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High Court, addressing two questions put forward from the District Court by way of consultative case stated, finds that: (a) a hotel, which is self-insured, does not require public liability insurance prior to an application for a dancing licence being made, on the grounds that applicable legislation does not contain any such requirement; and (b) a District judge may impose such a liability insurance condition before issuing a public dancing licence, having regard to the financial ability of a business to compensate those who may be injured.
Consultative case stated – section 52 of the Courts (Supplemental Provisions Act 1961 – Public Daning Licence – Public Dance Halls Act 1935, as amended – two questions asked of the High Court - whether applicant for a public dancing licence pursuant to the Act have public liability insurance against the public liability risk arising from or associated with dancing taking place on the premises the subject matter of the application before a public dancing licence – whether the District Court has the power or discretion to grant a public dancing licence without imposing a condition under section 4 of the Act that the applicant put in place and maintain appropriate public liability insurance - whether a District Judge has the power or discretion or is entitled to impose a condition that an applicant put in place and maintain public liability insurance - adequate and appropriate public liability insurance policy – self-insured – District Court powers - case stated.
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