26Cancellation of licence

26 Cancellation of licence

26 Cancellation of licence

(1) The Commissioner must cancel a licence if—

(a) the licensee or a close associate of the licensee has failed to comply with a requirement of a notice under section 19A, or

(b) the Commissioner is satisfied that, if the licensee were applying for a new licence, the application would be required to be refused under this Act.

Note.

Section 27 of the Crimes (Criminal Organisations Control) Act 2012 provides for the automatic revocation of a licence if an interim control order made with respect to a licensee is confirmed under that Act.

(2) The Commissioner may cancel a licence—

(a) if the Commissioner is satisfied that the licensee has—

(i) supplied information which was (to the licensee’s knowledge) false or misleading in a material particular in, or in connection with, the application for the licence, or

(ii) contravened any provision of this Act or the regulations (whether or not the licensee has been convicted of an offence for the contravention), or

(iii) contravened a condition of the licence, or

(a1) (Repealed)

(b) in such other circumstances as may be prescribed by the regulations.

(3) Except in the case of a licence that is cancelled on a ground specified in subsection (1)(b), the Commissioner may not cancel a licence without first—

(a) suspending the licence, and

(b) considering any reasons provided by the licensee under section 25 as to why the licence should not be cancelled.

(4) The Commissioner may cancel a licence by serving the licensee with a written notice stating that the licence is cancelled and (subject to section 20) the reasons for cancelling it.

(5) The cancellation of a licence by such a notice takes effect when the notice is served or on a later date specified in the notice.

(6) The Commissioner may, by serving a further written notice on the licensee, revoke a notice cancelling a licence before the notice takes effect.