243Cancellation, suspension and variation in other circumstances

243 Cancellation, suspension and variation in other circumstances

(1)  This regulation applies if –

(a) the licensing authority considers that a ground exists to cancel, suspend or vary a licence (the proposed action); and

(b) regulations 240 , 241 and 242 do not apply to the proposed action.

(2)  The licensing authority must give to the licensee a written notice that –

(a) states what the proposed action is; and

(b) if the proposed action is to suspend the licence, states what the proposed suspension period is; and

(c) if the proposed action is to vary the licence, sets out the proposed variation; and

(d) sets out the ground for the proposed action; and

(e) outlines the facts and other circumstances forming the basis for the ground; and

(f) invites the licensee to state in writing, within the period specified in the notice of at least 28 days commencing on the day when the notice is given to the licensee, why the proposed action should not be taken.

(3)  If, after considering any written statement made within the period specified in the notice, the licensing authority reasonably believes that a ground exists to take the proposed action, the licensing authority may –

(a) cancel or vary the licence; or

(b) suspend the licence for a period not longer than 12 months (except if the suspension is to give effect to a court order specifying a longer period of suspension); or

(c) if the proposed action is to vary the licence in a specified way, vary the licence in that way.

(4)  The licensing authority may withdraw a suspension before the suspension is due to expire if it reasonably believes that it is appropriate to do so.