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Grounds of refusal

Cap. 150, s. 20 · Revised Edition 2020

(1) The Board may refuse to grant a certificate or permit transfer of a licence on any of the following grounds, (a) that the applicant is of bad fame or character or of drunken habits or habitually permitting Intoxicating Liquor Licensing [CAP. 150 23 or suffering breaches of the provisions of this Act or the rules or of the conditions endorsed on the licence or habitually permitting or suffering any nuisance or unsanitary conditions being created by persons to whom liquor is sold on his premises; (b) that the premises do not satisfy the requirements of this Act or of the rules, and, if the premises are not subject to such requirements, that they are not suitable or do not contain proper accommodation, facilities and conveniences; (c) that the premises are in the vicinity of a place of public worship, school, hospital; (d) that there are already a sufficient number of licensed premises within the boundaries of the district, town or area or in the part whereof or of the neighborhood in which the licence for any premises is sought; (e) that there is frequent drunkenness on the premises or that persons are frequently seen leaving the premises in a state of drunkenness or that persons in the premises frequently behave in a disorderly manner; (f) that the premises are likely to become a nuisance to the neighborhood; (g) that the particulars in the application or relative documents are inaccurate or incomplete. (2) The Board may refuse to grant a certificate to a club or permit transfer of a licence to it on any ground set out in 24 subsection (1) of this section, and in addition on any of the following grounds, (a) that any member of the committee of management does not bear a good character; (b) that the club has in fact and in practice ceased to exist as a club, although its printed rules appear to be in order; (c) that it is not conducted in good faith as a club, or that it is kept or used for sale of liquor without discrimination as regards the persons to whom the liquor is sold or for some improper purposes; (d) that persons who are not members are habitually admitted into the clubs for the purpose of obtaining liquor; (e) that persons are habitually admitted as members without an interval of at least fourteen days between the nomination and the admission; (f) that the sale of liquor is not under the control of the members or the committee of the club; (g) that a person has been denied admission into the club as a member or a guest on the grounds of colour, race, creed, ethnicity, sex or nationality; (h) that the rules of the clubs are habitually broken; (i) that the evidence given as to the objects of the club or its system of management, or as to Intoxicating Liquor Licensing [CAP. 150 25 the character of the club’s premises is unsatisfactory; (j) that the club is unregistered under the Clubs (Registration) Act, Cap. 312. (3) Any person shall be at liberty to oppose the grant of a certificate or transfer of a licence on any of the grounds set out in this section if and only if, (a) he has given written notice to the Board and to the applicant of his intention to oppose the grant, and has stated in such notice in general terms, the grounds of opposition and the facts in support thereof; and (b) such notice has been given to the Board and to the applicant not less than ten days before the day fixed for the hearing of the
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