77KRequirements for grant of depot licence

77K  Requirements for grant of depot licence

 (1) The Comptroller‑General of Customs must not grant a depot licence if, in his or her opinion:

 (a) if the applicant is a natural person:

 (i) the applicant is not a fit and proper person to hold a depot licence; or

 (ii) the applicant would not be in a position to occupy and control the proposed depot if the licence were granted; or

 (iii) a person who would participate in the management or control of, or in the operations carried out at, the proposed depot (whether or not the person would be present at the proposed depot) is not a fit and proper person to so participate; or

 (b) if the applicant is a partnership:

 (i) any of the partners is not a fit and proper person to be a member of a partnership holding a depot licence; or

 (ii) none of the partners in the partnership would be in a position to occupy and control the proposed depot if the licence were granted; or

 (iii) a person who would participate in the management or control of, or in the operations carried out at, the proposed depot (whether or not the person would be present at the proposed depot) is not a fit and proper person to so participate; or

 (c) if the applicant is a company:

 (i) any of the directors of the company is not a fit and proper person to be a director of a company holding a depot licence; or

 (ii) the company would not be in a position to occupy and control the proposed depot if the licence were granted; or

 (iii) a person who would participate in the management or control of, or in the operations carried out at, the proposed depot (whether or not the person would be present at the proposed depot) is not a fit and proper person to so participate; or

 (iv) the company is not a fit and proper company to hold a depot licence; or

 (h) the physical security of the proposed depot is not adequate having regard to:

 (ii) the procedures and methods that would be adopted by the applicant to ensure the security of goods in the proposed depot if the licence were granted; or

 (i) the records that would be kept in relation to the proposed depot would not be suitable to enable an officer of Customs adequately to audit those records; or

 (j) it is inappropriate in all the circumstances to grant the licence, having regard to the matters covered by subsection (3A).

 (2) The Comptroller‑General of Customs must, in deciding whether a person is a fit and proper person for the purposes of paragraph (1)(a), (b) or (c) (other than subparagraph (1)(c)(iv)), have regard to:

 (a) any conviction of the person of an offence against this Act committed within the 10 years immediately before that decision; and