39Suspension or revocation of recognised competency card

39 Suspension or revocation of recognised competency card

39 Suspension or revocation of recognised competency card

(1) The NICC may, on application by the Secretary or the Commissioner of Police, make any of the following orders—

(a) an order suspending, for the period specified by the NICC, a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement,

(b) an order revoking a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement,

(c) an order declaring that a person is disqualified from holding a recognised competency card, or a particular recognised competency card endorsement, for such period (not exceeding 12 months) as is specified in the order.

(2) The NICC may only make an order under this clause in respect of a recognised competency card (and all of its endorsements), or a particular recognised competency card endorsement, held by a person if the NICC is satisfied that the person has—

(a) contravened any of the person’s obligations under this Regulation or under the Liquor Act 2007 or the regulations under that Act that, in the opinion of the NICC, relate to the responsible service of alcohol (including, without limitation, permitting intoxication on licensed premises), or

(b) been charged with, or found guilty of, a serious indictable offence involving violence that was committed on licensed premises or in the immediate vicinity of licensed premises on a patron of the premises or a person attempting to enter the premises, or

(c) obtained a recognised competency card or recognised competency card endorsement fraudulently or by deception (including by allowing or arranging for another person to complete or partially complete a training course), in which case the NICC may only make an order under subclause (1)(b) or (c).

(3) An order made on the ground that a person has been charged with, or found guilty of, a serious indictable offence is revoked if the charge is withdrawn or dismissed or the finding is overturned on appeal.

(4) The NICC may not make an order under this clause in respect of a person unless the person has been given notice of the application for the order and has been given a reasonable opportunity to make submissions to the NICC in relation to the application.