Food Act 1984

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.