The Licensing (Northern Ireland) Order 1990

Articles 28(4), 31(4), 39(2), 90(1).

SCHEDULE 6 APPLICATIONS FOR PROTECTION ORDERS AND AUTHORISATIONS OF TEMPORARY CONTINUANCE OF BUSINESSES

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 4 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 sub-divisional commander of the police sub-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 sub-divisional commander,

a plan of the premises for which the authorisation is sought.

(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 sub-divisional commander upon whom notice is required by paragraph 2 to be served 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 sub-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.