11. Applications

    (1) An application for the grant or renewal of a licence shall be made in the prescribed manner and form to the registrar of the Magistrates Court at the place nearest to the place specified in the application as that in which the applicant proposes to carry on his business, or nearest to the principal place of business specified by the applicant where the applicant proposes to have more than one place of business.

    (2) On the application for the grant of a licence, but not in respect of a renewal, 3 original character testimonials, together with 2 copies of each testimonial shall be lodged with the registrar of the court together with the application.

    (3) The registrar shall

    (a) endorse on the application particulars of the day appointed for the hearing of the application, which shall be not less than 35 days after the date of the lodging of the application, and of the hour and place of the hearing;

    (b) return a copy of the application so endorsed to the proposed licensee or his authorized representative, and to any firm or corporation for the benefit of which the licence sought is to be used or to its authorized representative; and

    (c) forward a copy of the application and any accompanying character testimonials forthwith to the senior police officer stationed within the police district in which the principal place of business of the applicant is situate.

    (4) An application made under the provisions of section 8, shall be accompanied by the written consent of the firm or corporation for the benefit of which the licence is to be used.

    (5) In the case of an application for the grant of a licence, but not in respect of a renewal, not less than 28 days before the date appointed for the hearing, the applicant shall cause a notice in the prescribed form to be published in a newspaper circulating in the locality of the court appointed for the hearing of the application and not less than 7 days before the date appointed for the hearing the applicant shall lodge with the registrar a page of that newspaper showing the advertisement.

    (5a) Where applications relating to 2 or more persons are made on the same day in respect of any one business or, in respect of related businesses the registrar of the Magistrates Court at the place where those applications are to be heard may authorize the publication of a joint advertisement for the purposes of subsection (5).

    (6) Where the Commissioner of Police or a person authorized by him, or any other person, desires to object to the grant of a licence he shall lodge with the registrar and serve on the applicant or his authorized representative, at least 7 days before the date appointed for the hearing, a notice stating the objection and the grounds thereof in sufficient detail to enable the applicant to know what he has to answer.

    (7) An application for the transfer of a licence shall be endorsed to show clearly the particulars of the licence to which it relates, but in all other respects shall be dealt with as though it were an application for the grant of a licence save that if the proposed licensee is the holder of a current licence no testimonials as to character shall be required.

    (8) An application shall be accompanied by the application fee prescribed in relation thereto.

    (9) Where the application relates to the grant of an occasional licence or an interim licence the procedure set out in this section shall be followed save that where the Commissioner of Police or a person authorized by him gives his consent the magistrate may grant the application notwithstanding that the requirements of this section as to time and advertisement have not been observed, but where those requirements have not been observed no person shall be refused the right to be heard to oppose the application by reason only that no notice of objection was served.

    [Section 11 amended by No. 60 of 1975 s. 3; No. 46 of 1978 s. 2; No. 59 of 2004 s. 141.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.