LIQUOR CONTROL ACT 1988 - SECT 16
LIQUOR CONTROL ACT 1988 - SECT 16
16 . Procedure, sittings, use of experts, evidentiary rules etc.
(1) In any proceedings
under this Act, the licensing authority, however constituted —
(a)
shall act without undue formality; and
(b) may
—
(i)
obtain information as to any question that arises for
decision in such manner as it thinks fit; and
(ii)
make its determination on the balance of probabilities;
and
(c) may,
upon its own motion or upon the application of any party, adjourn the hearing
or further hearing of any application or matter from time to time either to
the same place or to any other place; and
(d) may
consider and dismiss or determine applications, and receive submissions and
representations in relation to any application before it, as it thinks fit.
(2) The licensing
authority, when constituted by the Commission —
(a) may
sit at such times and such places as it thinks fit; and
(b) may
exercise in Chambers any jurisdiction of the Commission.
(3) The licensing
authority, when constituted by the Director, may conduct or arrange hearings,
meetings, consultations, and negotiations as the Director thinks fit, at such
times and places as the Director may appoint.
(4) Any application,
or any step taken in proceedings, may be set aside for irregularity —
(a) by
the Commission, if a requirement or order of the Commission is contravened; or
(b) by
the Director, if a requirement or order of the Director is contravened,
by the person by whom
or on whose behalf that application is made or those proceedings are taken.
(5) Subject to this
Act, the procedure of the licensing authority shall be determined —
(a) when
any application or matter is before the Commission or within the jurisdiction
of the Commission, by the Commission; but
(b)
otherwise, by the Director.
(6) The Commission may
appoint —
(a)
counsel to argue or make representations as to any matter before the
Commission; or
(b) an
independent expert to inquire into and report upon any question of fact or
opinion not involving a question of law.
(7) The
Evidence Act 1906 does not apply to the proceedings of the licensing
authority, however constituted, and the licensing authority —
(a) is
not bound by the rules of evidence or any practices or procedures applicable
to courts of record, except to the extent that the licensing authority adopts
those rules, practices or procedures or the regulations make them apply; and
(b) is
to act according to equity, good conscience and the substantial merits of the
case without regard to technicalities and legal forms; and
(c) is
to act as speedily and with as little formality and technicality as is
practicable.
(8) The hearing of a
proceeding before the Commission must be in public unless the Commission
considers that, in the circumstances of the case, the hearing should be in
private.
(9) When the hearing
of a proceeding before the licensing authority, however constituted, is in
private, the licensing authority, of its own motion or on the application of a
party to the proceeding, may —
(a)
subject to section 17, give directions as to the persons who may be present;
and
(b) give
directions prohibiting or restricting the publication of evidence given before
the licensing authority or of matters contained in documents lodged with the
licensing authority or received in evidence by the licensing authority; and
(c) give
directions prohibiting or restricting the disclosure, to some or all of the
parties to a proceeding, of evidence given before the licensing authority, or
of the contents of a document lodged with the licensing authority or received
in evidence by the licensing authority, in relation to the proceedings.
(10) In considering
—
[(a) deleted]
(b)
whether publication or disclosure, to some or all of the parties, of evidence
given before the licensing authority, or of a matter contained in a document
lodged with the licensing authority or received in evidence by the licensing
authority, shall be prohibited or restricted,
the Commission shall
take as the basis of its consideration the principle that it is desirable that
evidence given before the Commission and the contents of documents lodged with
the licensing authority or received in evidence by the licensing authority
should be made available to all the parties, but shall pay due regard to any
reasons given to the licensing authority why the publication or disclosure of
the evidence or the matter contained in the document should be prohibited or
restricted.
(11) Subject to
subsections (8) and (9) and section 30, the licensing authority must ensure
that each party to proceedings is given a reasonable opportunity to —
(a)
present its case to the licensing authority; and
(b)
inspect any documents —
(i)
to which the licensing authority proposes to have regard
in making a determination in the proceedings; and
(ii)
that are relevant to the party’s case;
and
(c) make
submissions in relation to any documents inspected under paragraph (b).
(12) Where
applications are heard together, the evidence relating to one of them is
evidence relating to the other or others.
(13) If, in respect of
anything done or omitted to be done under this Act —
(a)
proceedings are brought against a person; and
(b) the
licensing authority wishes to make a determination under this Act,
the licensing
authority may make the determination despite the bringing of the proceedings.
(14) If a person is
convicted of an offence against this Act, the registrar of the court in which
that conviction occurred shall, as soon as practicable after the conviction,
give notice in writing of the conviction to the Director.
[Section 16 amended: No. 12 of 1998 s. 10(2), (3),
(4) and (5) and 11; No. 27 of 2000 s. 13; No. 59 of 2004 s. 141; No. 73 of
2006 s. 13 and 106; No. 56 of 2010 s. 37; No. 9 of 2018 s. 8.]