Dungannon and South Tyrone Borough Council

An applicant:

• must be at least 18 years old
• must not be disqualified from holding a licence
• must have been resident in an EEA state at least six months immediately before the application or, if a body corporate, must be incorporated in the EEA.
• must not have been refused the grant or renewal of a licence for the premises in question within the last 12 months unless the refusal has been reversed on appeal

An application may be refused if -

(a) the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason;
(b) the business to which the application relates would be managed by, or carried on for the benefit of, a person, other than the applicant, who would be refused a licence if he made the application himself;
(c) the number of sex establishments in the relevant locality at the time the application is made is equal to or exceeds the number (which may be nil) which the authority consider is appropriate for that locality;

or

(d) it would be inappropriate to grant the application, having regard to -
(i) the character of the relevant locality;
(ii) the use to which any premises in the vicinity are put; or the layout, character or condition of the premises concerned
Regulation Summary Legislation on licensing sex establishment

Fees will be payable for applications and conditions may be attached. The fees charged by Dungannon and South Tyrone Borough Council are currently

1. For the grant of a licence: £2,000 with a refund of £500 on refusal;

2. For the renewal of a licence: £1000 fee with £500 refunded on refusal; and

3. For the transfer of a licence: £375 fee.

Applications must contain any information the local authority requires, as well as the applicant's name, address and, where the applicant is an individual, their age, plus the address of the premises. Documentation that must be sent as part of the application is as follows:

1. 3 Plans of the premises (of scale 1:50)

2. Relevant certification from Building Control in relation to any works

3. Certification in relation to periodic testing of the electrical installation

4. Certification in relation to annual testing of emergency lighting

5. Certification in relation to annual testing of fire alarm systems

6. Certification in relation to annual testing of Fire Fighting Equipment

7. Declaration of Public Liability Insurance

8. Declaration of consent to Criminal Convictions Record Check

9. Photographs of person/s who will be managing and/ or assisting to manage the premises

Applicants must give public notice of their application by publishing an advertisement in two local newspapers and copies of these provided.

Applicants must also give public notice of their application by placing a notice on or near the premises to be used for a period of 21 days and the appropriate declaration signed and returned.

Standard forms for public notices, declaration of public liability insurance and consent to Criminal Convictions Record Check can be downloaded by clicking here

Please contact Dungannon and South Tyrone in the first instance.
Any applicant who is refused a licence, or refused the renewal of a licence, may, within 21 days of being notified of the refusal, appeal to the local magistrates' court.

However, the right to appeal does not apply where the licence was refused on the grounds that:

• the number of sex establishments in the area exceeds the number which the authority consider is appropriate
• the grant of the licence would be inappropriate considering the character of the area, the nature of other premises in the area, or the premises themselves

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

Any person objecting to an application for the grant, renewal or transfer of a licence may give written notice of their objection to the relevant authority, stating the grounds of the objection, within 28 days of the date of the application.

Any complaints concerning how a licensed premises is operated should be made directly to the environmental health department on 028 8772 0366, or by emailing environmental.health@dungannon.gov.uk
 

Licence holders may at any time apply to the authority for a variation of the terms, conditions or restrictions in their licence.

If an application for a variation is refused, or if the licence is revoked, the licence holder may, within 21 days of being notified of the imposition of, or the refusal to vary, the term, condition or restriction in question, or of the revocation, appeal to the local magistrates' court.

A licence holder may also appeal to the crown court against a decision of a magistrates' court.