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Part 2Licences and certificates
Licences: how to get licensed

10Issue of licence: company applicant

  1. A Licensing Authority must issue a licence to an applicant that is a company if—

  2. the company is not disqualified under subsection (3) from holding a licence; and
    1. either—
      1. every person concerned in the management of the company is eligible to hold a certificate in his or her own right (see section 28(1)); or
        1. only 1 person is concerned in the management of the company and that person holds a certificate; and
        2. the application complies with the requirements of section 8(2).

          1. If more than 1 person is concerned in the management of an applicant that is a company, every person concerned in the management must be checked under sections 24 to 27 to ascertain whether the person is currently eligible to hold a certificate, whether or not the person holds a certificate.

          2. A company is disqualified from holding a licence if it—

          3. has been convicted within the past 5 years of a specified offence; or
            1. has had a licence cancelled within the past 5 years.

              1. For the purpose of checking whether or not a company is disqualified from holding a licence, a Licensing Authority may seek information about the company’s criminal convictions.

              2. Despite subsection (3)(a), if the relevant conviction is for a minor offence, a Licensing Authority may waive the company’s disqualification and issue a licence to the company if the Authority is satisfied, on the basis of written material before him or her, that there are special reasons why the company should not be disqualified taking into account—

              3. the character, circumstances, and background of every person concerned in the management of the company; and
                1. the nature of the offence.

                  1. In this section, minor offence means an offence that is, or the consequences of which are, minor in nature.

                  Notes
                  • Section 10(1): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 10(4): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 10(5): inserted, on , by section 277 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 10(6): inserted, on , by section 277 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).