Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Revocation or suspension, etc., of licence | ||
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154. (1) Subject to subsection (4), the licensing authority may, by notice in writing given to the licensee under a licence granted by the authority, revoke or suspend the licence, or vary the conditions (if any) attached to the licence, with effect from the date, or the occurrence of the event, specified in the notice for the purpose, if the authority is satisfied that— | ||
(a) a condition attached to the licence has been contravened, | ||
(b) a provision of this Act has been contravened in the course of carrying out the licensable activity, | ||
(c) any of the information given to the authority under section 150 in relation to the application for the licence was false or misleading in a material particular, or | ||
(d) there has been an adverse material change in the circumstances of the licensee, or of the licensable activity or any related activity (including the site of the activity), that will or may affect the satisfactory carrying out of that activity, including any period within which that activity is required to be carried out. | ||
(2) The licensing authority shall, in a notice under subsection (1) given to the licensee under a licence, state the reasons for giving the notice. | ||
(3) A suspension under subsection (1) of a licence may relate only to part of the licensable activity or activities the subject of the licence and shall cease with effect on the date, or the occurrence of the event, specified in the notice for the purpose. | ||
(4) Subject to subsection (5), the licensing authority shall not give a notice under subsection (1) to the licensee under a licence unless, in the interests of procedural fairness, the authority has first— | ||
(a) given the licensee a notice in writing stating the nature of the first-mentioned notice that the authority is minded to give to the licensee and the reason why the authority is so minded, and | ||
(b) given the licensee a reasonable opportunity, in the circumstances concerned, to make representations in writing to the authority on what is stated in the notice first-mentioned in paragraph (a). | ||
(5) The licensing authority need not comply with subsection (4) in the case of the suspension of a licence if— | ||
(a) the authority is satisfied that the end for which such suspension is sought is a matter of such urgency that the delay entailed in complying with that subsection may defeat that end, and | ||
(b) the notice under subsection (1) effecting such suspension is accompanied by a notice stating— | ||
(i) the end referred to in paragraph (a) and the authority’s reason for such suspension, and | ||
(ii) that the licensee may make representation in writing to the authority on that end and that reason. |