Search Legislation

Food Act 1984

Status:

This is the original version (as it was originally enacted).

Part IILICENCES HELD BY RETAILERS FOR SPECIFIED AREAS

4(1)Any provision for the revocation of a licence authorising the use of a special designation on the ground of breach of a condition of the licence made by Milk (Special Designation) Regulations shall be such as to secure that a licence held by a retailer for a specified area shall not be revoked, and a grant of a licence by way of renewal of a licence so held shall not be refused, on the ground of breach of a condition of the licence so held, unless—

(a)the breach in question is of a condition to which section 45 applies,

(b)the holder of the licence has been convicted of an offence under that section because of the breach in question, or has been convicted, within 12 months before the time of the breach in question or after the time of it of an offence under section 39, section 40 or section 41, or of an offence under Milk and Dairies Regulations for which a penalty is imposed by those regulations; and

(c)the decision of the licensing authority to revoke, or to refuse renewal, as the case may be, is made within 12 months from the date of the breach in question.

(2)Any provision for the suspension of a licence authorising the use of a special designation on the ground of breach of a condition of the licence made by Milk (Special Designation) Regulations shall be such as to secure that—

(a)a licence held by a retailer for a specified area shall not be suspended, by virtue of any one decision of the authority having power to suspend it, for a period of more than 3 months, but

(b)a period of suspension of such a licence awarded by any such decision may be extended by a subsequent such decision made in accordance with the provisions of this Schedule.

(3)For the purposes of any decision for the suspension of a licence held by a retailer for a specified area, the term of that licence and of any licence granted by way of its renewal shall be treated as if they had been a single term, and accordingly—

(a)a period of suspension of such a licence of 3 months or less may be awarded notwithstanding that that period is longer than the unexpired residue of the term of the licence; and

(b)where such a longer period of suspension of such a licence is awarded, a licence may be granted by way of its renewal but that licence shall be in suspense until the expiry of that period, and such a decision for extension of that period as is mentioned in paragraph (b) of sub-paragraph (2) of this paragraph may be made so as to extend the suspension of that licence.

5Paragraph 1 in so far as it relates to proof of a breach of condition of a licence, has effect subject as follows—

(a)the provision to be made as there mentioned extends to a breach because of which the holder of the licence has been convicted of an offence under section 45 without requiring any proof of the breach other than conviction; and

(b)in relation to a case referred to a tribunal by virtue of the subsequent provisions of this Schedule, not being a case in which the holder of the licence has been convicted as mentioned above, paragraph 1 has effect with the substitution of a reference to proof by the finding of the tribunal for the reference to proof to the satisfaction of the licensing authority or the Minister.

6(1)Milk (Special Designation) Regulations shall, where the issue is as to the revocation or suspension of a licence held by a retailer for a specified area, or as to the refusal to grant such a licence by way of renewal of such a licence, provide—

(a)for requiring the Minister on such an appeal as is mentioned in sub-paragraph (a) of paragraph 2, and when acting as licensing authority, to refer the matter to a tribunal constituted in accordance with the regulations if the person affected so requests;

(b)for requiring that the duty of such a tribunal on any such reference shall be—

(i)to report findings on any question of fact appearing to them to be relevant, and

(ii)in particular, where the issue is as to revocation or suspension on the ground of a breach of condition not being one because of which the holder of the licence has been convicted of an offence under section 45, to find and report whether the breach was in fact committed (which finding shall be conclusive for the purposes of this Schedule):

(c)for requiring the Minister to consider the report of the tribunal before making his decision;

(d)for the procedure of such a tribunal, including provision for conferring on the person affected a right to be heard by the tribunal, and including provision for treating the finding of a majority of the members of such a tribunal as the finding of the tribunal in the event of a difference of opinion among the members;

(e)for securing that any such hearing as mentioned above by a tribunal shall be in public, that the person affected shall be entitled to be heard by himself or by counsel or a solicitor or other representative as he may elect, and that he or his representative shall be entitled to call witnesses and to cross-examine witnesses called by another; and

(f)for securing that such notice of a decision or proposed decision shall be given to the person affected as may be requisite for enabling him effectively to exercise rights conferred on him by virtue of the foregoing provisions of this paragraph.

(2)There shall be paid out of moneys provided by Parliament to the chairman of any such tribunal such remuneration (by way of salary or fees) and such allowances as the authority appointing him may, with the Treasury's approval, determine.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources