|
|
Application for grant of licence in connection with licensing scheme.
|
154.—(1) A person who claims, in a case to which a licensing scheme relates, that the operator of the scheme has refused to grant or to procure the grant to him or her of a licence in accordance with the scheme, or has failed to do so within a reasonable period, may apply to the Controller for an order under subsection (4).
|
|
| |
(2) A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme—
|
|
| |
(a) has refused to grant or to procure the grant to him or her of a licence, or has failed to do so within a reasonable period and that in the circumstances it is unreasonable that a licence should not be granted, or
|
|
| |
(b) proposes terms for a licence that are unreasonable,
|
|
| |
may apply to the Controller for an order under subsection (4).
|
|
| |
(3) A case shall be regarded as being excluded from a licensing scheme for the purposes of subsection (2) where—
|
|
| |
(a) the scheme provides for the grant of licences, subject to terms excepting matters from the licence and the case is within such an exception, or
|
|
| |
(b) the case is so similar to those in which licences are granted under the scheme that it is unreasonable that it should not be dealt with in the same way.
|
|
| |
(4) Where the Controller is satisfied that a claim under this section is well-founded, he or she shall make an order declaring that in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Controller may determine to be applicable in accordance with the scheme, or as the case may be, to be reasonable in the circumstances.
|
|
| |
(5) An order under subsection (4) may be made for such period as the Controller may determine.
|
