Hotel Licensing (Appeals) Rules 1975

Interpretation

1 In these Rules unless the context otherwise requires —

"the Act" means the Hotels (Licensing and Control) Act 1969 [title 17 item 2];

"Chairman" means the Chairman of the Tribunal.

Practice and procedure of Tribunal

2 The general procedure and practice of the Tribunal shall, save as is specifically provided for by the Act or these Rules be that prevailing in the Magistrates' Court in civil cases in so far as the same is applicable and if any matter should arise which is not contemplated by either such practice and procedure or these Rules the Tribunal shall give instruc tions regarding the course to be pursued, which instructions shall be binding on the parties.

Notice of appeal

3 Every appeal under section 18 of the Act shall be commenced by service upon the Director of a notice of appeal in Form l of the Schedule.

Appellant's case

4 (1) A notice of appeal shall be accompanied by a supplementary statement setting out —

(a) the grounds of appeal;

(b) all the facts which the appellant considers material and relevant to the determination of the appeal; and

and such statement shall be called "the appellant's case".

(2) Service of notice of appeal may be effected by personal de livery to the office of the Director between the hours of 9.00 a.m and 4.30 p.m. on any day other than a Saturday or public holiday or by prepaid registered post addressed to the Director.

Agreed case

5 (1) If the statement of facts in the appellant's case is admitted by the Director to be sufficient and correct, he shall within thirty days of the service of the appellant's case draw up and submit to the appellant a document embodying —

(a) the admitted statement of facts;

(b) the contentions in law of the appellant; and

and such document shall be called "an agreed case" and shall be signed by or on behalf of both parties to the appeal.

(2) The agreed case together with all supporting and relevant documents shall be transmitted by the Director to the Chairman in trip licate, within fourteen days of submitting the agreed case to the appel lant in terms of this regulation.

(3) The arguments on appeal and the decision of the Tribunal shall be confined to the facts admitted in the agreed case.

Director of Tourism's case

6 (1) If the Director does not admit the statement of facts in the appellant's case to be correct or sufficient or if he does not come to an agreement with the appellant on a statement of facts, he shall within thirty days of the receipt of the appellant's case serve upon the appellant a statement setting out —

(a) those facts he admits as correct and those he denies;

(b) all other facts which he considers relevant and material to the determination of the appeal;

and such statement shall be called "the Director's case".

(2) Service of the Director's case on the appellant may be ef fected by personal delivery to the address for service of the appellant specified in Form l or by prepaid registered post addressed to the appel lant at such address.

Procedure where facts in dispute

7 If the appellant and the Director do not agree the statement of facts, the Director shall transmit to the Chairman, in triplicate, the ap pellant's case and the Director's case within ten days of the service of the Director's case upon the appellant.

Transmission of documents

8 The Director shall transmit to the Chairman, together with the agreed case or with the appellant's case and the Director's case, a state ment of the Act [sic] or certified copy of the decision or order, of the Minister in respect of which the appellant is aggrieved, together with all support ing and relevant documents.

Hearing date

9 Upon receipt of the documents mentioned in rule 8 the Chair man shall fix a date for the hearing of the appeal and shall notify the ap pellant and the Director thereof in Form 2 of the Schedule not less than fourteen days prior to the date of the hearing.

Application for directions

10 At any time prior to the date of the hearing application may be made in writing to the Chairman for directions relating to any matter in cidental to the hearing of the appeal, and upon such application, the Chairman may make such order as he thinks fit.

Notice to produce documents

11 (1) Any party to an appeal may at any time not later than seven days before the date of the hearing give to the other party notice in writ ing to produce at the hearing any document in his possession or power.

(2) If any party to an appeal to whom such notice has been given under paragraph (1) does not comply therewith, secondary evi dence of the contents of such document may be given by or on behalf of the party who gave the notice.

Procedure at hearing

12 (1) At the hearing of any appeal —

(a) each party may be represented by counsel;

(b) any fact or facts may be proved by affidavit, but the Tri bunal may, either of its own motion or on the application of any party, require the deponent to any affidavit ad mitted as evidence to attend to be cross-examined thereon and may adjourn the hearing in order to secure the attendance of any deponent;

(c) the Tribunal may, either of its own motion or on the ap plication of any party, receive the evidence of any person who has expert knowledge or experience concerning matters in dispute or who can otherwise assist the Tri bunal in the matter.

Default of appearance

13 (1) Where any appellant to an appeal does not appear either in person or by a duly authorized representative at the time and place ap pointed for the hearing then the Tribunal, upon the request of the Di rector and upon proof that notice of hearing has been given to the ap pellant, may, subject to paragraph (2), proceed to hear and determine the appeal or may dismiss the appeal.

(2) If any question of law arises the Tribunal may, before giving its decision, call upon the Director for argument in support of the act, decision or order of the Minister.

Abandonment

14 An appellant who wishes to abandon his appeal may do so by filing with the Tribunal a notice of abandonment.

Enlargement of time

15 Where any time is fixed under these Rules for the doing of any act in connection with an appeal to the Tribunal, such time may be en larged or abridged by consent of all parties or by the Tribunal for good cause shown on the application of any party.

Hearing fees

16 The appellant shall pay to the Accountant General a fee of fifty dollars for each day or part of a day on which an appeal is head by the Tribunal.

Commencement

17 [omitted]

SCHEDULE Rule 4

Form 1

Government of Bermuda

HOTELS (LICENSING AND CONTROL) ACT 1969

Notice of Appeal

To the Director of Tourism.

TAKE NOTICE THAT I/we (1) of (2) appeal against the act/decision/order of the Minister whereby (3)

I enclose herewith a statement of the appellant's case in accor dance with Rule 4 of the Hotel Licensing (Appeals) Rules 1975.

Dated this [blank] day of [blank] 19 [blank]

.....................................................................
Signature of appellant or his agent
or legal representative

Form 2

Government of Bermuda

HOTELS (LICENSING AND CONTROL) ACT 1969

In the Hotel Licensing Appeal Tribunal

Appeal No. of 19

....................................... Appellant
vs
Director of Tourism Respondent

NOTICE IS HEREBY GIVEN that the appeal in the above matter will be heard at [blank] o'clock in the fore/afternoon on the [blank] day of [blank] 19 [blank] at [blank] Hamilton, and that you may appear in per son or by your duly authorized representative; in the event, however, of your failing to appear personally, or by your representative the Hotel Li censing Appeal Tribunal may proceed to hear and determine the appeal.

Dated this [blank] day of [blank] 19 [blank]

......................................................
Chairman,
Hotel Licensing Appeal Tribunal

[This page intentionally left blank]

(3) Brief details of the act/decision/order appealed against.

Bermuda Consolidated Legislation

Hotel Licensing (Appeals) Rules 1975