Outcomes - Selected Case Summaries
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Confusion over mobile bar licences - Liquor Licensing Board of Cayman Brac and Little Cayman
Investigation | 16 January 2023
Our office received a complaint that an official on the Liquor Licensing Board had denied adequate participation rights to an applicant seeking the temporary use of a mobile bar licence. The applicant further alleged they were not provided adequate reasons for why the application had been refused and that the board official had overstepped statutory authority in denying the licence application.
The investigation into the complaint found that the board official had not overstepped or acted outside their lawful authority. However, the Ombudsman found there were some instances where rules around the application process were unclear – even to the government officials administering the licensing process. Further, the Ombudsman found the applicant was not given adequate reasons for the decision to refuse the licence application.
The Ombudsman made the following recommendations in the matter, which are now being monitored for compliance by our office:
- The chairman of the Liquor Licensing Board of Cayman Brac and Little Cayman provide the applicant with the full reasons in writing for his decision to refuse the mobile bar licence.
- The Ministry should seek the assistance of the Legal Department to create an appeals process for mobile bar licenses by way of regulations or an amendment to the Act
- The Ministry, in conjunction with the Liquor Licensing Boards, should work to create transparent and unambiguous policies around the decision-making process for mobile bar licence applications.
- If it has not been done already, implement the recommendation of the former Complaints Commissioner and make the operating rules and procedures available to the public.