The Commission when considering the matter will act speedily and with as little
formality and technicality as is practicable. Will act according to good equity,
good conscience and the substantial merits of the case without regard to technicalities
and legal forms.
- May appoint counsel to argue or make representations as to any matter before it
or an independent expert to inquire into a report upon any question of fact or opinion
not involving a question of law.
- The Commission may obtain information as to any question that arises for decision
in such manner as it thinks fit; and make its determination on the balance of probabilities.
- Each party to the proceedings before will be given a reasonable opportunity to present
its case and, in particular, to inspect any documents to which the licensing authority
proposes to have regard in making a determination in the proceedings and to make
submissions in relation to those documents.
The Commission may however, consider whether publication or disclosure, to some
or all of the parties, of evidence given before them or of a matter contained in
a document lodged with the Commission or received in evidence by the Commission,
shall be prohibited or restricted,
It shall take as the basis of its consideration the principle that it is desirable
that evidence given before the Commission and the contents of documents lodged or
received in evidence should be made available to all the parties but shall pay due
regard to any reasons given to the licensing authority why the publication or disclosure
of the evidence or the matter contained in the document should be prohibited or
- An infringement notice given under section 167 to the employee or agent of a licensee
may be used as evidence in respect of a complaint lodged under this section with
respect to that licensee.
- It is not a defence to a complaint lodged under this section against a licensee
to show that the licensee –
- did not know, or could not reasonably have been aware of or have prevented the
act or omission which gave rise to the complaint; or
- had taken reasonable steps to prevent that act or omission from taking place.
- The Evidence Act 1906 does not apply to the proceedings of the Commission
and is not bound by the rules of evidence or any practices or procedures applicable
to courts of record.
- May, upon its own motion or upon the application of any party, adjourn the hearing
or further hearing of any application or matter from time to time either to the
same place or to any other place; and may consider and dismiss or determine applications,
and receive submissions and representations in relation to any application before
it, as it thinks fit.
- When a case stated is pending which may affect any liability or assessment and the
amount payable may be recovered as if no reviews, appeal or case stated were pending.
If a liability or assessment is altered in consequence of a review, appeal or case
stated, a due adjustment shall be made, for which purpose amounts paid in excess
shall be refunded together with interest paid at the rate prescribed and amounts
short paid shall be recoverable.