The TSE (England) Regulations 2002

Licensing

Licensing

56.—(1) The Licensing Authority may—

(a) licence any occupier of premises to use the premises for any use in connection with—

(i) the collection or transport of specified risk material; or

(ii) the rendering or incineration of specified risk material, or any other manner of disposal or destruction of specified risk material; and

(b) license any occupier of a slaughterhouse or cutting premises to use the slaughterhouse or cutting premises in connection with—

(i) the removal referred to in regulation 36(1) above of vertebral column or regulation 37 above of spinal cord; or

(ii) the removal referred to in regulation 45(1)(a) above of the spinal cord, or any part of the spinal cord, from the vertebral column of a sheep or goat,

subject to such conditions as the Authority believes are necessary to ensure the occupier of the slaughterhouse or cutting premises is able to comply with the requirements of Part A of Annex XI to the Community TSE Regulation and these Regulations which apply to the use concerned.

(2) On an application made by an occupier of any premises to the Licensing Authority for a licence under this regulation, the Authority shall grant the occupier a licence if it is satisfied that—

(a) the occupier has in place facilities, procedures and methods of operation sufficient for him to be able to comply with such of the requirements the observance of which Member States are required to ensure under Part A of Annex XI to the Community TSE Regulation which apply to the use of the premises to which the application relates;

(b) in respect of an application for a licence to use premises in connection with rendering of specified risk material, the premises have the facilities specified in Part I of Schedule 5 below sufficient to enable the occupier of the premises to render the specified risk material at the premises by one of the methods specified in Part II of that Schedule; and

(c) there is no significant risk that inspection on behalf of the Authority of the use of the premises will be hampered or denied.

(3) In considering applications for a licence for the purposes of this regulation the Licensing Authority may (in addition to any other relevant matters) have regard to the need for the efficient enforcement of this Part of these Regulations.

(4) In this Part of these Regulations—

(a) in relation to premises licensed under—

(i) the Fresh Meat (Hygiene and Inspection) Regulations 1995;

(ii) premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(1);

(iii) premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995(2);

(iv) combined premises as defined in the Meat Products (Hygiene) Regulations 1994(3); and

(v) combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995(4),

“the Licensing Authority” is the Agency or the Secretary of State;

(b)

in relation to any other premises, “the Licensing Authority” is the Secretary of State;

(c)

“licensed collection centre” means premises used for any use in connection with the collection or transport of specified risk material which its occupier is licensed by the Licensing Authority under this Part of these Regulations to use for a purpose which would otherwise be subject to a prohibition by this Part of these Regulations;

(d)

“licensed incinerator” and “licensed rendering plant” means an incinerator or, as the case may be, a rendering plant, which its occupier is licensed by the Licensing Authority under this Part of these Regulations to use for a purpose which would otherwise be subject to a prohibition by this Part of these Regulations; and

(e)

“licensed slaughterhouse” and “licensed cutting premises” means a slaughterhouse or, as the case may be, cutting premises, which its occupier is licensed by the Licensing Authority under this Part of these Regulations to use for a purpose which would otherwise be subject to a prohibition by this Part of these Regulations.

Licensing for the use of specified risk material in production or research

57.—(1) The Secretary of State may licence the occupier of any premises to use the premises for—

(a) the use of specified risk material in relation to the production referred to in Article 2 of the Community TSE Regulation; or

(b) the use of specified risk material or other source of TSE infectivity in relation to keeping live animals used in or intended for research,

subject to such conditions as she believes are necessary to ensure the occupier of the premises is able to comply with the separation requirements of that Article which apply to the production or the keeping concerned.

(2) On an application made to her under this regulation for a licence the Secretary of State shall grant the licence if she is satisfied that—

(a) the occupier of the premises has in place facilities and procedures for tracing through the production or keeping to which the application relates to trace all specified risk material delivered to the premises sufficient to be able to show that—

(i) all specified risk material delivered to the premises is used for the purpose for which it was delivered or is disposed of in accordance with such conditions as she may specify in the licence; or

(ii) no product produced at the premises is used as, or in connection with or in the production of, any food or feedingstuff or any cosmetic, pharmaceutical or medical product; and

(b) the use of the specified risk material in the production or keeping concerned does not give rise to risk—

(i) to human health; or

(ii) with the exception of the health of the animals for whose keeping the licence is required, to animal health.

(3) The occupier of premises licensed under this regulation shall—

(a) ensure that the use of the premises for the licensed purpose is in accordance with—

(i) the conditions of the licence; and

(ii) the provisions of this Part of these Regulations and Schedule 5 below relating to that use; and

(b) ensure that any person employed by him, and any person invited to the premises, complies with these conditions.

(4) The occupier of any premises licensed under this regulation shall permit an inspector, or a person acting under the responsibility of an inspector, to—

(a) inspect any carcase, part carcase, blood or specified risk material on the premises to enable the inspector to check whether the requirements the observance of which member States are required to ensure under Part A of Annex XI to the Community TSE Regulation which apply to the premises are complied with there; and

(b) inspect any part of the premises, any facility or any operation at the premises in connection with the removal, collection, transport, disposal or destruction of specified risk material to enable the inspector to check whether the requirements the observance of which member States are required to ensure under Part A of Annex XI to the Community TSE Regulation which apply to the operation are complied with there,

and shall give to an inspector, or any person acting under the responsibility of the inspector, such reasonable assistance as he may require.

(5) No person shall carry out any operation in relation to specified risk material at premises licensed under this regulation except in accordance with any conditions specified in the licence and with the provisions of this Part of these Regulations and Schedule 5 below relating to that operation.

