39Retail licences for Schedule 2 and 7J substances

39 Retail licences for Schedule 2 and 7J substances

39 Retail licences for Schedule 2 and 7J substances

(1) The Health Secretary may, on application, grant a licence that authorises a person to supply a Schedule 2 or 7J substance by retail sale (a retail licence).

(2) An application for a retail licence must be—

(a) in the approved form, and

(b) accompanied by the application fee specified in Schedule 1.

(3) The Health Secretary may, by written notice, require an applicant to give additional information to the Health Secretary that the Health Secretary considers necessary to determine the application.

(4) Without limitation, the Health Secretary may refuse to grant a retail licence to a person if, in the Health Secretary’s opinion, the person is not a fit and proper person to hold the licence.

(5) A retail licence may be granted subject to conditions.

(6) A retail licence is not transferable.

(7) A retail licence remains in force until the licence—

(a) expires, or

(b) is sooner surrendered by the holder or revoked by the Health Secretary.

(8) The holder of a retail licence must not contravene a condition of the retail licence.

Maximum penalty—Tier 5 penalty.

(9) The holder of a retail licence must, on or before 31 March in each year following the year in which the licence was granted, pay to the Health Secretary the annual fee specified in Schedule 1.

(10) The Health Secretary may accept payment of an annual fee up to 3 months after the date required under subsection (9), if an additional late fee of 50% of the annual fee is paid at the same time as the annual fee.

(11) The fees for the following are specified in Schedule 1—

(a) an amendment of an application for a retail licence,

(b) a variation of a retail licence.