Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023

Determination of application for licence

12. (1) This section applies where the Executive receives an application under section 11 (1).

(2) Where an application is made in accordance with section 11 , the Executive shall grant a licence to the applicant in accordance with the application where it is satisfied that the application complies with the requirements of that section.

(3) The Executive shall refuse to grant a licence where—

(a) the application is not made in accordance with section 11 or otherwise does not comply with the requirements of that section,

(b) the applicant has, after the commencement of this section, been convicted of 2 or more category A offences (within the meaning of section 39 ), or

(c) it has reasonable grounds to believe that the application, the declaration under section 11 (7)(c) or any document or information accompanying the application, contains information that is false or misleading.

(4) Where the Executive grants a licence, the Executive shall, as soon as practicable after doing so, issue the licence under section 13 to the applicant and shall notify the applicant accordingly.

(5) Where the Executive refuses to grant a licence, the Executive shall, not later than 14 days after the date of such refusal, notify the applicant in writing of—

(a) the refusal of the application and the reasons for it, and

(b) the applicant’s right to appeal the refusal in accordance with section 16 .