|
|
|
Licences under section 5 of Act of 1955
|
| |
60. Section 5 of the Act of 1955 is amended—
|
|
| |
(a) in subsection (3)(c), by deleting “by post”, and
|
|
| |
(b) by inserting after subsection (3) the following:
|
|
| |
“(3A) An application for a licence under regulations made under this section shall be made in such form and manner as the Minister decides and accompanied by such fee (if any) as the Minister decides. Fees to accompany applications for licences or alterations are not refundable.
|
|
| |
(3B) A person who, when applying for a licence under regulations made under this section, furnishes information to the Minister knowing it to be false or misleading in any material respect commits an offence and shall be liable on summary conviction to a class A fine.
|
|
| |
(3C) (a) Where the Minister proposes to refuse to grant a licence under regulations made under this section or to revoke or vary a condition of such a licence, the Minister shall notify the applicant or holder of the proposal. The applicant or holder may within such period as the Minister allows in the notification, being not less than 14 days, make representations in writing to the Minister in relation to the proposal. The Minister, where no representations are made within that period, or, where representations are so made and having considered the representations, may grant or refuse to grant the licence or revoke or vary the licence and notify the applicant or holder of the decision.
|
|
| |
(b) If a decision under paragraph (a) is to refuse the grant of the licence or to suspend or revoke or to vary the licence, the person may within 14 days of being notified of the decision, appeal to a judge of the District Court in whose district he or she carries on the business or activity concerned. On hearing the appeal the judge may confirm the decision of the Minister or allow the appeal. The decision of the court is final save that an appeal on a point of law lies to the High Court.
|
|
| |
(c) A decision of the Minister to revoke or vary a licence takes effect on the notification of the decision to the holder. The holder, if making an appeal under paragraph (b), may apply to the court where the appeal is lodged to have the decision suspended until the appeal is determined or withdrawn.”.
|
