Misbehavin' Limited's Application
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 24 September 2004 |
| Neutral Citation | [2004] NIQB 61 |
| Date | 24 September 2004 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2004 |
1
Neutral Citation no. [2004] NIQB 61
Ref:
WEAF5016
Judgment: approved by the Court for handing down Delivered:
24/09/2004
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY MISBEHAVIN’ LIMITED
FOR JUDICIAL REVIEW
IN THE MATTER OF AN APPLICATION BY IAN BROWN FOR
JUDICIAL REVIEW
_________
WEATHERUP J
The applications
[1] These two applications concern the decisions of District Councils on
the licensing of sex establishments under Article 4 of the Local
Government (Miscellaneous Provisions) (Northern Ireland) Order 1985.
The first application concerns a decision of Belfast City Council dated 13
March 2003 to refuse a licence for premises at Gresham Street, Belfast. The
second application concerns a decision of North Down Borough Council
dated 9 April 2003 to refuse a licence for premises at Bingham Mall,
Bangor. Mr Larkin QC and Mr Reed appeared for the first applicant, Mr M
Lavery QC and Mr M Lavery appeared for the second applicant and Mr
O’Hara QC and Mr Scoffield appeared for both respondents.
The Local Government (Miscellaneous Provisions) Act (NI) 1985
[2] Schedule 2 of the 1985 Order provides for the licensing of sex
establishments. By paragraph 2 “sex establishment” means a sex cinema or
a sex shop.
Paragraph 4 provides a definition of “sex shop” and it applies to the
premises proposed to be licensed by the applicants.
Paragraph 6 imposes a requirement for licences for sex
establishments in any district in which the schedule is in force and that
2
applies to the districts of Belfast City Council and North Down Borough
Council.
Paragraph 8 provides that the Council may grant a licence for a sex
establishment on such terms and conditions and subject to such
restrictions as may be specified.
Paragraph 10 provides for applications for licences and includes in
particular the following sub paragraphs –
(15) Any person wishing to make any
representation in relation to an application for the
grant, renewal or transfer of a licence under this
Schedule shall give notice to the council, stating in
general terms the nature of the representation not
later than 28 days after the date of the application.
(16) Where the council receives notice of any
representation under subparagraph (15), the
council shall, before considering the application,
give notice of the general terms of the
representation to the applicant.
(17) The council shall not without the consent of
the person making the representation reveal his
name or address to the applicant.
(18) In considering any application for the grant,
renewal or transfer of a licence the council shall
have regard to any observations submitted to it by
the appropriate sub-divisional commander and to
any representation of which notice has been sent to
it under sub-paragraph (15).
(19) The council shall give an opportunity of
appearing before and of being heard by the
council-
(a) before refusing to grant a licence, to the
applicant;
(b) before refusing to renew a licence, to the
holder; and
(c) before refusing to transfer a licence, to
the holder and the person to whom he
desires that it shall be transferred.
(20) Where the council refuses to grant, renew or
transfer a licence, it shall, if required to do so by
the applicant or holder of the licence, give him a
statement in writing of the reasons for its decision
within 7 days of his requiring it to do so.
Paragraph 12 provides for the refusal of licences as follows –
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