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

Renewal of bookmakers' licences and bookmaking office licencesN.I.

Renewal of bookmakers' licencesN.I.

16.—(1) An application for the renewal of a bookmaker's licence shall be made to a court of summary jurisdiction except where the licence is renewed by the clerk of petty sessions under this Article.

(2) The procedure for applications for the renewal of bookmakers' licences is set out in Part I of Schedule 3.

(3) Subject to paragraph (4), where notice of an application for the renewal of a bookmaker's licence otherwise than under Article 20 has been served on the clerk of petty sessions, he may renew the licence as if the application had been made to him and may do so in the absence of the applicant.

(4) Where—

(a)a notice of objection has been served on the clerk of petty sessions and has not been withdrawn; or

(b)in the case of an application for the renewal of a bookmaker's licence held by partners or a body corporate, the clerk is not satisfied that—

(i)in the case of partners, the partners; or

(ii)in the case of a body corporate, the directors or the persons who have executive control of it or who have a financial interest in it;

have not changed since the licence was last renewed or, in the case of a first renewal, since the licence was granted; or

(c)the clerk is of the opinion, for any other reason, that an application for the renewal of the bookmaker's licence should be made to the court;

the clerk shall require the application to be made to the court and shall notify the applicant and the objectors, if any, of the requirement and of the time and place of the hearing.

(5) Where a bookmaker's licence is renewed, the clerk of petty sessions shall note the renewal on the licence.

Renewal of bookmakers' licences by a courtN.I.

17.—(1) On an application for the renewal of a bookmaker's licence a court of summary jurisdiction shall hear the objections, if any, made under Schedule 3.

(2) A court shall, subject to paragraph (3), refuse an application for the renewal of a bookmaker's licence unless it is satisfied—

(a)that the procedure relating to the application set out in Schedule 3 has been complied with; and

(b)that the applicant is a fit person to hold a bookmaker's licence; and

(c)that the applicant has not allowed the business carried on under the bookmaker's licence to be managed by, or carried on for the benefit of, a person other than the applicant, who would himself be refused the grant of a bookmaker's licence[F1;and]

[F1(d)that neither the applicant nor any employee of his has, since the licence was granted, received or negotiated a bet on the outcome of any lottery forming part of a National Lottery for the purposes of Part I of the National Lottery etc. Act 1993.]

[F1(2A) For the purposes of paragraph (2)(d), the court shall disregard any bet which ought properly to have been raised by way of objection on a previous occasion when the licence was renewed.]

(3) A court may renew a bookmaker's licence notwithstanding that the procedure relating to the application set out in Schedule 3 has not been complied with if, having regard to the circumstances, it is reasonable to do so.

(4) A court may refuse an application for the renewal of a bookmaker's licence if it is satisfied that the applicant has been convicted of an offence under this Part[F2 or Chapter III of Part III] or Part I of the [1957 c. 19 (N.I.)] Betting and Lotteries Act (Northern Ireland) 1957.

(5) Where the court refuses an application for the renewal of a bookmaker's licence, it shall specify in its order the reasons for its refusal.

Renewal of bookmaking office licencesN.I.

18.—(1) An application for the renewal of a bookmaking office licence shall be made to a court of summary jurisdiction except where the licence is renewed by the clerk of petty sessions under this Article.

(2) The procedure for applications for the renewal of bookmaking office licences is set out in Part I of Schedule 4.

(3) Subject to paragraph (4), where notice of an application for the renewal of a bookmaking office licence otherwise than under Article 20 or 24 has been served on the clerk of petty sessions he may renew the licence as if the application had been made to him and may do so in the absence of the applicant.

(4) Where—

(a)a notice of objection has been served on the clerk of petty sessions and has not been withdrawn; or

(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of an application for the renewal of a bookmaking office licence held by partners or a body corporate, the clerk is not satisfied that—

(i)in the case of partners, the partners; or

(ii)in the case of a body corporate, the directors or the persons who have executive control of it or who have a financial interest in it;

have not changed since the licence was last renewed or, in the case of a first renewal, since the licence was granted; or

(d)the clerk is of the opinion, for any other reason, that an application for the renewal of the bookmaking office licence should be made to the court;

the clerk shall require the application to be made to the court and shall notify the applicant and the objectors, if any, of the requirement and of the time and place of the hearing.

