4AXSuspension or cancellation of licence

4AX Suspension or cancellation of licence

(1) The Secretary, by notice in writing to the licensee, may suspend or cancel a licence if there is reason to believe that: (a) the licensee has contravened, or permitted a contravention of, a provision of this Part or a licence condition; or (b) the licensee has failed to comply with a direction given by the Secretary under regulation 4CM; or (c) the licensee (or, if the licensee is a corporation and holds a general licence, a director of the licensee) is not a fit and proper person to act as a licensee in relation to the licensed premises; or (d) the licensee has obtained the licence by fraud or false representation; or (e) the continuation of activities permitted under the licence would be detrimental to the amenity of the airport, or any part of the airport, on which the licensed premises are situated; or (f) the activities permitted under the licence are likely to encourage the misuse or abuse of alcohol; or (g) there is no nominee in respect of the licence; or (h) the licensee has ceased to carry on activities under the licence. (2) In addition, the Secretary, by notice in writing to the licensee, may suspend or cancel a passenger terminal licence if there is reason to believe that: (a) a sub‑licensee has conducted the business of the sub‑licence in a manner that is inconsistent with the conditions of the passenger terminal licence under which the sub‑licence was granted; and (b) the licensee has failed to take all reasonable steps to ensure that the sub‑licensee’s conduct of the business is consistent with those licence conditions. (3) A notice under subregulation (1) or (2) must give reasons for the suspension or cancellation. (4) Before making a decision about the suspension or cancellation of a licence, the Secretary must give to the licensee: (a) notice in writing of the ground on which the Secretary proposes to suspend or cancel the licence; and (b) a reasonable opportunity to make representations about the proposed suspension or cancellation. (5) A notice of suspension must state that the licence is suspended: (a) for a period specified in the notice; or (b) until the Secretary gives notice to the licensee ending the suspension. (6) A licence that is suspended ceases to be in force for the period of the suspension.

Note: An application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary under this regulation—see regulation 4CN.