FORM 195

FORM 195

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 under the licence is the business of selling intoxicating liquor by retail for consumption off the premises IN THE COUNTY COURT FOR THE DIVISION OF FERMANAGH AND TYRONE TAKE NOTICE that we RAYMOND BEATTY AND MYRA BEATTY of Homeview, Drumsonnus, Ballinamallard, County Fermanagh BT94 2JF, intend to apply to the County Court sitting at The Courthouse, High Street, Omagh, Co Tyrone for the above Division commencing at 10.30 am on Thursday 9th day of September, 2021 for the grant of a licence for the premises situated at The Poachers Inn, 48 Main Street, Ballinamallard 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 either in or off the premises.

AND TAKE NOTICE that this application will be dealt with by the court on Thursday the 9th day of September, 2021 commencing at 10.30 am. We will be the owners of such business. The owners of the premises are Raymond Beatty and Myra Beatty. In accordance with Schedule 1 to the said Order and Rule 6 of Order 48 of the County Court Rules (Northern Ireland) 1981,1 attach to this notice a plan of the premises delineating the part or parts thereof in which intoxicating liquor is to be sold.

There is in force planning permission to use the premises as premises of the kind specified in this notice for the period during which the licence would be in force.

FURTHER TAKE NOTICE that I intend to apply under Article 44 of the said Order for an order of the above-named Court directing that, on such days as may be specified in the Order namely weekdays from 11 pm to 1 am the next day following and on Sunday from 10 pm to midnight and on Sunday, being the 31st December from 10 pm until 1 am the next day following, the hours mentioned in Article 44(2) of the said Order shall, in addition to those mentioned in Article 42(1) of the said Order, be included in the permitted hours for the part( s) of the premises delineated on the said plan on the grounds that the said parts of the said 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 or 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 is ancillary to that entertainment or refreshment



AND FURTHER TAKE NOTICE that I intend to apply under Article 48 of the said Order for an order of the above-named court specifying the part of the premises particularly delineated on the said plan as being suitable for functions such as are referred to in Article 47(5) of the said order, namely those -

(a) organised by any body established for social, charitable or benevolent purposes or for furthering the common interest of persons associated with any trade, profession, educational or cultural activity, game or sport; or



(b) (not exceeding six in number in any year) organised by the licence holder, on the grounds that -



(i) the part so delineated is structurally adapted and used or intended to be used for the purpose of providing for the accommodation of persons frequenting it substantial refreshment to which the sale of intoxicating liquor is ancillary; and



(ii) suitable means of access to that part of the premises otherwise than through any other part of the premises which is used for the sale of intoxicating liquor, are available for customers.



AND FURTHER TAKE NOTICE that I intend to apply under Article 59 of the said Order for a children's certificate in respect of the part of the premises particularly delineated on the said plan. A 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 48 Main Street, Ballinamallard, Co Fermanagh will be surrendered to the court. AND FURTHER TAKE NOTICE that any person owning or residing or carrying on business in premises 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 said Order, serve notice of his intention to object upon the Applicants (at their Solicitor's address) and the Chief Clerk not less than one week before the time of the opening of the court sitting specified in this Notice. AND FURTHER TAKE NOTICE that the permissible grounds of objection are such as are specified in Article 7(4) (a) to (e)(i) of the said Order, namely, failure to comply with the correct procedure, unfitness of applicant or unsuitability of premises; and where the premises are of a kind mentioned in Article 5(1) (a) only and Article 7(6) and paragraph 6 of Schedule 3 does not apply, that the number of licensed premises of that kind in the vicinity is or will be adequate; and FURTHER TAKE NOTICE that in the case of the application under Article 44 the permissible grounds for objection are specified in Article 44 (1) and (3) of the said Order, namely structural suitability and undue inconvenience to residents; and FURTHER TAKE NOTICE that in the case of an application under Article 59 the permissible grounds of objection are as specified in Article 59 (2), namely suitability of the premises for children. Dated this 16 day of August, 2021 Cooper Wilkinson Limited Solicitors for Applicants Imperial Buildings 38-40 Queen Elizabeth Road Enniskillen

Co Fermanagh, BT74 7BY

TO: The Chief Clerk, The Courthouse, High Street, Omagh, County Tyrone, BT78 1DU COPY TO:

(i) The Clerk of Petty Sessions for the Petty Sessions District of Fermanagh and Tyrone, Enniskillen Courthouse, East Bridge Street, Enniskillen, Co Fermanagh (being the Petty Sessions District in which the premises are situated)



(ii) The Area Commander at Enniskillen PSNI Station, Queen Street, Enniskillen, County Fermanagh, BT74 7JR, (Area Headquarters for the District in which the premises are situated and in which the Applicant resides)



(iii) The District Council at Fermanagh, The Townhall, Enniskillen, Co Fermanagh (District Council for the district in which the



premises are situated)._