X hits on this document





12 / 43


authority raises the same issues, or substantially the same issues, as were raised by the earlier application,

the further application shall not be considered unless the licensing authority grants special leave.

[Section 11 amended by 1998 : 9 effective 15 May 1998]

Objection to grant or transfer of licence


(1) Any person ordinarily resident in the parish in which the premises sought to

be licensed are located, or any person in any other parish being the owner or occupier of any property lying within three hundred yards of such premises, or the Commissioner of Police, may object to the grant or transfer of a licence in respect of those premises; and

where objection is made the following provisions shall have effect—

(a) written notice stating in general terms the grounds of objection to the grant or transfer shall be served on the licensing authority and on the applicant, and, where the person objecting to the application is not the Commissioner of Police, on the Commissioner of Police, in each case not less than three days before the date set by the licensing authority for hearing the application;

    • (b)

      in the event of failure to comply with paragraph (a) the licensing authority, upon such terms as to payment of costs and expenses as may seem just, may adjourn any hearing to enable at least three days to elapse between service of the notice and the hearing;

    • (c)

      the licensing authority may direct or permit the amendment of any notice;

    • (d)

      the licensing authority may, subject to such conditions as it thinks fit to impose, allow a number of persons qualified under this subsection to be represented for the purposes of the objection by a person, whether or not himself so qualified, appointed by them.

  • (2)

    The licensing authority, in considering any objection, shall receive evidence on

oath, and any member of the licensing authority present at the hearing may administer such oath.

(3) A licensing authority shall have the same powers with regard to compelling the attendance and examination of witnesses as are conferred on a court of summary jurisdiction by the Summary Jurisdiction Act 1930 [title 8 item 34] and it shall be the duty of any police officer to whom any summons or warrant signed by the presiding member of the licensing authority is issued to serve or execute the same in the manner required by section 8 of that Act.

(4) Witness money shall be allowed to witnesses as prescribed in section 11 of the Summary Jurisdiction Act 1930, and shall be paid by the person at whose request such witnesses are summoned, who shall, on being so required by the licensing authority, deposit such sum as the authority may require to cover such witness money, the unexpended balance of which shall be refunded to the depositor.


Document info
Document views72
Page views72
Page last viewedThu Oct 27 01:49:45 UTC 2016