulating in the
vicinity of the premises for which the transfer is sought;

(b)not less than three weeks before that time, serve notice of the application
upon the clerk of petty sessions and at the same time serve a copy of the
notice upon the divisional commander of the police division in which the
premises are situated, and also, where the applicant resides in some other
police division, upon the divisional commander of that division.

2. The notices mentioned in paragraph 1, shall specify the kind of premises
for which the transfer of the licence is sought and shall be in such form and
contain such other information as may be prescribed by magistrates' courts
rules.

3. A divisional commander upon whom notice is required by paragraph 1(b) to be
served (or any other member of the Royal Ulster Constabulary, not below the
rank of sergeant, nominated by him), the local body or any person owning, or
residing or carrying on business in, premises in the vicinity of premises for
which the transfer of the licence is sought shall be entitled to appear at the
hearing of the application and to object to the transfer of the licence on
either of the following grounds

(a)that the applicant is not a fit person to hold a licence; or

(b)that

(i)the business carried on in the premises under the licence, or

(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 been discontinued.

4. A person intending to object under paragraph 3 shall, not less than one
week before the time mentioned in paragraph 1(a),

(a)serve upon the applicant notice of his intention to object, briefly stating
his grounds for so doing;

(b)serve a copy of the notice upon

(i)the clerk of petty sessions; and

(ii)where the person intending to object is not a member of the Royal Ulster
Constabulary, the divisional commander of the police division in which the
premises are situated.

5.(1) Before or at the hearing of the application for the transfer of a
licence, the applicant shall deposit the licence with the clerk of petty
sessions.

(2) Where the applicant has not possession of the licence and the court has
reason to believe that the licence is in the possession of some other person
the court may order that person to deposit it with the clerk within a period
specified in the order and if he contravenes the order without reasonable
excuse he shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding #5 for every day on which the contravention
is continued.

6. Part I shall apply for the purposes of an application for the transfer of a
licence provisionally granted subject to the following modifications

(a)where the application relates to a licence for premises about to be
constructed or in the course of construction, for any reference to the
vicinity or the police division in which the premises are situated there shall
be substituted a reference to the vicinity or the police division in which the
premises are to be situated;

(b)paragraph 3(b) shall be omitted.

1. In this Schedule "application" means an application for

(a)a protection order; or

(b)an order authorising the temporary continuance of a business in premises
other than those specified in a licence.

2. A person who intends to make an application shall, not less than four days
before the time of the court sitting at which the application is to be made,
serve notice of the application upon the clerk of petty sessions and at the
same time serve a copy of the notice upon the divisional commander of the
police division in which the premises to which the application relates are
situated.

3. The notice mentioned in paragraph 2 shall specify the kind of premises to
which the application relates and shall be in such form and, without prejudice
to paragraph 4, shall contain such other information as may be prescribed by
magistrates' courts rules.

4.(1) Where the application is for an order authorising the temporary
continuance of a business in any premises, the applicant shall attach to

(a)the notice mentioned in paragraph 2, and

(b)the copy of that notice which is served upon the divisional commander,

(2) The plan mentioned in sub-paragraph (1) shall clearly delineate by
appropriate colourings or markings and a legend or key thereto the part or
parts of the premises, or, in the case of an hotel, any public or common part
or parts of the premises, in which intoxicating liquor is to be sold.

5. The divisional commander upon whom notice is required by paragraph 2 to be
served (or any other member of the Royal Ulster Constabulary, not below the
rank of sergeant, nominated by him) shall be entitled to appear at the hearing
of the application and to object to the making of the protection order or, as
the case may be, the authorisation of the temporary continuance of the
business in the premises in question.

6. Where the court is satisfied that the applicant had reasonable cause for
failing to serve the notice required by paragraph 2 it may consider the
application, notwithstanding that the provisions of that paragraph have not
been complied with, if it is satisfied that the divisional commander does not
object, and such an application shall not, by reason only of that failure, be
treated as not having been duly made.