Applications for licences

58.—(1) An application for a licence under this Part of these Regulations shall be made in writing to the Licensing Authority by or on behalf of the occupier of the premises to which the application relates.

(2) The Licensing Authority shall notify the applicant in writing of the Authority’s decision on an application made to it in accordance with this regulation.

(3) A licence under this Part of these Regulations shall specify—

(a) the name and address of the person to whom the licence is granted and the address of the licensed premises;

(b) the use of the premises for which the licence is granted; and

(c) the conditions subject to which the licence is granted.

(4) If the Authority refuses to licence the premises or grants a licence subject to any condition it shall give to the applicant a statement of—

(a) the reasons for the refusal or the condition; and

(b) his right under this Part of these Regulations to appeal against the refusal or the condition and the period within which and the person or tribunal to whom an appeal may be made.

Requirements of use of licensed premises

59.—(1) An occupier licensed to use premises under this Part of these Regulations shall—

(a) ensure that the use of the premises for the licensed use is in accordance with the requirements of these Regulations and the conditions of the licence;

(b) ensure that any person employed by him, and any person invited to the premises, complies with these requirements and conditions.

(2) An occupier licensed to use premises under this Part of these Regulations shall permit an inspector, or a person acting under the responsibility of an inspector, to—

(a) inspect any carcase, part carcase, blood or specified risk material on the premises to enable the inspector to check whether the requirements the observance of which Member States are required to ensure under Part A of Annex XI to the Community TSE Regulation which apply to the premises are complied with there; and

(b) inspect any part of the premises, any facility or any operation at the premises in connection with the removal, collection, transport, disposal or destruction of specified risk material to enable the inspector to check whether the requirements the observance of which Member States are required to ensure under Part A of Annex XI to the Community TSE Regulation which apply to the operation are complied with there,

and shall give to an inspector, or any person acting under the responsibility of the inspector, such reasonable assistance as he may require.

(3) No person shall carry out any operation in relation to specified risk material at premises licensed under this regulation except in accordance with the requirements of these Regulations and any conditions specified in the licence.

Suspension of licences

60.—(1) The Licensing Authority may suspend a licence under this Part of these Regulations if it appears to the Authority that—

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

(i) the licence; or

(ii) this Part of these Regulations or Schedule V to these Regulations;

(b) any condition specified in the 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 of these Regulations and the Authority is not satisfied that the action required by the notice to be taken by the occupier has been taken within the time required;

(2) Before suspending a 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 Authority by that person in relation to the intended suspension.

(3) A notice of suspension of a licence shall include the following information—

(a) a summary of the decision of the Licensing Authority to suspend the licence and a description of the use of the premises for which the 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 remedied 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 of these Regulations against the suspension and the period within which and the person or tribunal to whom an appeal may be made.

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

(5) The Licensing Authority shall lift a suspension of a 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 licensed will use the premises in accordance with the licence, and the conditions of the licence, and this Part of these Regulations and Schedule V to these Regulations; or

(b) the determination of an appeal under this Part of these Regulations against the suspension is that the 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.

Revocation of licences

61.—(1) The Licensing Authority may revoke a licence under this Part of these Regulations if it appears to the Authority that—

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

(i) the licence; or

(ii) this Part of these Regulations or Schedule V to these Regulations;

(b) any condition specified in the 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 of these Regulations and the Authority is not satisfied that the action required by the notice to be taken by the occupier has been taken within the time required;

(e) the person using the premises for the use for which they are 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 licensed;

(2) Before revoking a 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) above, to the person known to the Authority as the last person to use the premises for the use for which they are licensed and to any other person who appears to the Authority to be in current occupation of the premises); and

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

(3) A notice of revocation of a licence shall include the following information—

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

(b) the reason for the revocation;

(c) the date on which the revocation takes effect, which may 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, for the protection of public or animal health pending an appeal, continued use of the premises for the use for which the 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 a licensed use is subject pending an appeal.

(4) Subject to paragraph (7) below, where a statement under paragraph (3)(e)(ii) above is included in a notice of revocation of a licence, premises may continue to be used by the occupier for a use for which a 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 licence is revoked unless before the period expired an appeal was made in accordance with regulation 62 below 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 licence of premises and the notice of revocation included a statement under paragraph (3)(e)(i) above, the occupier of the premises shall not use the premises for the use for which the licence is revoked.

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

Appeals against suspension and revocation of licences

62.—(1) Where in respect of any premises the Licensing Authority has given notice of a decision under this Part of these Regulations—

(a) to refuse to license any premises; or

(b) to grant a licence of any premises subject to conditions;

(c) to suspend the licence of any premises; or

(d) to revoke the licence of any premises,

the occupier may, within 21 days of being notified of the decision, appeal against the decision to the person or tribunal specified in the notice.

(2) An appeal under this regulation shall be made by written statement given to the person or tribunal specified in the notice accompanied by a brief explanation of the ground of the appeal and such other information and documents as may be so specified.

(3) Where on an appeal under this regulation the person or tribunal hearing the appeal determines that—

(a) the grant of a licence should not have been refused; or

(b) unreasonable conditions have been attached to the grant of a licence; or

(c) a licence should not have been suspended or revoked,

the Licensing Authority shall give effect to that determination.

(1)

S.I. 1995/540 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1997/1729.

(2)

S.I. 1995/2148 as amended by S.I. 1995/3205.

(3)

S.I. 1994/3082 as amended by S.I. 1995/1763, S.I. 1995/2200, S.I. 1995/3205 and S.I. 1996/1499.

(4)

S.I. 1995/3205 as amended by S.I. 1996/3124.