(1) A person who desires to obtain a licence under this Act other than for a hotel or an occasional licence shall forward an application in triplicate to the clerk for transmission to the Board in the form prescribed in Schedule 1.
(2) The clerk, on receipt of such an application shall forward a copy each to the Commissioner of Police and to the Development Control Authority.
(3) It is the duty of the Commissioner of Police on receipt of such application to make either by himself or herself or by a police officer deputised by him or her, such officer not being below the rank of sergeant, an inquiry as to the character of the applicant, that is, whether he or she has been convicted of any criminal offences.
(4) On receipt of the application under subsection (2) the Development Control Authority shall forward to the Board a report after an examination has been made of the area stating the suitability or otherwise of the premises sought to be licenced, the nature and distribution of licenced premises (if any) already existing in the area and the feasibility of granting any or further licences.
(5) The police officer making the report and the officer at the Development Control Authority who carried out the examination shall be required to attend the session when such an application is to be heard.
(6) An application made under this section shall be heard by the Board in open court at a licencing session of the district in which are situate the premises sought to be licenced.
(7) Any such certificate may be granted only by the Board or a majority of the members of the Board present at such licencing session.
(8) The Board shall only grant a licence where it is satisfied that the applicant is a fit and proper person to hold such a licence and that the premises are suitable and appropriate for the area for which the licence is sought.
(Inserted by Act 9 of 1991)