Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (repealed)

PART II F1 F5 F6 N.I. TRANSFERRED EXCISE LICENCES—GENERAL PROVISIONS

F1 1957 c.19 (NI)

F5 1957 c.19 (NI)

F6 Functions transferred SR 1999/481

9 Transferred excise licences. N.I.

(1) A transferred excise licence shall be in such form and contain such particulars as the Ministry may direct and may be issued by the Ministry, or by any person authorised in that behalf by the Ministry, on payment of the appropriate duty to the Ministry or to such authorised person.

(2) Where under this Act a transferred excise licence is required by the licensee for using or keeping or having in his possession or custody any article (including any animal or thing whatsoever), such licence may extend to more than one such article so long as the duty paid for that licence is the aggregate of the amounts which would be paid as duty if separate licences were issued for each article.

(3) A transferred excise licence for the carrying on of a trade shall be issued in respect of one set of premises only, and separate licences for the same trade may be issued to the same person in respect of each of two or more sets of premises so long as duty at the full rate is paid on each separate licence.

(4) A transferred excise licence may be issued to a partnership firm or to an incorporated body.

(5) Where a trade for the carrying on of which a transferred excise licence is required is carried on at any set of premises by two or more persons in partnership, not more than one licence shall be required to be taken out by those persons in respect of those premises in any one licence year.

(6) Without prejudice to any other requirement as to the production of licences contained in this Act, if any person who is the holder of a transferred excise licence to carry on any trade fails to produce his licence for examination within three days after being so requested by an authorised officer, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £20.

10 Payment for transferred excise licences by cheque. N.I.

F2 (1) The Ministry may, if it considers fit, issue a transferred excise licence upon receipt of a cheque for the amount of duty payable thereon.

(2) Where a transferred excise licence is issued to any person upon receipt of a cheque and the cheque is subsequently dishonoured, the licence shall be void as from the date of its issue and the Ministry shall send to that person, by registered letter or the recorded delivery service, addressed to him at the address given by him when applying for the licence, a notice requiring him to deliver up the licence within seven days from the date when the notice was posted, and, if that person fails to do so, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding, in the case of a gaming machine licence, £500 or, in any other case, £50.

F2 1972 c.10 (NI)

11 Transfer and removal of transferred excise trades and licences. N.I.

(1) Subject to any provision of this Act, where a holder of a transferred excise licence to carry on any trade dies or where the holder of such a licence in respect of any premises specified therein leaves those premises, the Ministry may transfer that licence in such manner as it considers fit, without any additional payment, to some other person for the remainder of the period for which the licence was issued.

(2) Subject to any such provision as aforesaid, where any person who holds a transferred excise licence in respect of any premises removes his trade to other premises at which it may be lawfully carried on, the Ministry may authorise in such manner as it considers fit the carrying on, without any additional payment, of that trade at those other premises for the remainder of the period for which the licence was issued.

(3) Nothing in this section shall affect the provisions of section 6 of the Pawnbrokers Act (Northern Ireland) 1954 [1954 c.30] .

12 Saving for statutory requirements for issue, transfer and removal. N.I.

F3 Notwithstanding any other provision of this Act, where by this Act or by any other enactment the authorisation of any court or other authority or the production of any certificate is required for the issue or transfer of a transferred excise licence, or for the removal of the trade authorised by a transferred excise licence, that licence shall not be issued or transferred, nor shall the removal of that trade be authorised by the Ministry, unless it is shown to the satisfaction of the Ministry that the required authorisation or certificate has been duly granted.

F3 1972 c.10 (NI)

13 Records of transferred excise licences, inspection, etc. N.I.

(1) F4 The Ministry shall keep such records as it shall consider fit showing the names and addresses of persons to whom transferred excise licences have been issued.

(2) Any person having in force a licence under Part IV may, on payment of such fee as may be fixed in that behalf by the Ministry, inspect during normal office hours that part of the record kept by the Ministry which shows the names and addresses of persons to whom transferred excise licences have been issued under that Part.

(3) The Ministry may, if it considers fit, publish in any one or more newspapers or otherwise a list of the names, addresses and other particulars of the persons to whom any transferred excise licences have been issued.

F4 1972 c.10 (NI)

14 Issue and duration of transferred excise licences. N.I.

(1) Except where any provision of this Act or of any other enactment specifically provides to the contrary, transferred excise licences shall—

(a) not be issued upon payment of a less sum than the appropriate duty for a full year;

(b) come into force upon the date specified in the licence as the date of the coming into force thereof or, if such a date is not so specified, upon such date as the Ministry may direct;

(c) not be transferable; and

(d) not be issued for a longer period than one year.

(2) Notwithstanding anything contained in subsection (1)( b), it shall not be a defence to any prosecution for an offence under section 29 for the person charged to produce a licence obtained subsequent to the commission of the offence.

15 Power to require transferred excise trader to display sign. N.I.

(1) Regulations made by the Ministry may require any person holding a transferred excise licence authorising him to carry on a trade to affix to and maintain at the premises specified in his licence, in such form and manner and containing such particulars as may be specified in the regulations, a notification of the person to whom, and the purpose for which, the licence is issued.

(2) Any person who acts in contravention of any of the provisions of any regulations made under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £25.

(3) If any person not duly licensed to carry on a trade for which a transferred excise licence is required affixes to any premises any sign or notice purporting to show that he is so licensed, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £25.

(4) The provisions of this section shall have effect in addition to and not in derogation of any other provision requiring any person carrying on a trade to display a sign or keep his name over his premises.