59Hearing of appeal

59 Hearing of appeal

(1)  On the hearing of an appeal against the cancellation of a licence, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the cancellation if satisfied that –

(i) substantial grounds for the cancellation do not exist; or

(ii) undue hardship would result from the cancellation and the continuance of the licence would not be contrary to the public interest.

(2)  On the hearing of an appeal against the variation of a licence, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the variation; or

(c) revoke the variation and substitute any other variation.

(3)  On the hearing of an appeal against the refusal to grant, renew or approve the transfer of, a licence, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the refusal if satisfied that –

(i) substantial grounds for the refusal do not exist; or

(ii) undue hardship would result from the refusal and the grant, renewal or approval would not be contrary to the public interest.

(3A)  [Section 59 Subsection (3A) inserted by No. 58 of 2000, s. 6, Applied:19 Sep 2000] On the hearing of an appeal against a disqualification from applying for and obtaining a recreational licence, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the disqualification if satisfied that –

(i) substantial grounds for the disqualification do not exist; or

(ii) undue hardship would result from the disqualification.

(4)  The decision of the Appeal Tribunal on the hearing of an appeal under this Act is final and of the does not apply.