When Is An
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Objection Late?
WHETHER a railway objection was rf received within the statutory period was discussed at a Liverpool sitting of the North-Western Deputy Licensing Authority last week. Mr.
G. H. P. Beames said he wished to refer to the question of the lateness of the G.W.R. and, he believed, the L.N.E.R. objections to a B-licence application. The objections were posted on December 22 and, in normal circumstances, should have been received at the Licensing Authority's office the following day. For some reason, however, they did not arrive on that day.
The Licensing Authority's office wrote informing them that their objection had not been received within the statutory period and pointing out that the Authority had discretion to consider a late objection at the public hearing.
Mr. Beames said that this raised an interesting point which he did not think had ever been discussed before. The terms of Regulation 10 were "Every such objection shall be sent to the Licensing Authority so as to reach him not later than 14 days after
the notice has appeared in Applications and Decisions." The interpretation which he thought was being placed on that section by the Authority's office was erroneous, because surely the words "So as to reach him" meant that if an objector posted a letter which he reasonably anticipated would reach the Authority's office within a certain time, his 'obligation ended once that letter had been posted.
Sir William Hart,—" May it not be assumed that if a letter is posted before Christmas, it is the duty of an objector to take that into account? '• Mr. Beames agreed, but asked whether it could not be said that objectors were covered by the terms of that regulation? The obligation on the person was surely discharged once he had posted his objection so as normally to reach the Authority within the specified time. The whole difficulty, he suggested, could be avoided if the regulation were worded " such objection shall reach• the Licensing Authority within 14 days."
Sir William Hart said he would have the point brought to the notice of the persons responsible.