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Local Government (Miscellaneous Provisions) Act 1982

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This is the original version (as it was originally enacted).

10(1)An application for the grant, renewal or transfer of a licence under this Schedule shall be made in writing to the appropriate authority.

(2)An application made otherwise than by or on behalf of a body corporate or an unincorporated body shall state—

(a)the full name of the applicant;

(b)his permanent address ; and

(c)his age.

(3)An application made by a body corporate or an unincorporated body shall state—

(a)the full name of the body ;

(b)the address of its registered or principal office ; and

(c)the full names and private addresses of the directors or other persons responsible for its management.

(4)An application relating to premises shall state the full address of the premises.

(5)An application relating to a vehicle, vessel or stall shall state where it is to be used as a sex establishment.

(6)Every application shall contain such particulars as the appropriate authority may reasonably require in addition to any particulars required under sub-paragraphs (2) to (5) above.

(7)An applicant for the grant, renewal or transfer of a licence under this Schedule shall give public notice of the application.

(8)Notice shall in all cases be given by publishing an advertisement in a local newspaper circulating in the appropriate authority's area.

(9)The publication shall not be later than 7 days after the date of the application.

(10)Where the application is in respect of premises, notice of it shall in addition be displayed for 21 days beginning with the date of the application on or near the premises and in a place where the notice can conveniently be read by the public.

(11)Every notice under this paragraph which relates to premises shall identify the premises.

(12)Every such notice which relates to a vehicle, vessel or stall shall specify where it is to be used as a sex establishment.

(13)Subject to sub-paragraphs (11) and (12) above, a notice under this paragraph shall be in such form as the appropriate authority may prescribe.

(14)An applicant for the grant, renewal or transfer of a licence under this Schedule shall, not later than 7 days after the date of the application, send a copy of the application to the chief officer of police.

(15)Any person objecting to an application for the grant, renewal or transfer of a licence under this Schedule shall give notice in writing of his objection to the appropriate authority, stating in general terms the grounds of the objection, not later than 28 days after the date of the application.

(16)Where the appropriate authority receive notice of any objection under sub-paragraph (15) above, the authority shall, before considering the application, give notice in writing of the general terms of the objection to the applicant.

(17)The appropriate authority shall not without the consent of the person making the objection reveal his name or address to the applicant.

(18)In considering any application for the grant, renewal or transfer of a licence the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and any objections of which notice has been sent to them under sub-paragraph (15) above.

(19)The appropriate authority shall give an opportunity of appearing before and of being heard by a committee or sub-committee of the authority—

(a)before refusing to grant a licence, to the applicant;

(b)before refusing to renew a licence, to the holder ; and

(c)before refusing to transfer a licence, to the holder and the person to whom he desires that it shall be transferred.

(20)Where the appropriate authority refuse to grant, renew or transfer a licence, they shall, if required to do so by the applicant or holder of the licence, give him a statement in writing of the reasons for their decision within 7 days of his requiring them to do so.

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