1. In this Schedule "licence" means an occasional licence.

2. A person who intends to make an application for the grant of a licence
shall, not less than four days before the time of the court sitting at which
the application is to be made, serve notice of the application upon the clerk
of petty sessions and at the same time serve a copy of the notice upon the
divisional commander for the police division in which the place or premises to
which the application relates is or are situated.

3. Where the local body or a person owning, or residing or carrying on
business in, premises in the vicinity of the place specified in an
occasional licence has served upon the divisional commander of the
police division in which that place is situated a caution stating that the
cautioner wishes to be heard by the court on the next following, if any,
application for an occasional licence in connection with a function to be held
at that place the divisional commander shall notify the cautioner of the
application and of the time and place of the hearing.

4. The notices mentioned in paragraph 2 and paragraph 3 shall be in such form
and shall contain such information as may be prescribed by magistrates' courts
rules.

5. The divisional commander upon whom notice is required by paragraph 2 to be
served (or any other member of the Royal Ulster Constabulary, not below the
rank of sergeant, nominated by him), and any cautioner who has been given
notice of the application under the provisions of paragraph 3, shall be
entitled to appear at the hearing of the application and to object to the
granting of the licence.

6. Where the court is satisfied that the applicant had reasonable cause for
failing to serve the notice required by paragraph 2 it may consider the
application, notwithstanding that the provisions of that paragraph have not
been complied with, if it is satisfied that the divisional commander and any
cautioner does not object, and such an application shall not, by reason only
of that failure, be treated as not having been duly made.

1. In this Part "application" means an application under section 31(1)(i).

2. A person who intends to make an application shall, not less than three
weeks before the time of the opening of the court sittings at which the
application is to be made, serve notice of the application upon the [chief
clerk] and at the same time serve a copy of the notice upon

(a)the divisional commander of the police division in which the premises are
situated; and

(b)the person whose name is recorded in the register of licences as the owner
of the premises.

3. The notice mentioned in paragraph 2 shall specify the kind of premises to
which the application relates and shall be in such form and, without prejudice
to paragraph 4, shall contain such other information as may be prescribed by
county court rules.

4. The applicant shall attach to

(a)the notice mentioned in paragraph 2, and

(b)the copy of that notice which is served upon the divisional commander,

5. The divisional commander upon whom notice is required by paragraph 2 to be
served (or any other member of the Royal Ulster Constabulary, not below the
rank of sergeant, nominated by him), or the person mentioned in
paragraph 2(b), shall be entitled to appear at the hearing of the application
and to object to the court's consenting to the alteration to which the
application relates.

6. A person intending to object under paragraph 5 shall, not less than one
week before the time mentioned in paragraph 2,

(a)serve upon the applicant notice of his intention to object, briefly stating
his grounds for so doing;

(b)serve a copy of the notice upon

(i)the [chief clerk]; and

(ii)where the person intending to object is not a member of the Royal Ulster
Constabulary, the divisional commander.

7. The notice shall specify the kind of premises to which it relates and shall
be in such form and, without prejudice to paragraph 8, shall contain such
other information as may be prescribed by magistrates' courts rules.

8.(1) The holder of the licence shall attach to the notice a plan of the
premises showing the proposed alterations.

(2) The alterations shown in the plan mentioned in sub-paragraph (1) shall be
authenticated by or on behalf of the authority in question in the manner
prescribed by magistrates' courts rules.

1. In this Schedule "licence" means an extension licence.

2. A person who intends to make an application for the grant of a licence
shall, not less than four days before the time when he wishes the application
to be considered, serve notice of the application upon the clerk of petty
sessions and at the same time serve a copy of the notice upon the
divisional commander of the police division in which the premises to which the
application relates are situated.

3. The notice mentioned in paragraph 2 shall be in such form and shall contain
such information as may be prescribed by magistrates' courts rules.

