69E Publication of notice of application for licences and variations in localities affected.

1

Subject to subsection (4) of this section, the licensing authority to whom—

a

any application for an operator’s licence; or

b

any application for a direction such as is mentioned in subsection (2) of this section,

is made shall refuse the application without considering its merits, unless he is satisfied that subsection (3) of this section has been complied with in respect of each locality affected by the application.

2

The directions referred to in subsection (1)(b) of this section are—

a

any direction under section 68(1)(a) of this Act that a maximum number specified in a licence under section 61A of this Act be increased;

b

any direction under section 68(1)(c) or (e) of this Act;

c

any direction under section 68(1)(g) of this Act that a new place be specified in a licence as an operating centre of the licence-holder; and

d

any direction under section 68(1)(h) or (i) of this Act which might result in a material change in the use of any operating centre of the licence-holder in the licensing authority’s area.

3

This subsection has been complied with in respect of a locality affected by an application if, within the period beginning twenty-one days before the date on which the application is made and ending twenty-one days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.

4

The licensing authority is not required by this section to refuse an application if—

a

he is satisfied as mentioned in subsection (1) of this section, save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements; and

b

he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.

5

For the purposes of this section a locality is affected by an application for, or for the variation of, an operator’s licence if—

a

it contains any place in the area of the licensing authority that will be an operating centre of the licence-holder if the application is granted; or

b

(in the case of an application for variation) it contains an existing operating centre of the licence-holder in the area of the authority and—

i

the granting of the application would or could result in an increase in the number of vehicles, or the number of vehicles above a certain weight, that have that centre as their operating centre; or

ii

any undertaking recorded in or condition attached to the licence that the application seeks to have varied or removed relates to that centre.