2.2.1 Legal requirements for Step 2: what the Act says

Who can make decisions on applications?

A district licensing committee (DLC) may decide any application for a licence (s 104), renewal (s 130) or manager’s certificate (s 221). With the leave of the chair of ARLA the DLC may refer an application to ARLA for a decision. The DLC must give ARLA the complete file for any application to be decided by ARLA (ss 104, 130 and 221).

The chair may form a quorum of one where there is no agency opposition or public objection, to make decisions on applications for a (s 191):

  • licence or renewal of a licence (s 134)
  • manager’s certificate or renewal of a manager’s certificate
  • temporary authorities (s 134)

Considerations when making a decision on an application

In deciding whether to issue a licence or a manager’s certificate the DLC must have regard to the criteria set out in the following sections:

  • New licences  (ss 105 and 106) 
  • Renewals  (s 131)
  • Special licences  (s 142)
  • Manager’s certificates  (ss 222 and 227)

What the decision must cover

The decision of the DLC (or ARLA) on an application must be given in writing and must meet the criteria of (s 211) The decision must include:

  • the reasons for the decision
  • what reports on the application were received
  • the attitude towards the application of every report (in general terms only ie, opposed or unopposed).

Who must receive a copy of the decision?

Under (s 211) the DLC must give a copy of the decision to:

  • the applicant
  • each objector who appeared at the hearing
  • any other objector who requests a copy
  • the Police, the inspector and the Medical Officer of Health.

Back to 2.2 Step 2 - The DLC chair considers the application 

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