LICENSING (NORTHERN IRELAND) ORDER 1996 ARTICLE

LICENSING (NORTHERN IRELAND) ORDER 1996
ARTICLE 2,5(1)(e), 7,9 and Schedule 1
NOTICE OF APPLICATION FOR THE GRANT OF A LICENCE AUTHORISING THE SALE OF INTOXICATING LIQUOR BY RETAIL IN A RESTAURANT
IN THE COUNTY COURT FOR THE DIVISION OF FERMANAGH & TYRONE
TAKE NOTICE that William Robert Ross Duncan and Karen Mary Elizabeth Duncan, whose address is at 17 Montaighroe Road, Feddans, Kesh, County Fermanagh, intend to apply to the County Court for the Division of Fermanagh & Tyrone sitting at Enniskillen Courthouse, 17 East Bridge Place, Enniskillen in the County of Fermanagh, commencing at 10.30 o'clock in the forenoon on the 13th day of May 2016 for the grant of a licence for the premises situate at 2 Main Street, Kesh in the County for Fermanagh being restaurant premises such as are specified in Article 2 of the Licensing (Northern Ireland) Order 1996, namely, premises, not being premises of a kind mentioned in Article 5(1) (a) of the Licensing (Northern Ireland) Order 1996, and being restaurant premises of a kind mentioned in Article 5(1)(e) of the Licensing (Northern Ireland) Order 1996 in which there is carried on the business of selling meals and refreshments, which premises are structurally adapted and used and intended to be used for the purpose of providing persons frequenting the premises with a main tablemeal atmiddayorin the evening or both.
that William Robert Ross Duncan and Karen Mary Elizabeth Duncan, whose address is at 17 Montaighroe Road, Feddans, Kesh, County Fermanagh, intend to apply to the County Court for the Division of Fermanagh & Tyrone sitting at Enniskillen Courthouse, 17 East Bridge Place, Enniskillen in the County of Fermanagh, commencing at 10.30 o'clock in the forenoon on the 13th day of May 2016 for the grant of a licence for the premises situate at 2 Main Street, Kesh in the County for Fermanagh being restaurant premises such as are specified in Article 2 of the Licensing (Northern Ireland) Order 1996, namely, premises, not being premises of a kind mentioned in Article 5(1) (a) of the Licensing (Northern Ireland) Order 1996, and being restaurant premises of a kind mentioned in Article 5(1)(e) of the Licensing (Northern Ireland) Order 1996 in which there is carried on the business of selling meals and refreshments, which premises are structurally adapted and used and intended to be used for the purpose of providing persons frequenting the premises with a main tablemeal atmiddayorin the evening or both.
AND TAKE NOTICE that this application will be dealtwith bytheCourton the13th dayofMay 2016commencing at10.30o'clock.
that this application will be dealtwith bytheCourton the13th dayofMay 2016commencing at10.30o'clock.
William Robert Ross Duncan and Karen Mary Elizabeth Duncan will be the owners of the business.
The owner of the premises is Danbury Associates Limited having its registered office at Northern Bank House, Main Street, Kesh, Co Fermanagh, BT93 1TF.
A plan of the premises separately delineating each part or parts thereof in which intoxicating liquor is to be sold is attached to this notice in accordance with Schedule 1 to the said Order and Rule 6 of Order 48 of the County Court Rules (Northern Ireland) 1981.
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.
FURTHERTAKENOTICEthattheApplicantintends
thattheApplicantintends
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 plans 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 interests of persons associated with any trade, profession, educational or cultural activity, game or sport; or

(b) Functions (not exceeding 6 in number in anyyear)organisedbythelicenceholders, on the grounds that:

(a.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 substantialrefreshmenttowhichthesaleof intoxicating liquor is ancillary; and
(a.ii)suitable means ofaccess to thatpartofthe premises otherwise than through anyother part of the premises which is used for the sale of intoxicating liquor, are available for customers.]
AND FURTHER TAKE NOTICE that the Applicant intends to apply at the application for the licence for an order for additional hours as specified in Article 44 of the said Order, namely weekdays from 11.00pm to 1.00am the next day following and on Sundays from 10.00pm to 12 midnight, and on Sunday being 31st December from 10.00pm to 1.00 am the next day following be included in the permitted hours for the part[s] of the premises delineated on the said plan on the grounds that the said part[s] of the premises are:-
that the Applicant intends to apply at the application for the licence for an order for additional hours as specified in Article 44 of the said Order, namely weekdays from 11.00pm to 1.00am the next day following and on Sundays from 10.00pm to 12 midnight, and on Sunday being 31st December from 10.00pm to 1.00 am the next day following be included in the permitted hours for the part[s] of the premises delineated on the said plan on the grounds that the said part[s] of the premises are:-
(a) structurally adapted and used, or intended to be used, for the purpose of habitually provided, for the accommodation ofpersons 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

(iii) both such entertainment and refreshment; and

(b) the sale of intoxicating liquor ancillary to thatentertainmentorrefreshment

AND FURTHER TAKE NOTICE that the Applicant
that the Applicant
intends to apply under Article 59 of the said Order for a children's certificate in respect of the partofthepremisesdelineatedonthesaidplan.
AND FURTHER TAKE NOTICE that any person
that any person
owning or residing or carrying on business in premises in the vicinity of the premises for which this licence is soughtmust, in accordance withparagraph6ofSchedule1 tothesaidOrder serve notice of his intention to object upon the applicant(attheirSolicitors'addressifrequired) and the Chief Clerk not less than one week before the opening ofthe Courtsitting.
The permissible grounds of objection are as specified in Article 7(4)(a) to (e)(i), and paragraph4ofthesaidSchedule1,namely:-
(a) The proper procedure has not been complied with;

(b) The applicants are not fit persons to hold a licence;

(c) The premises are not premises of the kind specified in this notice or are not suitable for the sale of intoxicating liquor by retail as a restaurant.

(d) In the case of the application under Article 44 the permissible grounds of objection are as specified in Article 44(1) and (3) (structural suitability and undue inconvenience to residents).

(e) In the case of an application under Article 48 the permissible grounds of objection are as specified in Article 48(2) (suitability of premises).

(f) In the case of an application under Article 59 the permissible grounds of objection are as specified in Article 59 (suitability of the premises for children).

Datedthis19thdayofApril2016
Signed: Falls & Hanna Solicitors Falls & Hanna Solicitors, 24 East Bridge Street Enniskillen, Co. Fermanagh, BT74 7BT Solicitors for the Applicant
Falls & Hanna Solicitors, 24 East Bridge Street Enniskillen, Co. Fermanagh, BT74 7BT Solicitors for the Applicant
To:TheChiefClerkatEnniskillenCourthouse,
17EastBridgePlace,Enniskillen,County
FermanaghBT747BW
Copyto:
(i) TheClerkofPettySessions,Enniskillen Courthouse,17EastBridgePlace, Enniskillen,CountyFermanaghBT747BW

(ii) The Sub-Divisional Commander, Omagh PSNI, 1 Derry Road, Gortmore, Omagh, CountyTyroneBT785DR

(iii)The Sub-Divisional Commander, Enniskillen PSNI, 48 Queen Street, Enniskillen, County Fermanagh BT74 7JR
(iv)TheClerkand ChiefExecutiveofFermanagh and Omagh DistrictCouncil,TheGrange, MountjoyRoad, Omagh, CountyTyrone
BT797BL