Licensing (Northern Ireland) Order 1996

Licensing (Northern Ireland) Order 1996

Articles 5(1)(a), 7, 44, 59 and Schedule I

Notice of application for the grant of a licence for premises in which the only or principal business is selling intoxicating liquor by retail for consumption either in or off the premises.

WESTERN ADMINISTRATIVE COURT DIVISION

COUNTY COURT OF NORTHERN IRELAND AT OMAGH SITTING AT DUNGANNON

TAKE NOTICE that, Thomas McCaffrey, of Giverney, Willoughby Place, Enniskillen, County Fermanagh, BT74 7EX, intends to apply to the County Court sitting at The Courthouse, 46, Killyman Road, Dungannon, County Tyrone, for the above division commencing at 10.30am in the forenoon on the 28th day of June 2018, for the grant of a licence for premises situate at and known as The Village Inn, Sligo Road, Enniskillen, County Fermanagh, BT74 7JY 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 only or principally 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 the 28th day of June 2018 commencing at 10.30am.

Thomas McCaffrey aforesaid is the owner of the business and is also the owner of the premises.

In accordance with Schedule I to the said Order and Rules 6 and 48 of the County Court Rules (Northern Ireland) 1981, we attach to this notice a plan of the premises delineating:-

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



(b) the extent of the premises which are or are to be extended, used 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 permission is attached.

AND FURTHER TAKE NOTICE that the applicant intends to applyunder 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, namelyon weekdays from 11.00pm to 1.00am the next day following and on Sundays from 10.00pm to 12.00 midnight 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 premises are -

(a) structurally adapted and used, or intended to be used, 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 the applicant intends to applyunder 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 II to the said Order for premises such as are specified in Article 5(1)(a) situate at The Village Inn, Sligo Road, Enniskillen, County Fermanagh, BT74 7JY will be surrendered to the Court.

AND FURTHER TAKE NOTICE that any person owning, 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 I to the Order, serve notice of intention to object upon the Chief Clerk and the Applicant (at the Applicant's Solicitor's address below if necessary) not less than one week before the time of the opening of the Court Sitting specified herein.

AND FURTHER TAKE NOTICE that the permissible grounds of objection are such as are specified in Article 7(4)(a) to (e)(1) of the Licensing Order, namely, failure to comply with the correct procedure, unfitness of the Applicant, unsuitability of the premises and, where the premises are of a kind mentioned in Article 5(1)(a) only and paragraph 6 of Schedule 3 of the Licensing Order does not apply, that the number of licensed premises of that kind in the vicinity is or will be adequate.

And 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).

In the case of an application under Article 59 the permissible grounds of objection are as specified in Article 59(2) (suitability of the premises for children).

Dated this 4 day of June 2018 J,c,aa? j.-'.'rjjr-fci.-LU-P

J

,c,aa?

j.-'.'rjjr-fci.-LU-P

Carson McDowell LIP, Solicitors for the Applicant, 4/5 Murray Street, Belfast, BT1 6DN

To: The Chief Clerk at Omagh Courthouse, High Street, Omagh, County Tyrone, BT781DU

The Clerk of Petty Sessions for the Petty Sessions District of Fermanagh,

Omagh Courthouse, High Street, Omagh, County Tyrone, BT78 1DU

The Clerk of Petty Sessions for the Petty Sessions District of Fermanagh, Enniskillen

Courthouse, East Bridge Street, Enniskillen, County Fermanagh, BT74 7BW

The District Commander, PSNI, Fermanagh and Omagh District Command Unit,

20 Queen Street, Enniskillen, County Fermanagh, BT74 7,JR

The Clerk & Chief Executive, Fermanagh and Omagh District Council, The Townhall, 2 Townhall Street, Enniskillen, County Fermanagh, BT74 7BA