Gaming Act 1968 (repealed)

Proceedings on application for grant or renewal E+W+S

14 (1) On any application for the grant or renewal of a licence under this Act, the licensing authority may grant or renew the licence without hearing the applicant if no objection to the grant or renewal has been made by any person or if every such objection has been withdrawn before the beginning of the meeting of the authority at which the authority considers the application. E+W+S

(2) Except as provided by the preceding sub-paragraph, on any such application any of the following persons, that is to say—

(a) the applicant;

(b) any person from whom an objection in writing which has not been withdrawn was received by the [F1 proper officer of] the licensing authority before the date on which he sent to the applicant the notice required by paragraph 7(2) F2 . . ., or (as the case may be) the copy of that objection required to be sent to him by [F3 paragraph 13(5)], of this Schedule; and

(c) the person making any other objection which the authority have decided under paragraph 15 of this Schedule that they will hear,

shall be entitled to be heard either in person or by counsel or a solicitor; and the authority shall also hear any representations made by or on behalf of the Board, the appropriate officer of police, the appropriate local authority, the Commissioners of Customs and Excise or the appropriate [F4 fire authority] [F4 fire and rescue authority].

Textual Amendments

F1 Sch. 2 para. 14(2): by 1999 c. 22, ss. 90, 108(1), Sch. 13 para. 58(7) (with s. 107, Sch. 14 para. 7(2)) it is provided that for the words "clerk to" in para. 14(2)(a) there shall be substituted the words "proper officer of" (which words "clerk to" appear only in para. 14(2)(b)); the amending provision being brought into force on 1.4.2001 by S.I. 2001/916, art. 2(a)(ii)

F2 Words repealed by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 6(2)

F3 Words substituted by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 9

F4 Words in Sch. 2 para. 14(2) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 24(3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

15 E+W+S Where, in the case of an application for the grant or renewal of a licence under this Act, an objection to the grant or renewal is received by the [F5 proper officer of] the licensing authority on or after the date referred to in paragraph 14(2)(b) of this Schedule, the authority—

(a) may refuse to entertain the objection, or

(b) may entertain it but, unless the applicant requests otherwise, shall not hear it until the objector has given to the [F5 proper officer] and to the applicant, and the applicant has had time to consider, a brief statement in writing of the grounds of the objection.

Textual Amendments

F5 Words in Sch. 2 para. 15 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 58(8) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

16 E+W+S A licensing authority may from time to time adjourn the consideration of any application for the grant or renewal of a licence under this Act, whether for the purposes of paragraph 15 of this Schedule or for any other purpose.

17 E+W+S On the consideration of any application for the grant or renewal of a licence under this Act, a licensing authority may take evidence on oath and may make such order as they think fit for the payment of costs (or, in Scotland, expenses)—

(a) by the applicant to any person who made an objection to the grant or renewal which was not withdrawn before the date referred to in paragraph 14(2)(b) of this Schedule, or

(b) by any such person to the applicant.