LICENCES PROCEDURES REGULATIONS

LICENCES PROCEDURES

SUBSIDIARY LEGISLATION 128.02

LICENCES PROCEDURES REGULATIONS

10th August, 2007

LEGAL NOTICE 222 of 2007.

The title of these regulations is Licences Procedures

Regulations.

In these regulations, unless the context otherwise requires -

"the Commissioner" means the Commissioner of Police;

"licence" means a licence which is issued by the Commissioner

and it excludes any licence issued under the Arm s Act and

regulations made thereunder;

"the Minister" means the Minister responsible for the Police;

"the Tribunal" means the Police Licences Appeals Tribunal

established under regulation 4.

(1) All applications for the grant, renewal and transfer of

licences are to be determined by the Commissioner who may

approve, refuse or impose particular conditions for such licences.

(2) Prior to taking a decision as referred to in subregulation (1),

t h e C o m m i s s i o n e r m ay c o n s u l t w i t h a n y a u t h o r i t y d e e m e d

competent to provide related advice on the matter and he shall take

into consideration any objection raised by any other interested

party.

(3) A copy of any such decision taken in terms of subregulation

(1) shall be given forthwith on demand to an applicant or to any

interested party in the case.

(1) There shall be constituted a Police Licences Appeals

Tribunal to hear and determine the final advice to be given to the

Commissioner in respect of any previous decision made by the

same Commissioner in respect of the grant, renewal, transfer or

cancellation of licences.

(2) The Tribunal shall consist of a president and two to four

assessors who shall be appointed for the purpose by the Minister

for a period of two years.

(3)

The Tribunal shall hear appeals lodged by any -

(a) applicant who contests the decision of the

Commissioner to refuse him a licence, or to condition

the grant, renewal or transfer of a licence, or to cancel

a licence; and

(b) interested party who would have previously made his

representations before the Commissioner in terms of

regulation 3 and who contests the grant, renewal or

transfer of a licence.

LICENCES PROCEDURES

(4)

The Tribunal shall regulate its own procedure.

An appeal from a decision of the Commissioner may be

entered before the Tribunal by means of a letter addressed to the

president thereof at Police Headquarters, Floriana, within twenty-

one days from the service of the decision of the Commissioner to

an applicant or to an interested party, as the case may be.

(1) The Tribunal shall have power, exercisable through its

president -

(a) to summon witnesses who shall be heard on oath;

(b) to administer an oath to any witness and to any person

concerned in the case, and require them to give

evidence.

(2) Summonses for attendance of witness may be in such form

as may be appropriate to the case, and shall be signed by the

president of the Tribunal as the case may be.