sec.35CGrounds for refusal to renew

sec.35C Grounds for refusal to renew

Each of the following is a ground to refuse to renew a licence— the applicant— is not a fit and proper person to hold the licence; or has supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for renewal of the licence; or has contravened a provision of this Act, whether or not the licensee has been convicted of an offence for the contravention; or has contravened a condition of the licence to which the application for renewal relates; it would be contrary to the public interest for the licence to be granted; another ground prescribed by regulation. Without limiting subsection (1) , it is a ground to refuse to renew an operator licence that a closure order made under section 47 is, or has been, in force in relation to the licensed premises. For deciding whether a person continues to be a fit and proper person to hold the licence, the chief executive may have regard to the matters mentioned in sections 12 to 14 to which the chief executive may have regard in deciding whether an applicant for a licence is a fit and proper person to hold a licence. A person is not, or is no longer, a fit and proper person to hold a licence if the person is subject to a relevant control order. The chief executive may not have regard to criminal intelligence in deciding whether— a person is not, or is no longer, a fit and proper person to hold a licence; or it would be contrary to the public interest for the licence to be granted. s 35C ins 2016 No. 62 s 428 (sec.35C-ssec.1) Each of the following is a ground to refuse to renew a licence— the applicant— is not a fit and proper person to hold the licence; or has supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for renewal of the licence; or has contravened a provision of this Act, whether or not the licensee has been convicted of an offence for the contravention; or has contravened a condition of the licence to which the application for renewal relates; it would be contrary to the public interest for the licence to be granted; another ground prescribed by regulation. (sec.35C-ssec.2) Without limiting subsection (1) , it is a ground to refuse to renew an operator licence that a closure order made under section 47 is, or has been, in force in relation to the licensed premises. (sec.35C-ssec.3) For deciding whether a person continues to be a fit and proper person to hold the licence, the chief executive may have regard to the matters mentioned in sections 12 to 14 to which the chief executive may have regard in deciding whether an applicant for a licence is a fit and proper person to hold a licence. (sec.35C-ssec.4) A person is not, or is no longer, a fit and proper person to hold a licence if the person is subject to a relevant control order. (sec.35C-ssec.5) The chief executive may not have regard to criminal intelligence in deciding whether— a person is not, or is no longer, a fit and proper person to hold a licence; or it would be contrary to the public interest for the licence to be granted.