Food Act 2006
sec.83Immediate suspension of licence
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sec.83 Immediate suspension of licence
The local government that issued a licence may suspend the licence immediately if the local government believes— a ground exists to suspend or cancel the licence; and it is necessary to suspend the licence immediately because there is an immediate and serious risk to public health or safety. The suspension— can be effected only by the local government giving an information notice to the licensee about the decision to suspend the licence, together with a show cause notice; and operates immediately the notices are given to the licensee; and continues to operate until the earliest of the following happens— the local government cancels the remaining period of the suspension; the show cause notice is finally dealt with; 30 days have passed since the notices were given to the licensee. Subsection (4) applies if— a suspension under this section stops because— the local government cancels the remaining period of the suspension; or the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or 30 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and the licensee has returned the licence to the local government under section 84 . The local government must, as soon as practicable, give the licence to the licensee. (sec.83-ssec.1) The local government that issued a licence may suspend the licence immediately if the local government believes— a ground exists to suspend or cancel the licence; and it is necessary to suspend the licence immediately because there is an immediate and serious risk to public health or safety. (sec.83-ssec.2) The suspension— can be effected only by the local government giving an information notice to the licensee about the decision to suspend the licence, together with a show cause notice; and operates immediately the notices are given to the licensee; and continues to operate until the earliest of the following happens— the local government cancels the remaining period of the suspension; the show cause notice is finally dealt with; 30 days have passed since the notices were given to the licensee. (sec.83-ssec.3) Subsection (4) applies if— a suspension under this section stops because— the local government cancels the remaining period of the suspension; or the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or 30 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and the licensee has returned the licence to the local government under section 84 . (sec.83-ssec.4) The local government must, as soon as practicable, give the licence to the licensee.
- (a) a ground exists to suspend or cancel the licence; and
- (b) it is necessary to suspend the licence immediately because there is an immediate and serious risk to public health or safety.