Raising Standards for consumers - Compliance and Enforcement report 2020 to 2021
Licence suspensions - Lessons learned
Where there is a risk to the licensing objectives the Commission may consider if it is proportionate and appropriate to suspend an operating license. The Commission may do so if it is satisfied that:
- the conditions of the licence have been breached (s120(1)(b) of the Act)
- the Licensee is unsuitable to carry on the licensed activities (s120(1)(d) of the Act)
- that a licensed activity is being or has been carried on in a manner which is inconsistent with the licensing objectives (s120(1)(a) of the Act)
Once a suspension is authorised the Commission can decide whether the suspension should take immediate effect and which – if any – activities should be allowed while the suspension continues.
Within 14 days of an operating licence being suspended the licensee has the right to request the Regulatory Panel review the decision to suspend. The panel will make a de novo decision on the facts available to it at the time of the hearing, and this decision replaces that of the initial Commission decision both as to whether to suspend, when the suspension takes effect, and which activities may continue. The Licensee may also seek to have the decision considered by the First Tier Tribunal.
Last updated: 8 December 2021
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