Regulation 9 Variation of conditions and attachment of new conditions
Before varying the conditions attached to a licence (by alteration in or removal of all or any of them or attaching new conditions) the commissioner shall:
in the case of an application made by the holder of a licence, either give notice of the application to any other person who appears to him likely to be affected and notify the holder that such notice has been given, or publish notice of the application in Notice and Proceedings; and
in the case of a proposal made by the commissioner, either give notice of the proposal and of the grounds for the proposal to the holder of the licence and to any other person who appears to him likely to be affected, or publish notice of the proposal and of the grounds for the proposal in Notices and Proceedings and notify the holder.
If the holder of a licence desires to object to or to make other representations about a proposal he shall within 28 days from the date of the notice give notice to the commissioner of his objection or other representation and of the grounds on which it is based.
If any person other than the holder of a licence desires to object to or to make other representations about the application or proposal he shall, within 28 days from the date of the notice, give notice to the commissioner, and to the holder, of his objection or other representation and of the grounds on which it is based.
The provisions of paragraphs (2) and (3) shall not prevent the commissioner at his discretion from hearing and considering objections or other representations other than those made in accordance with paragraph (2) and (3) including any which are advanced (whether orally or in writing) at the inquiry, if any, at which the application or proposal is considered.
The commissioner shall, after considering any objection or other representation made in accordance with paragraph (2) or (3), or heard and considered under paragraph (4), make any endorsement on the licence required to give effect to his decision.
Where the commissioner proposes to exercise his powers to grant a temporary dispensation from compliance with a condition under section 38(6) the provisions of this regulation with respect to the notification or publication of applications or proposals for the variation of conditions of a licence and the consideration of objections or other representations in connection therewith shall not apply unless the commissioner otherwise determines.