Supreme Court
Action No. 139 of 1983
31st May, 1983.
Alcantara, J., OBE

Mr. Dean Barrow for the Applicant.
Mr. Norman Neal, Crown Counsel appears.

Application for an order of Certiorari - decision of Liquor Licensing Board - refusal of application for Publican Special Licence based on objection of police - Board not properly constituted - breach of Section 12(4) of the Intoxicating Liquor Licensing Ordinance - failure to comply with Section 17(3) of Ordinance - applicant not given opportunity to meet objection- denial of natural justice - order granted

JUDGMENT

This is an application for an Order of Certiorari arising out of a decision dated 11th day of April, 1983 by the Liquor Licensing Board of the Corozal Judicial District.

The grounds upon which relief is sought are as follows:

(1) That the said Board was not properly constituted since by Section 12(4) of the Intoxicating Liquor Licensing Ordinance the Board may only act by at least four of its members. The purported decision of three members of the Board was therefore a nullity.

(2) In any event, the Board purported to deny the Applicant a licence without according the Applicant a hearing, in breach of the fundamental rules of natural justice and Section 12(6) of the Ordinance.

(3) The Board purported to deny the Application on the basis of an objection lodged, although the objection did not come within the requirements of Section 17(3) of the Ordinance.

The applicant in his affidavit in support states in paras. 5, 6 and 7 as follows:

5. At the meeting held by the Board on the 11th April, l983 to consider applications and objections thereto, I was called by the three members of the Board who were present and told summarily that my application for a licence was being refused because of the said petition.

6. I was never given a chance to make representations on my own behalf, or to meet the objection raised by the petition, or indeed to say anything.

7. In the premises the rules of natural justice were denied me, since there was a failure to hold a hearing and to allow me to state my case.

There is an affidavit in reply by the Clerk of the Liquor Licensing Board, Corozal District. The affidavit does not state that the applicant had an opportunity to meet the objections. Paragraphs 4, 6 and 7 reads as follows:

4. On the 11th April, l983 a meeting of the Liquor Licensing Board was held.

6. The Police objected to the grant of a licence on the ground that the premises were likely to become a nuisance to the neighbourhood.

7. The applicant, GERSON ZETINA'S application for PUBLICAN SPECIAL LICENCE was refused by the Board.

With reference to ground No.1 there is an admission that only 3 members of the Liquor Licensing Board sat to hear the application. This is contrary to Section 12 (4) of the Intoxicating Liquor Licensing Ordinance. Similarly there has been a non-compliance with Section 17(3) of the Ordinance which states that notice of an objection must be given to the Board and the applicant no less than 10 days before the day fixed for the hearing of the application. On the affidavit of the Clerk to the Liquor Board only 5 day's notice was given.

There was a complete denial of natural justice in not giving the applicant an opportunity to meet the objections to his application.

Certiorari to issue. The application should be heard before a properly constituted Board and the applicant should be given full opportunity to meet any of the objections. The applicant to have the costs of this application.

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