Tobacco and Other Smoking Products Act 1998
sec.38Immediate suspension without show cause notice
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sec.38 Immediate suspension without show cause notice
This section applies if the chief executive reasonably believes— a ground exists for suspending or cancelling a retail or wholesale licence under section 36 or 37 ; and carrying on the business to which the retail or wholesale licence relates is an unacceptable risk to public health. The chief executive may, without giving the licensee a show cause notice under section 36 or 37 , immediately suspend the retail or wholesale licence by giving the licensee an information notice for the decision. The suspension— takes effect on the day stated in the information notice; and continues for the period of not more than 90 days as stated in the information notice. s 38 ins 2023 No. 16 s 7 amd 2025 No. 13 s 11 (sec.38-ssec.1) This section applies if the chief executive reasonably believes— a ground exists for suspending or cancelling a retail or wholesale licence under section 36 or 37 ; and carrying on the business to which the retail or wholesale licence relates is an unacceptable risk to public health. (sec.38-ssec.2) The chief executive may, without giving the licensee a show cause notice under section 36 or 37 , immediately suspend the retail or wholesale licence by giving the licensee an information notice for the decision. (sec.38-ssec.3) The suspension— takes effect on the day stated in the information notice; and continues for the period of not more than 90 days as stated in the information notice.
- (a) a ground exists for suspending or cancelling a retail or wholesale licence under section 36 or 37 ; and
- (b) carrying on the business to which the retail or wholesale licence relates is an unacceptable risk to public health.
- (a) takes effect on the day stated in the information notice; and
- (b) continues for the period of not more than 90 days as stated in the information notice.