PART IIBETTING
Transfer of bookmaking office licences
Transfer of bookmaking office licences23
1
An application for the transfer of a bookmaking office licence shall be made to a court of summary jurisdiction.
2
The application may be made by the licensed bookmaker who proposes to, or has, become the owner of the business carried on under the bookmaking office licence in the licensed office.
3
This Article shall apply in relation to the transfer of a bookmaking office licence provisionally granted as if the reference in paragraph (2) to the business carried on under the bookmaking office licence in the licensed office were a reference to that business as proposed to be carried on in that office after the licence has been declared final.
4
The procedure for applications for the transfer of, respectively, bookmaking office licences and bookmaking office licences provisionally granted is set out in Parts I and II of Schedule 5.
5
On an application for the transfer of a bookmaking office licence the court shall hear the objections, if any, made under Schedule 5.
6
A court shall, subject to paragraph (7), refuse an application for the transfer of a bookmaking office licence unless it is satisfied—
a
that the procedure relating to the application set out in Schedule 5 has been complied with; and
b
that the applicant is a licensed bookmaker; and
c
that the applicant is not a person in respect of whom a disqualification order in respect of bookmaking office licences under Article 30 or 53 is in force; and
d
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
A court may transfer a bookmaking office licence notwithstanding that the procedure relating to the application set out in Schedule 5 has not been complied with if, having regard to the circumstances, it is reasonable to do so.
8
A court may refuse an application for the transfer 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 the applicant has been convicted of an offence under this PartF2 or Chapter III of Part III or Part I of the [1957 c. 19 (N.I.)] Betting and Lotteries Act (Northern Ireland) 1957.
9
Where a bookmaking office licence is transferred, the clerk of petty sessions shall note the transfer on the licence.
10
Where the court refuses an application for the transfer of a bookmaking office licence, it shall specify in its order the reasons for its refusal.
Concurrent transfer and renewal of bookmaking office licences24
1
Where a person applies for a transfer of a bookmaking office licence the holder of which has not applied for a renewal of that licence, the court on the application of that person may renew the licence before transferring it to him.
2
A court shall not renew a bookmaking office licence on an application under this Article unless the application is made—
a
within the 3 months immediately preceding the date on which the licence is due to expire; or
b
not later than the end of the licensing year next following the date on which the licence expired; or
c
where the licence continues in force under Article 15(8) or (9).
3
The procedure for applications under this Article for the renewal of bookmaking office licences is set out in Part I of Schedule 4 as modified by Part II of that Schedule.
Appeal from transfer25
Where, at the hearing of an application for the transfer of a bookmaking office licence, any person appears before the court and opposes the transfer, but the court grants the transfer, the transfer shall not take effect until the expiry of the time for bringing an appeal against the transfer and, if an appeal is brought, until the transfer is confirmed or the appeal is abandoned.