31Action against former licensees

31 Action against former licensees

31 Action against former licensees

(1) The provisions of section 30 apply to a former licensee in the same way as they apply to a licensee, but not in respect of matters that occurred or came into being after the person ceased to be a licensee.

(2) However, a show cause notice may only be served under section 28 (as applied by this section) on a person who has held a licence within the period of 12 months ending with the date of service of the notice.

(3) The provisions of section 30 apply to a former licensee on whom—

(a) a show cause notice has been served under section 28 when the person was a licensee, or

(b) a show cause notice has been served under section 28 (as applied by this section) after the person ceased to be a licensee,

in the same way as they apply to a licensee.

(4) The Commissioner may undertake any inquiry and investigation in relation to the matters to which any such notice relates, and any submission made or evidence adduced by or on behalf of the former licensee in relation to those matters, that the Commissioner thinks fit.

(5) If, after such inquiry and investigation, the Commissioner is satisfied on the balance of probabilities that the ground of any such notice has been substantiated against the former licensee, the Commissioner may make either or both of the following determinations—

(a) a determination that a licence is not to be granted to the former licensee for a specified period,

(b) a determination that a licence is not to be granted to the former licensee, or that a licence held by the former licensee is not to be renewed, in future unless one or more specified conditions are attached to it.

(6) A determination under subsection (5) (a) precludes the grant of a licence to the former licensee for the specified period.

(7) If—

(a) a show cause notice has been served on a person who was a licensee when the notice was served, and

(b) the person ceases to be licensed before the matters raised by the notice are finalised,

the matters may continue to be dealt with under this Part, as if anything done or omitted to be done under sections 28–30 in relation to the person as a licensee had been done or omitted to be done under this section in relation to the person as a former licensee.