Premises Licence Application

LICENSING (NORTHERN IRELAND) ORDER 1996
(Articles 2, 5(1 )(a), 7, 9 and Schedule 1)
Notice of Application for Grant of Licence for premises in which the business carried on by Rossharbour Resort Ltd, a Private Company Limited by shares, Northern Ireland Company Number NI653053 is the sale of intoxicating liquor by retail for consumption either in or off the premises
IN THE COUNTY COURT FOR THE DIVISION OF FERMANAGH & TYRONE
TAKE NOTICE that we, the Directors of the above named Company, Ivan Johnston and Darren Johnston both of 435 Boa Island Road, Enniskillen, Co Fermanagh, BT92 2AL intend to apply to the County Court sitting at Dungannon Courthouse for the above Division commencing at 10.30 am in the forenoon on the 13th day of February 2020 for the Grant of a Licence for the premises situate at 435 Boa Island Road, Enniskillen, Co Fermanagh, being such premises as are specified in Article 5(1 )(a) of the Licensing (Northern Ireland) Order 1996, namely, premises in which it is intended to carry on the business of selling intoxicating liquor for consumption in or off the premises.
AND TAKE NOTICE that this Application will be dealt with by the Court on the 13th day of February 2020 commencing at 10.30 am.
The said Ivan Johnston and Darren Johnston are the owners of the business and premises and are Directors in the said Limited Liability Company known as Rossharbour Resort Ltd.
In accordance with Schedule 1 to the said Order and Rule 6 of Order 48 of the County Court Rules (Northern Ireland) 1981, we attach to this notice a plan of the premises delineating:-
(a) that part of the premises in which intoxicating liquor is to be sold; and
FURTHER TAKE NOTICE that we intend to apply under Article 44 of the said Order for an Order of the above named County Court directing that on such days as may be specified in the Order the hours mentioned in Article 44(2) of the Order shall be in addition to those mentioned in Article 44(1) of the said Order, and shall be additional to the permitted hours for that part of the premises delineated on the Plan on the grounds that the said part of the premises are:-
(a) structurally adapted and used, or intended to be used, for the purpose of habitually providing, for the accommodation of persons frequenting the premises:

(i) musical and other entertainment: or

(ii) substantial refreshment in the form of a main table meal at midday or in the evening, or both: or

(iii) both such entertainment and refreshment and

(b) the sale of intoxicating liquor as ancillary to that entertainment or refreshment.

FURTHER TAKE NOTICE that we intend to apply under Article 59 of the said Order for a Children's Certificate is respect of the part of the premises particularly delineated on the said Plan and for the direction under Article 59(4) of the said Order that the said Certificate shall operate between the hours of: 9.30 am and 9.00 pm on Monday to Saturday, and 12.30 pm and 9.00 pm on Sunday
AND TAKE FURTHER NOTICE that subsisting Licence as defined in Schedule 2 of the said Order for the premises such as are specified in Article 5(1 )(a) situated at 66 Camus Road, Douglas Bridge, Strabane, Co Tyrone, will be surrendered to the Court. Any person, owning, residing or carrying on business in the vicinity of the premises for which the Licence is sought, who intends to object to the grant of the Licence must in accordance with paragraph 6 of Schedule 1 to the Licensing Order (Northern Ireland) 1966 serve Notice of his intention to object upon the Applicant and Chief Clerk, not less than one week before the time of the opening of the Court sittings specified in the Notice so published.
The permissible grounds for objection are such as are specified in Article 7(4), 2(e)(i) of the Licensing Order namely:-
(i) failure to comply with the correct procedure.

(ii) unfitness of the Applicants.

(iii) the premises are not of the kind specified in the Application.

(iv) the premises are unsuitable.

(v) that the premises are unsuitable for children on the grounds specified in Article 59(2) of the said Order.

(vi) that the number of licensed premises of the kind sought for in the vicinity of the premises are to be licensed is or will be adequate.

Dated 20th day of January 2020.
Signed:......................
Ferguson Solicitors
Solicitors for the Applicants
18-20 Belmore Street, Enniskillen BT74 6AA
To: The Chief Clerk Omagh Courthouse High Street, Omagh BT78 1DU
Copy to
(i) The District Commander, PSNI Station, 48 Queen Street, Enniskillen, Co Fermanagh, BT74 7JR

(ii) Fermanagh & Omagh District Council, Townhall, Enniskillen, Co Fermanagh, BT74 7BA