Magistrates' Courts (Registration of Clubs) Rules (Northern Ireland) 1997

S.R. 1997/63 · Made 17 February 1997 · Extends to Northern Ireland

MAGISTRATES' COURTS

Made 17th February 1997

Coming into operation 20th February 1997

The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981^f1, and of all other powers enabling him in that behalf, on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following rules:—

Annotations to the whole text

Footnotes

f1: S.I. 1981/1675 (N.I. 26)

1Citation, commencement and revocation
2Interpretation
3Application for the renewal of registration of a club
4Objection to renewal of registration of a club
5Application for cancellation of registration of a club
6Applications for authorisation of continuance of club in temporary premises
7Applications for children’s certificates
8Objection to the granting of a children’s certificate
9Plans to be attached to notices of application
10Endorsement of service
11Costs
Signature
Schedule
Form 1REGISTRATION OF CLUBS (NORTHERN IRELAND) ORDER 1996
Form 2REGISTRATION OF CLUBS (NORTHERN IRELAND) ORDER 1996
Form 3REGISTRATION OF CLUBS (NORTHERN IRELAND) ORDER 1996
Form 4REGISTRATION OF CLUBS (NORTHERN IRELAND) ORDER 1996
Form 5REGISTRATION OF CLUBS (NORTHERN IRELAND) ORDER 1996
Form 6REGISTRATION OF CLUBS (NORTHERN IRELAND) ORDER 1996
Explanatory note

1Citation, commencement and revocationI1

(1)

These rules may be cited as the Magistrates' Courts (Registration of Clubs) Rules (Northern Ireland) 1997 and shall come into operation on 20th February 1997.

(2)

The Magistrates' Courts (Registration of Clubs) Rules (Northern Ireland) 1988^f1 are hereby revoked.

2InterpretationI1

(1)

In these rules “the Order” means the Registration of Clubs (Northern Ireland) Order 1996^f1 and a reference to an Article or Schedule by number is a reference to that Article or Schedule as numbered in the Order.

(2)

Any reference in these Rules to a Form by number is a reference to that Form so numbered in the Schedule.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Application for the renewal of registration of a clubI1

(1)

Notice of application in accordance with Article 7 and paragraph 3 of Schedule 3 for the renewal of registration of a club shall be in Form 1.

(2)

A notice published in the newspapers as required by paragraph 3(a) of Schedule 3 shall—

(a)

include a reference to the requirement that any person owning or residing or carrying on business in premises in the vicinity of the premises of the club for which renewal of registration is sought who intends to object to the renewal must, in accordance with paragraph 6 of Schedule 3 to the Order, serve notice of his intention to object on the club and the clerk of petty sessions, not less than one week before the renewal date as specified in Article 2(2);

(b)

state that the permissible grounds of objection are any of the grounds specified in Article 8(3) and (4).

4Objection to renewal of registration of a clubI1

Notice of intention to object to the renewal of registration of a club in accordance with Article 8(1) and paragraphs 5 and 6 of Schedule 3 shall be in Form 2.

5Application for cancellation of registration of a clubI1

Where an application is made for the cancellation of registration of a registered club in accordance with Article 13(1), notice of intention to apply for cancellation shall be in Form 3 and this notice shall be served on the secretary of the club and the clerk of petty sessions not less than 4 weeks before the date of the court sitting at which the application for cancellation is to be made.

6Applications for authorisation of continuance of club in temporary premisesI1

Notice of application in accordance with Article 12 and paragraphs 2 and 3 of Schedule 4 for an order authorising the continuance of a club in temporary premises shall be in Form 4.

7Applications for children’s certificatesI1

Notice of application in accordance with Article 33 and paragraphs 2 and 3 of Schedule 5 for the grant of a children’s certificate shall be in Form 5.

8Objection to the granting of a children’s certificateI1

Notice of intention to object to the granting of a children’s certificate in accordance with paragraphs 4 and 5 of Schedule 5 shall be in Form 6.

9Plans to be attached to notices of applicationI1

(1)

Where an applicant intends to make an application for an order authorising the continuance of the club in temporary premises he shall attach to the notice in Form 4 served on the clerk of petty sessions, and to the copies required to be served by paragraph 2 of Schedule 4, a plan of the premises for which authorisation is sought.

(2)

Where an applicant intends to apply for the grant of a children’s certificate he shall attach to the notice in Form 5 served on the clerk of petty sessions, and to the copies required to be served by paragraph 2 of Schedule 5, a plan of the premises distinguishing the part thereof to which the application relates.

(3)

The plan referred to in paragraphs (1) and (2) must:—

(a)

be to scale on substantial paper or other material;

(b)

show each floor of the premises on a separate page measuring approximately eighteen inches (46 cms) by eighteen inches (46 cms);

(c)

be certified as true and correct by an architect, surveyor or other person considered by the court to be competent to do so;

(d)

show the parts of the premises on which intoxicating liquor is sold, or is intended to be sold, by clearly distinguishing in bold, hatched or shaded colour between that and other parts of the premises.

10Endorsement of serviceI1

Where any document is required by the Order or these Rules to be served on the clerk of petty sessions and is also required to be served on any other person or body, the document served on the clerk of petty sessions shall be endorsed as to the mode and time of service thereof upon such other person or body.