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

Renewal of licence

15. (1) Subject to subsection (2), a licensee may apply to the Executive for renewal of a licence.

(2) An application under subsection (1) shall be made in the prescribed form and in the prescribed manner and be accompanied by—

(a) the licence number,

(b) a further declaration signed by the applicant or, where the applicant is a body corporate, a relevant officer, that, as at the date of the declaration, the applicant has complied with all requirements imposed on the applicant by tobacco control legislation,

(c) where there has been a change in any information given in an application for a licence in accordance with section 11 , details of any such change in information,

(d) a tax clearance certificate in force relating to the licensee,

(e) the prescribed fee, and

(f) such other information as may be prescribed.

(3) Where the application for a renewal is made in accordance with this section, the Executive shall renew the licence in accordance with the application where it is satisfied that the application complies with the requirements of this section.

(4) The Executive shall refuse the application for a renewal where—

(a) the application is not made in accordance with this section or otherwise does not comply with the requirements of this 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 subsection (2)(b) or any document or information accompanying the application, contains information that is false or misleading.

(5) Where the Executive grants the application for the renewal of a licence, the Executive shall, as soon as practicable after doing so, issue a licence under section 13 and shall notify the applicant accordingly.

(6) Where the Executive refuses the application for 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 in accordance with section 16 .

(7) Where an application under subsection (1) is made at least 30 days before the expiry of the licence and such application is awaiting determination on the day on which it would expire by virtue of section 14 , the licence shall continue to have effect by virtue of this subsection until the application is determined.