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“Power of Minister to revoke or refuse licence.
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3A. —(1) The Minister may, at any time, revoke or refuse a licence if the Minister is satisfied that—
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(a) the holder of, or applicant for, a licence is guilty of any offence under this Act, or
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(b) there has been a contravention (whether by commission or omission) of a regulation made under this Act or under the
European Communities Act, 1972
, (which applies to the business of a livestock mart) or of a condition attached to the licence.
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(2) Before revoking or refusing a licence the Minister shall—
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(a) notify, in writing, the holder of, or applicant for, the licence, of the intention to revoke or refuse the licence and of the reasons for the revocation or refusal,
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(b) notify, in writing, the holder of, or applicant for, the licence that he or a person acting on his behalf, may make representations to the Minister in relation to the intended revocation or refusal within 14 days of the date of issue of the notification, and
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(c) consider any representations made under paragraph (b) before deciding whether or not to proceed with the revocation or refusal.
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(3) Where the Minister decides to proceed with the revocation or refusal of a licence under this section, the Minister shall, by notice in writing, notify the holder of, or applicant for, the licence—
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(a) of the decision and of the reasons for that decision,
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(b) of the time limit within which, and of the manner in which an appeal against the revocation or refusal may, pursuant to section 3B, be made, and
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(c) if the holder of the licence may continue to carry on the business of a livestock mart.
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Appeal against refusal or revocation of licence.
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3B.—(1) If the Minister revokes or refuses to grant a licence, the holder of, or applicant for, the licence may, within 21 days after the date of the service of the notice of the revocation or refusal, appeal to the Circuit Court against the refusal or revocation.
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(2) If the Minister revokes a licence, the holder may, if the Minister is satisfied that there is no danger to public health, continue to carry on the business of a livestock mart—
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(a) until the time for bringing an appeal has elapsed, or
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(b) if an appeal is made, until such time as the appeal is determined in the Ci rcuit Court, and thereafter the business of a livestock mart may be conducted only by leave of the Circuit Court.
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(3) Where, in accordance with subsection (2), the hold er of a licence continues to carry on the business of a livestock mart, notwithstanding the revocation, this Act shall continue to apply as if the licence with respect to that mart had not been revoked.
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(4) On the hearing of an appeal under this section, the Circuit Court may—
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(a) dismiss the appeal, or
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(b) allow the appeal and direct the Minister to grant the licence or cancel the revocation,
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and the decision of the Circuit Court shall be final save that, by leave of that Court, an ap peal shall lie to the High Court on a point of law.
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(5) On the hearing of an appeal under this section, the onus of establishing that the provisions of this Act in relation to the granting or continuing in force of a licence have been complied with shall lie on the person making the appeal.
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(6) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the person making the appeal resides or carries on business.”,
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