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Protection Orders

A Protection Order may be applied for at the same time as applying for a transfer of licence. The effect of the Protection Order is to allow the person applying for the transfer of licence to continue to run a premises and sell intoxicating liquor as if they were the licence holder until the transfer of the Justices' Licence has been completed up to a maximum period of 4 months.

Section 12 of the Licensing Ordinance relates to Protection Orders.

Section 12

(1) A person who proposes to apply for the transfer of a justices' licence for any premises may apply to a court of summary jurisdiction for the grant of an authority, in this Ordinance called a "protection order" to sell intoxicating liquor on the premises, and the court may grant the protection order if it is satisfied that the applicant is a person to whom the licensing justices could grant a transfer of the licence.

(2) The authority conferred by a protection order in respect of any premises shall be the same as that conferred by the justices' licence in force (or last in force) for those premises; and, while the order is in force, the enactments relating to the sale of intoxicating liquor and to licensed premises (other than those relating to the renewal or transfer of licences or to protection orders) shall apply to the person granted the order as if he were the holder of that licence.

(3) Where-

(a) a justices' licence for any premises is forfeited for the first time by virtue of a second or subsequent conviction under section 60;

(b) a justices' licence for any premises is forfeited by order of a court of summary jurisdiction made on complaint under section 15(3); or

(c) a justices' licence for any premises is forfeited by virtue of an order of any court under section 67(9); or

(d) the holder of a justices' licence for any premises becomes disqualified for holding a justices' licence by reason of being imprisoned as mentioned in section 11(1)(aa)(iii),

a court of summary jurisdiction may grant a protection order to any owner of the premises or any other person authorized by an owner of the premises, notwithstanding the forfeiture or the previous licence holder's disqualification; but not more than one protection order may be granted under this subsection on any such forfeiture or disqualification.

(4) A protection order shall remain in force for a period of four months from the date on which it was granted, except that it shall cease to have effect before that time on the coming into force of a justices' licence granted by way of transfer of the licence for the premises or the coming into force of a further protection order for the premises.

Application for a Protection Order

Fees:

Upon application: £50

Upon grant: £60