County Court (Amendment No. 2) Rules (Northern Ireland) 1997

Made: 17th February 1997

Coming into operation: 20th February 1997

We, the County Court Rules Committee appointed by the Lord Chancellor under Article 46 of the County Courts (Northern Ireland) Order 1980[^f00001], in exercise of the powers conferred on us by Article 47 of that Order, Article 85(1) of, paragraphs 2 and 12 of Schedule 1 and paragraph 3(2) of Schedule 3 to, the Licensing (Northern Ireland) Order 1996[^f00002], Article 52(1) of, and paragraph 2(1) of Schedule 2 to, the Registration of Clubs (Northern Ireland) Order 1996[^f00003], and all other powers enabling us in that behalf hereby make the following Rules:—

Citation and interpretation

1

• (1) These Rules may be cited as the County Court (Amendment No. 2) Rules (Northern Ireland) 1997.

• (2) In these Rules a reference to an Order, Appendix or Form by number is a reference to that Order, Appendix or Form so numbered in the County Count Rules (Northern Ireland) 1981[^f00004].

Amendment of the County Court Rules (Northern Ireland) 1981

2

For Order 48 there shall be substituted the new Order 48 set out in Schedule 1.

3

• (1) For Forms 194 to 201, 305 and 306 there shall be substituted the new Forms set out in Schedule 2.

• (2) The new Forms set out in Schedule 3 shall be inserted in Appendix 1 in the place appropriate to their number and letter.

• (3) Forms 202 to 211 and 307 shall be amended to the extent set out in Schedule 4.

We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.

SCHEDULE 1 — Rules to be inserted as Order 48

SCHEDULE 2 — Forms to be substituted in Appendix 1

Form 194 — Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] 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

Form 195 — Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] 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

Form 196 — Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in an hotel

Form 197 — Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a restaurant

Form 198 — Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a place of public entertainment

Form 199 — Licensing (Northern Ireland) Order 1996>

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a refreshment room in public transport premises

Form 200 — Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a seaman’s canteen

Form 201 — Licensing (Northern Ireland) Order 1996

Notice of application for grant of licence for non-seagoing vessel

Form 305 — Registration of Clubs (Northern Ireland) Order 1996

Preliminary Notice of Application for the Registration of a Club

Form 306 — Registration of Clubs (Northern Ireland) Order 1996

Notice of application for the registration of a club

SCHEDULE 3 — Forms to be inserted in Appendix 1

Form 196A — Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a guest house

Form 197A — Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a conference centre

Form 197B — Licensing (Northern Ireland) Order 1996

Notice of application for [provisional] grant of licence authorising the sale of intoxicating liquor by retail in a higher education institution

Form 204A — The Licensing (Northern Ireland) Order 1996

Notice of intention to object to the making of an order under [Article 43 (order for alternative permitted hours)] [Article 44 (order for additional permitted hours)] [Article 48 (order specifying premises as suitable for functions)] [Article 58 (grant of a children’s certificate)]

Form 307A — The Registration of Clubs (Northern Ireland) Order 1996

Notice of intention to object to the application for a children’s certificate

SCHEDULE 4 — Amendment to Forms

1

In Form 202—

• (a) for the heading there shall be substituted the following new heading:

• (b) for the words “Article 10(6)” in the body of the Form there shall be substituted the words “Article 9(6)”.

2

In Form 203—

• (a) for the heading there shall be substituted the following new heading:

• (b) in the first paragraph for the words—

• (i) “Licensing (Northern Ireland) Order 1990” there shall be substituted the words “Licensing (Northern Ireland) Order 1996”.

• (ii) “Article 10” in the first paragraph there shall be substituted the words “Article 9”.

• (iii) “Article 6(1)” there shall be substituted the words “Article 5(1)”.

3

In Form 204—

• (a) for the heading there shall be substituted the following new heading:

• (b) for the words “paragraph 11” in note [2] there shall be substituted the words “paragraph 13”.

4

In Form 205—

• (a) for the heading there shall be substituted the following new heading:

• (b) for the words “Article 8(2)(c)(ii)” in the explanatory title and paragraph 1 there shall be substituted the words “Article 7(4)(e)(ii)”.

5

In Form 206—

• (a) for the heading there shall be substituted the following new heading:

• (b) for the words “Article 11” in paragraph 3 there shall be substituted the words “Article 10”.

6

For the heading in Form 207 there shall be substituted the following new heading:

7

For the heading in Form 208 there shall be substituted the following new heading:

8

In Form 209—

• (a) for the heading there shall be substituted the following new heading:

• (b) for the words

• (i) “Article 6(1)[(a)], [(b)], [(c)], [(d)], [(e)], [(f)], [(g)]” there shall be substituted the words “Article 5(1)[(a)], [(b)], [(c)], [(d)], [(e)], [(f)], [(g)], [(h)], [(i)], [(j)]”;

• (ii) “Article 36(1)[(a)], [(b)], [(c)], [(d)]” in paragraph 1 there shall be substituted the words “Article 31(1)[(a)], [(b)], [(c)], [(d)]”.

9

In Form 210—

• (a) for the heading there shall be substituted the following new heading:

• (b) for the words “Article 36” in the body of the Form there shall be substituted the words “Article 31”.

10

In Form 211—

• (a) for the heading there shall be substituted the following new heading:

• (b) for the words:

• (i) “Article 36” in paragraph 1 there shall be substituted the words “Article 31”;

• (ii) “Article 36(1)[(a)], [(b)], [(c)], [(d)]” in the final paragraph there shall be substituted the words “Article 31(1)[(a)], [(b)], [(c)], [(d)]”.

11

In Form 307—

• (a) for the heading there shall be substituted the following new heading:

• (b) for the words “Article 6(5) or (6)” there shall be substituted the words “Article 5(5) or (6)”.

Signed

A. R. Hart — John J. Curran — T. A. Burgess — Barry Valentine — H. McM. Keegan — Brian F. Walker — G. H. Keatley — Dated 30th January 1997.

After consultation with the Lord Chief Justice, I allow these Rules which shall come into operation on 20th February 1997.

Mackay of Clashfern, C. — Dated 17th February 1997.

Explanatory note

(This note is not part of the Rules.)

These Rules amend the County Court Rules (Northern Ireland) 1981 by the substitution of a new Order 48 providing for the procedure to be followed in connection with applications to the county court under the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996. The associated Forms have also been revised and certain new Forms have been included.

These Rules also modify Schedule 1 to the Licensing (Northern Ireland) Order 1996 and Schedule 2 to the Registration of Clubs (Northern Ireland) Order 1996 by providing for the making of objections to certain applications under the said Orders.

Footnotes

[^f00001]: S.I. 1980/397 (N.I. 3)

[^f00002]: S.I. 1996/3158 (N.I. 22)

[^f00003]: S.I. 1996/3159 (N.I. 23)

[^f00004]: S.R. 1981 No. 225

[^f00005]: S.I. 1996/3158 (N.I. 22)

[^f00006]: S.I. 1996/3159 (N.I. 23)

[^f00007]: S.I. 1992/235 (N.I. 3)

[^f00008]: S.I. 1985/1208 (N.I. 15)