354GOVERNMENT GAZETTE, WA 16 February 2022

354 GOVERNMENT GAZETTE, WA 16 February 2022 10.11 Transfer of licence (1) An application for the transfer of a valid licence is— (a) to be made in writing; (b) to be signed by the licence holder and the proposed transferee of the licence; (c) to include such information as the CEO or an authorised person may require to enable the application to be determined; and (d) to be forwarded to the local government together with any set fee. (2) The CEO or an authorised person may— (a) approve an application for the transfer of a licence; (b) approve the application subject to any conditions; or (c) refuse to approve the application. (3) Where the CEO or an authorised person approves an application for the transfer of a licence, the transfer may be effected by an endorsement on the licence signed by the CEO or the authorised person. (4) Where an authorised person approves the transfer of a licence, the local government is not required to refund any part of any set fee paid by the former licence holder. 10.12 Suspension of licence (1) The CEO or an authorised person may, subject to clause 10.13, by written notice given to the licence holder, suspend a licence if there are reasonable grounds for believing that— (a) the licence holder has contravened a term or condition of a licence; (b) the licence holder has contravened a provision of this local law; or (c) the continued provision of the activity authorised by the licence constitutes or will constitute an unacceptable risk to the safety, health or welfare of the public. (2) The suspension notice shall— (a) state the day, or the day and time, on or at which the suspension takes effect; (b) state the reasons for the CEO or authorised person’s decision to suspend the licence; and (c) where appropriate, indicate what steps need to be taken to ensure that there is compliance with the relevant provision, term or condition or that there is no longer a risk as described in subclause (1)(c); and (d) inform the licence holder that the licence holder has a right to apply under the Act for a review of the decision to suspend the licence. 10.13 Proposed suspension (1) If the CEO or an authorised person proposes to suspend a licence under clause 10.12(1)(a), the CEO or authorised person shall give written notice to the licence holder of the proposed suspension. (a) state that the CEO or authorised person proposes to suspend the licence; (b) state the reasons for the proposed suspension; and (c) inform the licence holder that the licence holder is entitled to make representation to the CEO or authorised person in respect of the proposed suspension within 7 days after the day on which the licence holder is given the notice. (3) In considering whether to suspend the licence, the CEO or authorised person shall have regard to any representations made by the licence holder within the period referred to in subclause (2)(c). 10.14 Revocation of suspension (1) The CEO or an authorised person shall, by written notice given to the licence holder revoke the suspension of a licence if the CEO or authorised person is satisfied that the steps specified in the suspension notice have been taken. (2) The CEO or an authorised person may, by written notice given to the licence holder, revoke the suspension of the licence if it is appropriate to do so in the circumstances of a particular case. 10.15 Period of suspension The suspension of a licence has effect on the day, or the day and time, specified in the suspension notice until one of the following happens— (a) the suspension is revoked under clause 10.14; (b) the licence is cancelled under clause 10.16 or expires; or (c) the licence is surrendered in accordance with the provisions of this local law. 10.16 Cancellation of licence A licence may be cancelled by the CEO or an authorised person if— (a) the licence was obtained improperly; (b) the licence holder has persistently or frequently contravened a term or condition of the licence, or a provision of this local law, whether or not the licence is or has been suspended on the grounds of a contravention; or