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The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 charges District Councils with the responsibility of licensing places of indoor or outdoor entertainment.
The type of entertainment and size of venue may vary greatly, for example:
- Theatrical performances
- Music, singing, dancing, or similar entertainments
- Boxing, wrestling, judo or karate matches or exhibitions and similar sports
- Snooker, pool and darts matches or exhibitions and similar games
- Video machines
The licensing requirements generally apply to public or private property whether indoor or outdoor.
Premises must meet certain technical requirements before a licence can be granted and must comply with any conditions attached to a Licence once issued.
Application Evaluation Process
Applications must include:
- Two copies of plans of the building if applying for the first time, or if any alterations or extensions have been carried out since the premises were previously licensed.
- Certification of testing/provision of fire fighting equipment
- Certification of installation/testing fire alarm systems
- Certification of installation/testing of emergency lighting systems
- A Periodic Inspection Report on the Electrical Installation
- Certification of public liability insurance
- Certification in respect of flammability of curtains, carpets, chair coverings etc
- Payment of appropriate fee
Applicants must also give public notice of the application in two designated newspapers either:
Fermanagh Herald and Impartial Reporter, OR Tyrone Constitution and Ulster Herald.
This permits members of the public 28 days to make representations in relation to the application.
The Police Service of Northern Ireland and the Northern Ireland Fire and Rescue Service will be consulted and their comments will be taken into consideration when deciding whether or not the licence should be granted.
Inspection(s) of the premises will be carried out by the Council before any application can be approved. This may require works to be carried out to enhance fire safety.
The Council will consider the application:
- On receipt of all certification, any comments from PSNI and NIFRS, and following an inspection of the premises.
- After a reasonable period of time with a recommendation that the application be refused if all the application criteria has not been met.
Where representations have been received, either from members of the public, or the statutory consultees, the applicant and those who made representations will be offered the opportunity to appear before the Council and such representations will be considered before a decision on the application is made.
Fees apply to all Licences. View here. Table of fees.
Will Tacit Consent Apply?
Yes. Tacit authorisation will apply in respect of applications for Entertainment Licence unless representations are received following public notice of the application being advertised in the press.
Following receipt of an application, appropriate payment, all relevant documentation and after the expiry of 28 days from notice of the application is given in the designated local press, the application will be considered to be ‘complete’. The Council will consider the application and notify the applicant of their decision to approve or refuse the application within 12 weeks from the date the application is ‘complete’.
Applicants will be notified immediately if representations have been made in respect of an application.
If an Application is Refused
The Council will serve a notice of its intention to refuse an application for a licence and the applicant will be offered the opportunity to make representations to the Council before a final decision to refuse is taken.
Where an application for the grant, renewal, transfer or variation of licence is refused the applicant has the right of appeal under Article 13 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 to the County Court within 21 days of notification of the refusal.
An applicant can also appeal any term, conditions or restriction imposed on them as part of the licence. Again this appeal must be made to the County Court within 21 days of being notified of the term or condition.
In the event of a complaint the first contact should be made with the District Council. Alternatively in the UK, Citizens advice bureau will give you advice. From outside the UK contact the UKEuropean Consumer Centre.
Any complaints, concerning entertainment, including complaints about breach of conditions of licence, notice, etc should be made directly to the District Council.
A register of licensed premises can be provided on request.
Under the Data Protection Act, Fermanagh and Omagh District Council has a legal duty to protect any information we collect about you. It will not be disclosed to any third party unless law or regulation compel such disclosure or unless we have been specifically asked to do so in order to deliver a service which you have requested.
Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985