4. The divisional commander upon whom notice is required by paragraph 2 to be
served (or any other member of the Royal Ulster Constabulary, not below the
rank of sergeant, nominated by him) shall be entitled to appear at the hearing
of the application and to object to the granting of the licence.

5. A person intending to object under paragraph 4 shall, not later than such
time as may be specified in the notice as the time when the applicant wishes
the application to be considered, serve upon the applicant and the clerk of
petty sessions notice of his intention to object, briefly stating his grounds
for so doing.

6. Where the court or the clerk of petty sessions is satisfied that the
applicant had reasonable cause for failing to serve the notice required by
paragraph 2, the application may be considered notwithstanding that the
provisions of that paragraph have not been complied with, if the court or, as
the case may be, the clerk is satisfied that the divisional commander does not
object, and such an application shall not, by reason only of that failure, be
treated as not having been duly made.

Schedule 10Amendments

1. In this Schedule

"the commencement date" for the purposes of any provision of this Schedule
means the day appointed under section 87(2) for the coming into operation of
that provision;

"existing licence" means a licence granted under the Licensing Acts (Northern
Ireland) authorising the sale of intoxicating liquor, which was in force
immediately before the commencement date, but does not include a special
dealer's licence;

"Licensing Acts (Northern Ireland)" means the statutory provisions set out in
Schedule 12;

"off-licence" means a licence granted under the Licensing Acts (Northern
Ireland) authorising the sale by retail of intoxicating liquor for consumption
off the premises specified in the licence;

Definitions spent

2.(1) Where, immediately before the commencement date, the authority conferred
by an existing licence was limited to the sale of intoxicating liquor of a
particular kind or kinds, the licence shall, on and after that date, be
authority for the sale of intoxicating liquor of any kind.

(2) Where, immediately before the commencement date, more than one licence
limited as mentioned in sub-paragraph (1) was in force for any premises, both
or all those licences shall, on and after that date, be deemed to be a single
licence.

3.Sub-para.(1) spent

(2) Where, before the commencement date, notice of an application to a court
of summary jurisdiction for the grant of an off-licence has been published and
served under the Licensing Acts (Northern Ireland), the court may proceed to
hear the application and exercise any power which is exercisable by a county
court under this Act in relation to the grant of licences and the court may
treat the application as duly made notwithstanding that some provision of
Schedule 1 has not been complied with.

(3) Where a court of summary jurisdiction exercises the jurisdiction conferred
by sub-paragraph (2), the provisions of this Act and of county court rules
relating to the grant of licences (except any provision requiring the clerk of
the Crown and peace to send documents to the clerk of petty sessions) shall
have effect with any necessary modifications; and if the licence is granted it
shall be signed by the presiding resident magistrate, and section 38(1) shall
have effect accordingly.

Paras. 46 spent

7.(1) On the first occasion on which, after the commencement date, an
application is made for the renewal of an existing licence which was granted,
for premises that are specified in the application as being of a kind
mentioned in section 3(1)(c),

(a)before 31st July 1902 or

(b)between 30th July 1902 and the commencement date otherwise than under
section 2(2) of the Licensing (Ireland) Act 1902 or section 9(a)(ii) of the
Intoxicating Liquor Act (Northern Ireland) 1923,

Sub-para.(2) spent

Paras. 818 spent

19.(1) Where

(a)the divisional commander of any police division certifies that in
consequence of any occurrence in the course of civil unrest the
holder of a licence for premises in that division is unable to carry on
business under the licence in those premises; and

(b)immediately before the commencement date the holder is carrying on that
business in other premises,

(2) Where by virtue of sub-paragraph (1) an order is deemed to have been made
under section 26 a court may make a further order or orders by virtue of
subsection (5) of that section notwithstanding that the premises in which the
business is being carried on are not in the vicinity of the licensed premises
or their site.

Paras.20, 21 spent

Schedule 12Repeals

Sections 27(3), 86(1).Sections 49(2), 86(1).1902 c.18

1923 c.12

© 1971 Crown Copyright

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