Cherryhill Hospitality Ltd re: 30 Main Street, Ballynahinch - application for grant of a licence

LICENSING (NORTHERN IRELAND) ORDER 1996

(Articles 2, 5(1)(a), 7 and Schedule 1)

Notice of application for the grant of a 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

IN THE COUNTY COURT FOR NORTHERN IRELAND

SOUTH EASTERN ADMINISTRATIVE COURT DIVISION

SITTING AT DOWNPATRICK

TAKE NOTICE that we Cherryhill Hospitality Ltd (company number NI731844) whose registered office address is 17 Clarendon Road, Clarendon Dock, Belfast, Northern Ireland, BT1 3BG intend to apply to the County Court sitting at The Courthouse, English Street, Downpatrick, BT30 6AB for the above division on the 7th day of September 2026 for the grant of a licence for the premises situated at 30 Main Street, Ballynahinch, BT24 8DN being such premises as are specified in Article 5(1)(a) of the Licensing (Northern Ireland) Order 1996, namely, premises in which the applicant intends to carry on only or principally the business of selling intoxicating liquor for consumption either in or off the premises.

AND TAKE NOTICE that this application will be dealt with by the Court on the 18th day of September 2026 commencing at 10.30 o’clock.

The applicant company is the owner of such business.

The applicant company is a limited liability company whose directors are Andrew Robert Davis and Jennifer Glynis Davis.

The above directors have executive control of the applicant company.

Andrew Davis, Jennifer Davis and Platinum Trustees Limited are the owners of the premises.

In accordance with Schedule 1 of the said Order and Rule 6 of Order 48 of the County Court Rules (Northern Ireland) 1981 attached to this notice is a copy of a plan of the said premises delineating:-

(a) the part or parts thereof in which intoxicating liquor is to be sold; and

(b) the extent of the premises which are or are to be extended, used or demolished.

There is in force planning permission to use the premises as premises of the kind specified in this notice for the period during which the licence would be in force and a copy of the planning permission is attached.

FURTHER TAKE NOTICE that we intend to apply under Article 44 of the said Order for an order of the above-named Court directing that, on such days as may be specified in the Order, the hours mentioned in Article 44 (2) of the said Order shall, in addition to those mentioned in Article 42(1) of the said Order, be included in the permitted hours for the parts of the premises delineated on the said plan on the grounds that the said parts of the said premises are:-

(a) structurally adapted and used, or intended to be used, for the purpose of habitually

providing, for the accommodation of persons frequenting the premises:

​ (i) musical or other entertainment; or

​ (ii) substantial refreshment; or

​ (iii) both such entertainment and refreshment; and

(b) the sale of intoxicating liquor is ancillary to that entertainment or refreshment.

A subsisting licence as defined in Schedule 2 of the said Order for the premises such as are specified in Article 5(1)(a) situated at “The Primrose Bar”, 30 Main Street, Ballynahinch will be surrendered to the Court.

FURTHER TAKE NOTICE that any person owning, residing or carrying on business in the vicinity of the premises for which the licence is sought who intends to object to the grant of the licence must, in accordance with paragraph 6 of Schedule 1 to the said Order serve notice of his intention to object upon the applicant (at its Solicitors address herein if required) and the Chief Clerk not less than one week before the opening of the Court sittings at which the application is to be heard specified herein.

The permissible ground of objection are such as are specified in Article 7(4 (a) to (e)(i) of the said Order, namely:

(i) failure to comply with the correct procedure;

(ii) the fitness of the applicant;

(iii) the applicant is unaware of its responsibilities under any code of practice with the

Department has approved;

(iv) the premises are not of the kind specified in this application;

(v) the unsuitability of the premises, and

(vi) where subject to Article 7(6) or Schedule 3, paragraph 6 of the said Order, the number

of licensed premises of that kind in the vicinity is or will be adequate.

In the case of the application under Article 44 the permissible grounds of objection are those specified under Articles 44 (1) and 44 (3) namely that the premises are not structurally suitable to be licensed under Article 44 or that the additional permitted hours or the business to be conducted during the additional permitted hours or any period immediately following their termination would be conducted so as to cause undue inconvenience to persons residing in the vicinity of the premises.



Dated this 30th day of July 2026

Signed: Shean Dickson Merrick, Solicitors for the Applicant,

38-42 Hill Street, Belfast, BT1 2LB

To:

(i) The Chief Clerk, The Courthouse, English Street, Downpatrick, BT30 6AB;

(ii) The Clerk of Petty Sessions, The Courthouse, English Street, Downpatrick, BT30 6AB (being the Petty Sessions District in which the premises are situated);

(iii) The Sub-Divisional Commander, Downpatrick PSNI Station, 3 Ballyhornan Road, Downpatrick, BT30 6RB (being the sub-divisional commander of the police sub-division in which the premises are situated;

(iv) The Sub-Divisional Commander, Musgrave PSNI Station, 60 Victoria Street, Belfast, BT1 3GL (being the sub-divisional commander of the police sub-division in which the applicant has its registered office);

(v) The Clerk of the Council, Newry, Mourne and Down District Council, Haughey House, Unit 19 Rampart Road, Greenbank Industrial Estate, Newry, BT34 2QU (being the district council for the district in which the premises are situated).