Sale and Supply of Alcohol Act 2012

281 Suspension or cancellation of licences by licensing authority in respect of certain offences

(1)

This section and section 282 apply in respect of an offence committed—

(a)

by a licensee or manager against section 237, 239(1), 247, 248(1), or 249; or

(b)

by a person (not being a licensee or manager) against section 239(2) or 248(3).

(2)

A constable must, immediately after the licensee or manager or person has been convicted of the offence, send a report to the licensing authority.

(3)

The report must include—

(a)

a certificate of the conviction from the Registrar of the court concerned; and

(b)

a summary of the evidence on which the conviction was based; and

(c)

a statement by the Police as to whether or not the licensed premises concerned have been conducted in breach of any other provisions of this Act or of any conditions of the licence or otherwise in an improper manner and, if so, a statement of the circumstances; and

(d)

a statement by the Police as to whether or not the conduct of the licensee is such as to show that the licensee is not a suitable person to hold the licence and, if so, a statement of the circumstances; and

(e)

a recommendation by the Police as to whether the licence of the licensee should be suspended or cancelled; and

(f)

the reasons for the recommendation.

(4)

Immediately after receiving the report, the licensing authority must consider it.

(5)

If, after considering the report, the licensing authority considers that it should hold a public hearing into whether the licence held by the licensee should be suspended or cancelled, the secretary must—

(a)

advise the licensee accordingly; and

(b)

send a copy of the report of the Police to the licensee; and

(c)

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

(d)

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

Compare: 1989 No 63 s 132A(1)–(5)