The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Grant of bingo club licences N.I.

63.—(1) An application for the grant of a bingo club licence shall be made to a court of summary jurisdiction.

(2) The procedure for applications for the grant of bingo club licences is set out in Schedule 9.

(3) On an application for the grant of a bingo club licence the court shall hear the objections, if any, made under Schedule 9.

(4) A court shall, subject to paragraphs (5) and (7), refuse an application for the grant of a bingo club licence unless it is satisfied—

(a) that the procedure relating to the application set out in Schedule 9 has been complied with; and

(b) that the applicant is a fit person to hold a bingo club licence; and

(c) that the applicant is not a person in respect of whom a disqualification order under Article 74 or 79 is in force; and

(d) that the premises are not premises in respect of which a disqualification order under Article 74 or 79 is in force; and

(e) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) that the applicant has not been refused the grant or renewal of a bingo club licence on the ground mentioned in sub-paragraph (b) or (i) within the immediately preceding 12 months; and

(g) that, having regard to the demand in the locality in which the premises to which the application relates are situated for gaming facilities afforded by bingo club premises, the number of such bingo club premises for the time being available (including any premises for which a licence is provisionally granted) to meet that demand is inadequate; and

(h) either—

(i) that there is in force planning permission to use the premises as a bingo club for the period during which the licence would be in force; or

(ii) that the premises may be used as such a club for that period without such permission; and

(i) that the applicant will not allow the bingo club premises to be managed by, or if a licence were granted, gaming to be organised for the benefit of, a person other than the applicant who would himself be refused the grant of a bingo club licence.

(5) A court may grant a bingo club licence notwithstanding that the procedure relating to the application set out in Schedule 9 has not been complied with if, having regard to the circumstances, it is reasonable to do so.

(6) A court may refuse an application for the grant of a bingo club licence if it is satisfied—

(a) that the premises are not suitable for use as bingo club premises; or

(b) that the applicant has been convicted of an offence under this Part.

(7) Paragraph (4)(g) shall not apply to an application for the grant of a bingo club licence in respect of premises which are on the site or in the vicinity of bingo club premises for which the applicant holds a bingo club licence and which—

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

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

(c) have been or, are likely to be, extended to include premises which are, or are to be constructed so as to be, contiguous to them; or

(d) are or are to be used for the purpose of the same bingo club in conjunction with additional premises which are or are to be constructed adjacent to it; or

(e) 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.

(8) A court which grants a bingo club licence may impose—

(a) restrictions limiting the gaming to a particular part or parts of the bingo club premises; and

(b) subject to Article 76(7) and (8)(d), such restrictions on the hours during which gaming will be permitted to take place on the bingo club premises as the court thinks necessary for the purpose of preventing disturbance or annoyance to the occupiers of other premises in the vicinity of the bingo club premises.

(9) Where a court grants a bingo club licence and the applicant for that licence has applied to the court for a direction specifying the number of gaming machines which may be made available for gaming on the bingo club premises in accordance with Article 108, the court shall give such a direction.

(10) Where the court refuses an application for the grant of a bingo club licence it shall specify in its order the reasons for its refusal.

(11) Where a court imposes restrictions under paragraph (8) or gives a direction under paragraph (9) the clerk of petty sessions shall note the restrictions or, as the case may be, the direction on the bingo club licence.

F1 Art. 63(4)(e) repealed (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(2), Sch. 4 (with art. 62); S.R. 2010/328, art. 2