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reg 17

Determination of application

In force
Part 3Registration and licences
Division 2Licensing of premises

17 Determination of application

(1) The council must, not later than 21 days after receiving an application under by‑law 16:

(a) grant a licence or renew the licence in respect of the premises, either conditionally or unconditionally; or

(b) refuse to grant a licence or renew the licence in respect of the premises.

(2) If the council refuses to grant or renew a licence in respect of premises, the council must refund to the applicant the fee that accompanied the application in relation to the premises.

(3) In considering an application under by‑law 16, the council may take into account any matter that is in its opinion relevant, including:

(a) the facilities for controlling dogs at the premises specified in the application;

(b)

the number of dogs kept or to be kept at the premises; and

(c) the likely impact on residents in the locality where the premises are situated if the licence is granted or renewed.

(4) If the council has determined the manner in which premises are to be fenced, the council must not grant or renew a licence in respect of premises that are not fenced in accordance with the determination.

(5) If an application is for the renewal of a licence and to the council's knowledge:

(a) no matters have arisen that, if taken into account at the time the licence was granted, would have caused the council to refuse to grant the licence or to grant the licence subject to conditions other than those specified in the licence; or

(b) the council has not, since the grant of the licence, made a determination under by‑law 15 that affects the premises,

the council may renew the licence without considering the application in the manner specified in clauses (3) and (4).

(6) If the council refuses to grant or renew a licence or grants a licence subject to conditions or renews a licence subject to conditions not imposed on the original licence, the council must serve on the applicant a statement in writing of the reasons for its decision.

(7) A licence in respect of premises is not transferable to other premises.

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