35Deciding applications for licences

35 Deciding applications for licences

35 Deciding applications for licences

(1) The Food Authority may decide an application for a licence by—

(a) granting the licence, with or without conditions, or

(b) refusing to grant the licence.

(2) Without limiting the grounds on which the Food Authority may refuse to grant the licence, the Authority may refuse to grant the licence if the Authority considers—

(a) there should be a food safety program for one or more of the food businesses proposed to be licensed and there is no food safety program, or

(b) the food safety program for one or more of the food businesses proposed to be licensed does not comply with the requirements of—

(i) the Food Standards Code, or

(ii) this regulation.

(3) If the Food Authority grants the licence but considers the applicant wrongly calculated the licence fee that accompanied the application, the Food Authority must—

(a) if the fee that accompanied the application was more than the correct fee—refund the amount of overpayment to the applicant, or

(b) otherwise—give the applicant written notice of the additional amount required to be paid that includes a statement that the Food Authority may refuse to issue the licence until the amount is paid.

(4) If the Food Authority grants the licence, the Food Authority must issue the licence to the applicant in a form that sets out the following—

(a) the activities authorised by the licence,

(b) the premises or vehicles on or in which the activities may be conducted,

(c) the conditions of the licence.

(5) If the Food Authority refuses to grant the licence, the Food Authority must—

(a) give the applicant written notice of the refusal—

(i) setting out the reasons for the refusal, and

(ii) informing the applicant of the applicant’s rights of review under this regulation, and