sec.22Suspension and cancellation of licences—procedures

### sec.22 Suspension and cancellation of licences—procedures If the chief executive considers there is a ground to suspend or cancel a licence (the proposed action ), the chief executive may give the licensee a written notice— stating the proposed action; and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis of the grounds; and if the proposed action is suspension of the licence—stating the proposed suspension period; and inviting the licensee to show, within a stated time of at least 28 days, why the proposed action should not be taken. If, after considering all written representations made within the stated time, the chief executive still considers there is a ground to take the proposed action, the chief executive may— if the proposed action was to suspend the licence for a stated period—suspend the licence for not longer than the proposed suspension period; or if the proposed action was to cancel the licence—either cancel the licence or suspend it for a period. The chief executive must inform the licensee of the decision by written notice. If the chief executive decides to suspend or cancel the licence, the notice must state— the reasons for the decision; and that the licensee may appeal against the decision within 28 days to the Land Court. The decision takes effect on the later of— the day when notice is given to the licensee; or the day of effect stated in the notice. However, if the licence is suspended or cancelled because of the conviction of a person for an offence— the suspension or cancellation does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the suspension or cancellation has no effect if the conviction is quashed on appeal. s 22 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 26 (sec.22-ssec.1) If the chief executive considers there is a ground to suspend or cancel a licence (the proposed action ), the chief executive may give the licensee a written notice— stating the proposed action; and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis of the grounds; and if the proposed action is suspension of the licence—stating the proposed suspension period; and inviting the licensee to show, within a stated time of at least 28 days, why the proposed action should not be taken. (sec.22-ssec.2) If, after considering all written representations made within the stated time, the chief executive still considers there is a ground to take the proposed action, the chief executive may— if the proposed action was to suspend the licence for a stated period—suspend the licence for not longer than the proposed suspension period; or if the proposed action was to cancel the licence—either cancel the licence or suspend it for a period. (sec.22-ssec.3) The chief executive must inform the licensee of the decision by written notice. (sec.22-ssec.4) If the chief executive decides to suspend or cancel the licence, the notice must state— the reasons for the decision; and that the licensee may appeal against the decision within 28 days to the Land Court. (sec.22-ssec.5) The decision takes effect on the later of— the day when notice is given to the licensee; or the day of effect stated in the notice. (sec.22-ssec.6) However, if the licence is suspended or cancelled because of the conviction of a person for an offence— the suspension or cancellation does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the suspension or cancellation has no effect if the conviction is quashed on appeal. - (a) stating the proposed action; and - (b) stating the grounds for the proposed action; and - (c) outlining the facts and circumstances forming the basis of the grounds; and - (d) if the proposed action is suspension of the licence—stating the proposed suspension period; and - (e) inviting the licensee to show, within a stated time of at least 28 days, why the proposed action should not be taken. - (a) if the proposed action was to suspend the licence for a stated period—suspend the licence for not longer than the proposed suspension period; or - (b) if the proposed action was to cancel the licence—either cancel the licence or suspend it for a period. - (a) the reasons for the decision; and - (b) that the licensee may appeal against the decision within 28 days to the Land Court. - (a) the day when notice is given to the licensee; or - (b) the day of effect stated in the notice. - (a) the suspension or cancellation does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and - (i) the end of the time to appeal against the conviction; and - (ii) if an appeal is made against the conviction—the appeal is finally decided; and - (b) the suspension or cancellation has no effect if the conviction is quashed on appeal. - (i) the end of the time to appeal against the conviction; and - (ii) if an appeal is made against the conviction—the appeal is finally decided; and