202 Procedure

(1)

If no objection to an application is filed within the prescribed time, the licensing authority or licensing committee concerned may either grant the application on the papers or convene a public hearing to consider the application.

(2)

With the leave of the chairperson of the licensing authority, a licensing committee may refer the matter to the licensing authority for decision.

(3)

Where an objection is filed within the prescribed time, the licensing authority or licensing committee concerned must convene a public hearing to consider the application, unless—

(a)

the application is withdrawn; or

(b)

having considered the application, the authority or committee believes that the objection is vexatious or based on grounds outside the scope of this Act; or

(c)

the objector does not require a public hearing.

(4)

The licensing authority or licensing committee concerned must give at least 10 working days’ notice of the public hearing to—

(a)

the applicant; and

(b)

each objector; and

(c)

the constable, the inspector, and the Medical Officer of Health, to whom a copy of the application has been sent in accordance with this Act.

(5)

The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the licensing authority or the chairperson considers it appropriate and the necessary facilities are available.

Compare: 1989 No 63 s 106

Section 202(5): inserted, on 14 November 2018, by section 270 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).