59 Procedure for suspending, cancelling, or refusing to amend or renew class 4 operator’s licence

(1)

If the Secretary proposes to suspend, cancel, or refuse to amend or renew a class 4 operator’s licence, the Secretary must notify the corporate society of—

(a)

the proposal to suspend, cancel, or refuse to amend or renew the licence; and

(b)

the reason for the proposed suspension, cancellation, or refusal; and

(c)

the corporate society’s rights, and the procedure to be followed—

(i)

before the suspension or cancellation takes effect; or

(ii)

as a result of the refusal to amend or renew the licence.

(2)

The corporate society may make written submissions to the Secretary concerning the proposed suspension, cancellation, or refusal to amend or renew within—

(a)

20 working days after the date of the notice under subsection (1); or

(b)

any longer period that the Secretary allows if an application for an extension is made within the time period specified in paragraph (a).

(3)

The Secretary must consider any submissions made by the corporate society.

(4)

If the Secretary decides to suspend a licence, the Secretary must notify the corporate society of—

(a)

the date that the suspension takes effect; and

(b)

the suspension period (up to 6 months); and

(c)

the reason for the suspension.

(d)
[Repealed]

(e)
[Repealed]

(4A)

Where the licence is suspended because of a continuing breach, the Secretary must notify the society of—

(a)

the matters to be dealt with in order for the Secretary to consider withdrawing the suspension before the end of the suspension period; and

(b)

the consequences of not dealing with the matters identified.

(5)

If the Secretary decides to cancel or refuse to amend or renew a licence, the Secretary must notify the corporate society of,—

(a)

for a cancellation, the date on which the cancellation takes effect and the reason for the cancellation; or

(b)

for a refusal to amend or renew, the reason for the refusal.

(6)

If subsection (4) or subsection (5) applies, the Secretary must also notify the corporate society of—

(a)

the right to appeal the decision; and

(b)

the process to be followed for an appeal under section 61.

Section 59(4)(c): replaced, on 3 March 2015, by section 35(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 59(4)(d): repealed, on 3 March 2015, by section 35(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 59(4)(e): repealed, on 3 March 2015, by section 35(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 59(4A): inserted, on 3 March 2015, by section 35(2) of the Gambling Amendment Act 2015 (2015 No 3).