(5) Where a bookmaking office licence is renewed, the clerk of petty sessions shall note the renewal on the licence.

Renewal of bookmaking office licences by a courtN.I.

19.—(1) On an application for the renewal of a bookmaking office licence a court of summary jurisdiction shall hear the objections, if any, made under Schedule 4.

(2) A court shall, subject to paragraph (3), refuse an application for the renewal of a bookmaking office licence unless it is satisfied—

(a)that the procedure relating to the application set out in Schedule 4 has been complied with; and

(b)that the applicant is a licensed bookmaker; and

(c)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A court may renew a bookmaking office licence notwithstanding that the procedure relating to the application set out in Schedule 4 has not been complied with if, having regard to the circumstances, it is reasonable to do so.

(4) A court may refuse an application for the renewal of a bookmaking office licence if it is satisfied—

(a)that the premises are not suitable for use as a licensed office; or

(b)that, having regard to the manner in which the business carried on in the licensed office has been conducted since the last previous renewal of the licence (or, where the renewal applied for is the first renewal of the licence, since the licence was granted), it is unlikely that, if the licence is renewed, the business will be properly conducted; or

(c)that a person has been convicted of an offence in respect of a contravention, in connection with the licensed office, of any of the provisions of this Part, of any regulations made under it, or[F5 of Chapter III of Part III, or any regulations made under it, or] of Part I of the [1957 c. 19 (N.I.)] Betting and Lotteries Act (Northern Ireland) 1957; or

(d)that, since the last previous renewal of the licence (or, where the renewal applied for is the first renewal of the licence, since the licence was granted), the licensed office has been used for an unlawful purpose or as a resort of persons of known bad character.

(5) Where the court refuses an application for the renewal of a bookmaking office licence, it shall specify in its order the reasons for its refusal.

Renewal of bookmakers' licences and bookmaking office licences out of timeN.I.

20.—(1) Where the holder of a bookmaker's licence or a bookmaking office licence which falls to expire at the end of a licensing year fails to serve due notice of the application for its renewal before the renewal date in that year a court of summary jurisdiction, upon application for the renewal of the bookmaker's licence or, as the case may be, the bookmaking office licence being made not later than the end of the next following licensing year, may renew the licence if it is satisfied that there was good reason for the failure.

(2) The procedure for applications under this Article for the renewal of bookmakers' licences is set out in Part I of Schedule 3 as modified by Part II of that Schedule, and for the renewal of bookmaking office licences is set out in Part I of Schedule 4 as modified by Part II of that Schedule.

Continuance of bookmakers' licences and bookmaking office licences pending determination of appealN.I.

21.  Where a court refuses an application for the renewal of a bookmaker's licence or a bookmaking office licence and the holder of the licence appeals, the licence shall, unless it is revoked or is a licence to which a disqualification order under Article 30 or 53 applies or it ceases to be in force under Article 173, continue in force until the appeal is determined or abandoned.

Duration of renewed bookmakers' licences and bookmaking office licencesN.I.

22.—(1) Subject to paragraph (2), on the renewal of a bookmaker's licence or a bookmaking office licence, the licence shall, unless it is revoked or is a licence to which a disqualification order under Article 30 or 53 applies or it ceases to be in force under Article 173, remain in force until—

(a)if it is renewed within the 3 months immediately preceding the expiration of the then current licensing year, the expiration of the next following licensing year, or

(b)in any other case, the expiration of the then current licensing year.

(2) Paragraph (1) shall not prejudice the operation of Articles 15(8) and (9), 21 and 29 under which a bookmaker's licence or a bookmaking office licence may continue in force after the time when it would otherwise expire.