The Licensing (Northern Ireland) Order 1990

Articles 32(4), 90(1).

SCHEDULE 7 APPLICATIONS FOR OCCASIONAL LICENCES

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 2 weeks 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—

(a) the sub-divisional commander of the police sub-division in which the place or premises to which the application relates is or are situated; and

(b) the district council for the district in which the place or premises is or are situated.

3.  Where 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 sub-divisional commander of the police sub-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 sub-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 sub-divisional commander mentioned in paragraph 2(a), the district council mentioned in paragraph 2(b) 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 on either of the following grounds—

(a) that functions held at the place or premises to which the application relates have been conducted so as to cause undue inconvenience to persons residing in the vicinity of that place or, as the case may be, those premises; or

(b) that terms and conditions imposed under Article 32(13) in respect of a previous occasional licence in respect of that place or those premises were not complied with.

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, the district council or 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.