Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002

Suspension of approval or licence

60.—(1) The Licensing Authority may suspend an approval or licence under this Part if it appears to the Authority that –

(a) the premises are being used otherwise than in accordance with –

(i) the approval or licence; or

(ii) this Part or Schedule 6;

(b) any condition specified in the approval or licence has not been complied with;

(c) inspection of the premises for the purposes of these Regulations is being hampered or denied; or

(d) a notice has been served on the occupier in relation to the use of the premises under this Part and the Licensing Authority is not satisfied that the action required in accordance with the notice has been taken by the occupier within the time required.

(2) Before suspending an approval or licence the Licensing Authority shall –

(a) give notice of the intended suspension to the occupier of the premises; and

(b) have regard to any representations made to the Licensing Authority by that person in relation to the intended suspension.

(3) A notice of suspension of an approval or licence shall include the following information–

(a) a summary of the decision of the Licensing Authority to suspend the approval or licence and a description of the use of the premises for which the approval or licence is suspended;

(b) the reason for the suspension;

(c) the date on which the suspension takes effect (which may be the same date as the date on which the notice is issued);

(d) the matters which must be rectified for the suspension to be lifted; and

(e) a statement of the right of the person to whom the notice of suspension is given to appeal under this Part against the suspension and the period within which and the person to whom an appeal may be made.

(4) Where a suspension of an approval or licence of premises under this regulation has taken effect the premises shall be treated as if they were not approved or licensed for the use for which the approval or licence is suspended.

(5) The Licensing Authority shall lift a suspension of an approval or licence where –

(a) it is satisfied that –

(i) the reason for the suspension no longer applies; and

(ii) the person who would use the premises for the use for which they are approved or licensed will use the premises in accordance with the approval or licence and the conditions of the approval or licence and this Part and Schedule 6; or

(b) the determination of an appeal under this Part against the suspension is that the approval or licence should not have been suspended.

(6) Where the Licensing Authority lifts a suspension it shall give notice of this to the person to whom it gave notice of the suspension.