Commentary on Sections Background Section 94: Enforcement of notices under section 93
253.These sections deal with the information that a licensing authority may require from a licensed body and others to determine whether the terms of its licence are being complied with. The licensing authority may require information or documents (section 93(1)) from the body itself and any manager, officer or employee, and from any non-authorised person who holds a material interest in the body, section 93(2). Requests for information are made by notice, which can specify the form in which the information is to be provided and set a deadline for doing so, and also inform the provider of the information to whom it must be provided, as set out in section 93(3).
254.The licensing authority can require those persons, or a representative, to give an explanation of that material (section 93(4)). It may pay reasonable expenses to cover the cost of providing information and of attending to provide an explanation (section 93(5)). It may also copy or take extracts from any documents it receives (section 93(6)).
255.If persons asked for information under section 93 cannot provide it, they must give the licensing authority an explanation (section 94(1)). If a person fails to comply with a request, the licensing authority may apply to the High Court for an order compelling that person to comply (section 94(2)).