Criteria for granting licences

(1) The Liquor Licensing Tribunal or Presiding Officer, as the case may be, may not grant a licence, unless it or he or she is satisfied on a balance of probabilities that
(a) the granting thereof is in the public interest;
(b) the applicant is of good character, and not disqualified from holding a licence in terms of section 35;
(c) the premises on which the sale or consumption of liquor will take place are or will upon completion be suitable for use by the applicant for the purposes of the licence;
(d) the applicant has the right to occupy the proposed licensed premises; and
(e) the granting of the application does not prejudice
(i) the residents of a residential area;
(ii) the residents of an institution for the aged or frail;
(iii) the learners of an educational institution who are under the age of eighteen (18) years;
(iv) the patients of an institution for drug or alcohol related dependencies; or
(v) the congregants of a religious institution located in the vicinity of the proposed licensed premises.