Premises Licence Application

LICENSING (NORTHERN IRELAND) ORDER 1996 (Articles 2, 5(1 )(a), 7, and SCHEDULE 1) AND

(Article 44A, Schedule 9, paragraphs 2 & 3) COUNTY COURT DIVISION OF NORTHERN IRELAND SITTING IN OMAGH

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 either in or off the Premises.



AND

2. Notice of Application for an order for further additional permitted hours.



1. TAKE NOTICE that I, Bridget Ann Reid of 5 The Cornmill, Bellanaleck, intend to apply to the County Court sitting at Omagh Courthouse for the above division commencing at 10 O'clock in the forenoon on 2nd December 2021 for a grant of a licence for the premises situated at 14-16 Forthill Street, Enniskillen, County 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 2nd December 2021 commencing at 10 o'clock. The owner of such business to be carried on under the said licence is Bridget Ann Reid.

The owners of the premises are Michael Reid and Bridget Ann Reid.

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 -

1

(a) The part or parts thereof in which intoxicating liquor is to be sold; and



(b) The extent of the premises which are to be used, extended or demolished.



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 and a copy of the Planning Permission is attached.

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, 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 parts 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 the entertainment or refreshment.



A subsisting licence as defined in Schedule 2 of the said Order for premises such as are specified in Article 5(1) (a) situate at 14-16 Forthill Street, Enniskillen, County Fermanagh will be surrendered to the Court. AND TAKE NOTICE that any person owning or residing or carrying on business in the vicinity of the premises for which a 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, serve notice of intention to object upon the Applicant and the Chief Clerk not less than one week before the time of the opening of the Court Sitting. 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 Licensing Order namely:

(a) Failure to comply with the correct procedure;



(b) That the Applicant is not a fit and proper person;



(c) That the premises are not of the kind specified in the notice or are not suitable to be licensed for the sale of intoxicating liquor by retail; or



(d) That the number of licensed premises of that kind in the vicinity of the premises for which the licence is sought is, or having regard to the licenses provisionally granted under Article 9 or any sites approved under Article 10 will be adequate.



2. AND FURTHER TAKE NOTICE that I Bridget Ann Reid of 5 The Commill, Ballanaleck, being the holder of a licence authorising the sale of intoxicating liquor at the premises situated at 14-16 Forthill Street, Enniskillen, County Fermanagh such premises being of a kind mentioned in Article 5(1 )(a) of the Licensing (Nl) Order 1996 to which an order of 2nd September 2014 under Article 44 of the said Order applies, intend to apply at the county court sitting Omagh on 2nd December 2021 at 10 O'clock in the forenoon for an order



? under Article 44A(3) of the said Order directing that, on Fridays and Saturdays for the next twelve months being day(s) specified in the said Article 44 order, an additional hour beginning immediately after the end of the period authorised by the said Article 44 order

The licence required for the premises for which the application is made by a council under Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 will be produced at the hearing of the application. Dated this 29th day of October 2021

Solicitor for the Applicant Maguire & Corrigan Solicitors 20 East Bridge Street Enniskillen Co Fermanagh BT74 7BT

To: the Chief Clerk at Omagh Courthouse, High Street, Omagh, County Tyrone Copy to:-

(i) The clerk of the petty sessions district of Omagh, Omagh Courthouse, High Street, Omagh, County Tyrone



(ii) The sub-divisional commander at Omagh PSNI, 1 Derry Road, Omagh, County Tyrone



(iii) Fermanagh and Omagh District Council, The Grange, Mountjoy Road, Omagh, County Tyrone