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Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002

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Revocation of approval or licence

61.—(1) The Licensing Authority may revoke an approval or licence of any premises approved or licensed under this Part if it appears to it 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;

(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;

(e)the person using the premises for the use for which they are approved or licensed no longer wishes to carry on that use of the premises; or

(f)the premises are not being used for the use for which they are approved or licensed.

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

(a)give notice of the intended revocation to the occupier of the premises (or, in the case of a revocation under paragraph (1)(f), to the person known to the Licensing Authority as the last person to use the premises for the use for which they are approved or licensed and to any other person who appears to the Licensing Authority to be in current occupation of the premises); and

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

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

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

(b)the reason for the revocation;

(c)the date on which the revocation takes effect, which must not be before the period of 21 days after the date on which the notice is given;

(d)a statement of the right of the person to whom the notice of revocation is given to appeal against the revocation; and

(e)a statement –

(i)that, pending an appeal, for the protection of public or animal health, the continued use of the premises, for the use for which the approval or licence is revoked, is prohibited; or

(ii)of any conditions for the protection of public or animal health to which the continued use of the premises for an approved or licensed use is subject pending an appeal.

(4) Subject to paragraph (7), where a statement under paragraph 3(e)(ii) is included in a notice of revocation of an approval or licence, premises may continue to be used by the occupier for a use for which an approval or licence is revoked during the period of 21 days after the notification to the occupier of the revocation.

(5) After the expiry of this period the premises may not be used for the use for which the approval or licence is revoked unless, before the period expired, an appeal was made in accordance with regulation 62 and the appeal has not been finally disposed of or abandoned.

(6) Where the Licensing Authority has given notice of a decision to revoke the approval or licence in respect of any premises and the notice of revocation included a statement under paragraph (3)(e)(i), the occupier of the premises shall not use the premises for the use for which the approval or licence is revoked.

(7) Where the Licensing Authority has given notice of a decision to revoke the approval or licence in respect of any premises and the notice of revocation included a statement under paragraph (3)(e)(ii), the occupier of the premises shall not use the premises for the use for which the approval or licence is revoked except in accordance with the conditions specified in the statement.

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