16Cancellation or suspension of licences

1. A Licensing Authority must cancel or suspend a licence,—

2. in the case of a licence held by an individual, if the licence holder ceases to be eligible to hold a certificate; or
3. in the case of a licence held by a company,—
   1. if any person concerned in the management of the company is not eligible, or ceases to be eligible, to hold a certificate; or
   2. if the company is disqualified (under section 10(3)) from holding a licence; or
4. in either case, if the Licensing Authority is satisfied that the licence was issued by fraud or mistake.

5. A Licensing Authority must cancel a licence held by a company if the company is convicted of an offence (other than an offence punishable by no more than a fine not exceeding $2,000) under this Act, unless the Licensing Authority is satisfied that there are special reasons why the company’s licence should not be cancelled.

6. A Licensing Authority may not cancel a company’s licence under subsection (1)(b)(i) if—

7. the person concerned in the management of a company has joined the company since it obtained its licence; and
8. within 2 weeks of the person joining, the company has applied to the Licensing Authority to check that the person is eligible to be issued with a certificate; and
9. either—
   1. the Licensing Authority, has not yet determined whether or not the person is eligible to hold a certificate; or
   2. the Licensing Authority has advised the company, in writing, that the person is not eligible to hold a certificate, but less than 2 weeks has elapsed since the advice was sent.

10. If a Licensing Authority suspends a certificate,—

11. the suspension must be for an initial fixed period of not more than 3 months; and
12. at the end of that period, the Authority must, if, following the final determination of the complaint, he or she thinks it is appropriate,—
    1. extend the suspension for a further period specified by the Authority; or
    2. lift the suspension; or
    3. cancel the certificate.

13. A cancellation or suspension must be in writing, with reasons, and state the date on which the cancellation or suspension takes effect.

14. A licence holder commits an offence, and is liable on conviction to a fine not exceeding $2,000, if he or she fails without reasonable excuse to return a cancelled licence, and every certified copy of it, to a Licensing Authority immediately upon cancellation of the licence.

Compare

• 1908 No 141 s 14
• 1963 No 10 ss 17, 18

Notes

• Section 16 heading: amended, on 29 October 2019, by section 279(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 16(1): amended, on 29 October 2019, by section 279(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 16(1): amended, on 14 November 2018, by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 16(2): amended, on 14 November 2018, by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 16(3): amended, on 14 November 2018, by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 16(3A): inserted, on 29 October 2019, by section 279(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 16(4): amended, on 29 October 2019, by section 279(4)(a) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 16(4): amended, on 29 October 2019, by section 279(4)(b) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 16(5): amended, on 14 November 2018, by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 16(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).