38Variation of terms and conditions of licence—the Act, s 102(2)(g)

38 Variation of terms and conditions of licence—the Act, s 102(2)(g)

38 Variation of terms and conditions of licence—the Act, s 102(2)(g)

(1) The Food Authority may, at any time—

(a) vary a term of a licence or a condition imposed by the Food Authority on a licence, or

(b) impose additional conditions on the licence.

(2) Before taking an action in relation to a licence under subsection (1), the Food Authority must give the holder of the licence written notice (a notice of intention) setting out—

(a) details of the action the Authority is proposing to take, and

(b) the reasons for the proposed action.

(3) The notice of intention must include a statement that the licence holder may make submissions to the Food Authority in relation to the proposed action within 14 days after the date the notice of intention is given to the licence holder (the submission period).

(4) Subsections (2) and (3) do not apply if—

(a) the variation of the term or condition is at the request of the licence holder, or

(b) the imposition of the condition is at the request of the licence holder.

(5) After considering any submissions made by the licence holder within the submission period, the Food Authority must decide whether to take the proposed action.

(6) If the Food Authority decides to take the proposed action, the Authority must serve written notice (an action notice) on the licence holder setting out the following—

(a) for the variation of a term or condition of the licence—the term or condition as varied and the reasons for the variation of the term or condition,

(b) for the imposition of a condition on the licence—the condition imposed and the reasons for the imposition of the condition,

(c) the licence holder’s rights of review under this regulation.

(7) The variation of a term or condition of a licence, or the imposition of a condition on a licence, under this section takes effect on—

(a) the day on which the action notice is served on the licence holder, or