OpenLegislation

Article 16 Appeals against decisions of district councils

Northern Ireland

(1)

Any person aggrieved—

(a)

by the refusal or revocation of a licence,

(b)

by any terms, conditions or rest rictions on or subject to which a licence is granted, or

(c)

by the refusal of a renewal or transfer of a licence,

may appeal to the county court.

(2)

Any person aggrieved—

(a)

by the refusal to allow any premises to be opened and used on Sundays for the purpose of film exhibitions under paragraph (2) of Article 11, or

(b)

by any conditions imposed under that paragraph,

may appeal to the county court.

(3)

Where the decision against which an appeal under this Article is brought was given on an application of which (in accordance with Article 5(1)) notice was required to be given toF1 the F2Fire and Rescue Service Board and the appropriate sub-divisional commander, any notice of appeal under this Article against that decision shall be given to that Authority and that sub-divisional commander as well as to any other person to whom it is required to be given apart from this paragraph.

(4)

Where a licence is revoked it shall be deemed t o remain in force during the period within which an appeal under this Article may be brought and, if such an appeal is brought, until the determination or abandonment of the appeal.

(5)

Where an application for the renewal or transfer of a licence is refused, the licence shall be deemed to remain in force or, as the case may require, to have effect with any necessary modifications—

(a)

during any period within which an appeal under this Article may be brought and, if such an appeal is brought, until the determination or abandonment of the appeal; and

(b)

where such an appeal is successful, until the licence is renewed or transferred by the district council.

Annotations

Textual amendments

F1

prosp. rep. by 1991 NI 12

F2

Words in art. 16 substituted (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(1), Sch. 3 para. 17 (with arts. 49, 62); S.R. 2006/257, art. 2(b)(d)

Notes on the whole Order

Textual amendments

F1

certain functions transferred by SR 1993/310