The Local Government (Provision of Services) Regulations (Northern Ireland) 2010

Amendments to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985

2.—(1) Schedule 2 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985(1) is amended as specified in paragraphs (2) to (5).

(2) In paragraph 5, for the definition of “the appropriate sub-divisional commander”, substitute—

““the appropriate district commander” in relation to an application or a licence under this Schedule means—

(a)

where the application or licence relates to premises, the district commander of the Police Service of Northern Ireland acting for the police district in which the premises are situated;

(b)

where the application or licence relates to a vehicle, vessel or stall, the district commander of the Police Service of Northern Ireland acting for the police district in which the applicant or holder has his permanent address or (in the case of a body corporate or unincorporated body) its registered or principal office;”.

(3) In paragraph 10—

(a) for sub-paragraph (14) substitute—

“(14) The council shall, as soon as an application for the grant, renewal or transfer of a licence under this Schedule is made to it, whether by means of a relevant electronic facility or in any other case, send a copy of the application to the appropriate district commander.

(14A) In sub-paragraph (14) “relevant electronic facility” means—

(a) the electronic assistance facility referred to in regulation 38 of the Provision of Services Regulations 2009(2), or

(b) any facility established and maintained by the council for the purpose of receiving applications under this Schedule electronically.”;

(b) in sub-paragraph (18), for “sub-divisional commander”, substitute “district commander”; and

(c) for sub-paragraph (20) substitute—

“(20) Where the council refuses to grant, renew or transfer a licence, it shall give the applicant or the holder of the licence a statement in writing of the reasons for its decision.”.

(4) In paragraph 12(1)(c) and (d), for “the United Kingdom”, substitute “an EEA state”.

(5) In paragraph 27(1) and (2), for “sub-divisional commander”, substitute “district commander”.

(6) For the purposes of regulation 19(5) of the Provision of Services Regulations 2009, the arrangements made by paragraph 10 of Schedule 2 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 fall within the “different arrangements” referred to in regulation 19(5).

(1)

S.I.1985/1208 (N.I. 15)

(2)

S.I. 2009/2999