12 Grant or refusal of licence

(1)

On receipt of—

(a)

an application for a licence; and

(b)

any information requested by the chief executive under section 11(2); and

(c)

any variations to the application made under section 11(3),—

the chief executive may grant a licence for the area, or may refuse the application.

(2)

A licence granted under subsection (1) may be granted subject to—

(a)

such terms, conditions, or restrictions as the chief executive thinks fit; and

(b)

the payment by the licensee of the prescribed annual licence fee (if any).

(3)

The licence shall—

(a)

specify the area in respect of which it is granted; and

(b)

specify the applicant as the licensee; and

(c)

specify the purpose or purposes described in paragraphs (a) to (f) of section 10 for which the area is licensed.

(4)

Where, on an application for an area to be licensed as a Customs controlled area, the chief executive is of the opinion that—

(a)

it is not in the public interest; or

(b)

it is impracticable or unnecessary—

that the area should be licensed as a Customs controlled area, the chief executive may, in his or her discretion, and under such conditions as the chief executive thinks fit, direct that the area need not be licensed as a Customs controlled area.

(5)

A direction given under subsection (4) may be given in respect of the whole or any specified part of the business carried on in the area, and shall exempt the area from such provisions of this Act as may be specified in the direction.

(6)

The applicant shall be advised by notice in writing of any decision of the chief executive under this section.

(7)

An applicant who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.

Compare: 1966 No 19 ss 84, 110; 1986 No 44 s 11