289 Cancellation of licence after 3 holdings within 3 years

(1)

A constable or an inspector (as the case may be) must make an application for an order by the licensing authority cancelling the licensee’s licence if—

(a)

an application has been made for a finding that, if proven, will result in a negative holding; and

(b)

2 negative holdings have been made in relation to the licensee in respect of incidents occurring during the period of 3 years ending immediately before the day on which the incident giving rise to the application referred to in paragraph (a) occurred; and

(c)

the application and the 2 previous holdings all relate to the same premises.

(2)

The licensing authority may cancel the licensee’s licence if—

(a)

the licensing authority makes a negative holding that is the subject of the application referred to in subsection (1)(a) in relation to the licensee; and

(b)

2 other negative holdings have been made in relation to the licensee in respect of incidents occurring during the period of 3 years ending immediately before the day on which the incident giving rise to the negative holding referred to in paragraph (a) occurred; and

(c)

all the negative holdings relate to the same premises.

(3)

A cancellation of a licence takes effect on the date specified in the order, which date must not be more than 3 months after the date of the third holding.

(4)

A decision by the licensing authority to cancel a licence under this section may not be appealed against to the High Court.