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LIQUOR LICENCE ACT 1974

  • (a)

    that on the facts before the licensing authority the decision was unreasonable and cannot be supported; or

  • (b)

    that the licensing authority erred on a question of law which was material to the decision,

but on no other ground.

(4) Any interested person who wishes to appeal against a decision of the licensing authority shall give notice of appeal to the chairman within ten days after the day on which the decision was given; and any such notice of appeal—

  • (a)

    shall be in writing signed by the appellant or by counsel on his behalf;

  • (b)

    shall set out the grounds of the appeal; and

  • (c)

    shall be duly given if served personally on the chairman within the time

limit as aforesaid.

  • (5)

    On notice of appeal being duly given under this section the chairman—

    • (a)

      shall within five days after the day on which notice of appeal is given transmit to the Registrar the following documents, together with two copies of each document, that is to say—

        • (i)

          the notice of appeal;

        • (ii)

          a copy of the record of proceedings before the licensing authority;

      • (iii)

        a copy of any notice of objection given under section 12;

      • (iv)

        if the appeal is on the ground that the licensing authority erred on a material question of law, a case stated (on that question of law) by the chairman; and

    • (b)

      shall within the same time transmit to the appellant, to any person in whose favour the licensing authority have made the decision by which the appellant is aggrieved and to the Attorney General copies of the documents specified in paragraph (a).

  • (6)

    The Registrar, upon receiving the documents referred to in subsection (5)—

    • (a)

      shall enter the appeal; and

    • (b)

      shall in due course give notice to the appellant and to the Attorney General of the date on which the appeal will be heard by the Supreme Court.

  • (7)

    The Attorney General shall be entitled to appear and be heard on any appeal

to the Supreme Court under this section.

Determination of appeals

24

(1) An appeal under section 23 shall be by way of argument upon the record of the

proceedings before the licensing authority but the Supreme Court, if it thinks fit, may admit

further evidence, either orally or by affidavit.

23

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