Sale and Supply of Alcohol Act 2012

280 Variation, suspension, or cancellation of licences other than special licences

(1)

Any constable or any inspector may at any time apply to the licensing authority for an order—

(a)

varying or revoking any condition of a licence, other than a special licence, imposed by the licensing authority or a licensing committee, or imposing any new condition (relating to any matters specified in section 110(1), 116(1), or 117(1)); or

(b)

suspending the licence; or

(c)

cancelling the licence.

(2)

Every application for an order must—

(a)

be in a form approved by the chief executive after consultation with the chairperson of the licensing authority and be made in the prescribed manner; and

(b)

contain the prescribed particulars; and

(c)

be made to the licensing authority.

(3)

The grounds on which an application for an order may be made are as follows:

(a)

that the licensed premises have been conducted in breach of any of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:

(b)

that the conduct of the licensee is such as to show that he or she is not a suitable person to hold the licence:

(c)

that the licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public.

(4)

The secretary must—

(a)

send a copy of the application to the licensee; and

(b)

fix the earliest practicable date for a public hearing of the application; and

(c)

give at least 10 working days’ notice of the date, time, and place of the hearing to the applicant and the licensee.

(5)

If the licensing authority is satisfied that any of the grounds specified in subsection (3) is established and that it is desirable to make an order under this section, it may, by order,—

(a)

vary or revoke any condition of the licence imposed by the licensing authority or a licensing committee: or

(b)

impose any new condition (relating to any matter specified in section 110(1), 116(1), or 117(1)); or

(c)

suspend the licence for such period not exceeding 6 months as the licensing authority thinks fit; or

(d)

cancel the licence.

(6)

Instead of making an order under subsection (5), the licensing authority may adjourn the application for any period it thinks fit to give the licensee an opportunity to remedy any matters that the licensing authority may require to be remedied within that period.

Compare: 1989 No 63 s 132

Section 280(2)(a): replaced, on 29 October 2019, by section 272 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).