Part 3

Operating licences

Operating licences

Grant of full operating licence
18
1
Where a club holds a provisional operating licence, the IFR must decide whether to grant the club a full operating licence—
a
before the end of the period specified by virtue of section 17(3)(a), or
b
if applicable, before the end of the further period specified by virtue of subsection (6)(b).
2
The IFR—
a
must grant a club a full operating licence if the full licence test is met in relation to the club;
b
must notify the club of the grant of the licence.
3
The “full licence test” is met in relation to a club if—
a
the IFR is satisfied that the club—
i
is operating a relevant team,
ii
meets the threshold requirements set out in Schedule 4, and
iii
complies and would continue to comply with the mandatory licence conditions (see section 20) and sections 45 to 53 (duties on clubs), and
b
the IFR has not determined, and is not treated as having determined, under Part 4 that any person who is an owner or officer of the club is not suitable to be an owner or officer of the club.
4
If the IFR considers that the full licence test is not met in relation to the club, the IFR must give the club a notice—
a
stating that it proposes to—
i
refuse to grant the full operating licence, and
ii
take action under subsection (6)(b) or section 19,
b
explaining why it proposes to take such action,
c
inviting the club to make representations about the proposed action, and
d
specifying the means by which, and the period within which, such representations must be made,
and must have regard to any representations which are duly made.
5
The period specified by virtue of subsection (4)(d) must be a period of not less than 14 days beginning with the day on which the notice under subsection (4) is given.
6
Subject to section 19, after complying with subsection (4) the IFR must—
a
where the IFR considers that the full licence test is met in relation to the club, grant the club a full operating licence and notify the club of the grant, or
b
where the IFR considers that the full licence test would be met in relation to the club within a reasonable period if more time is given for the test to be met, specify a further period for which the club’s provisional operating licence is to have effect.
7
A further period specified by virtue of subsection (6)(b) must be such period as the IFR considers sufficient to enable the full licence test to be met in relation to the club.
8
The IFR may not grant a club a full operating licence under this section other than where it considers that the full licence test is met in relation to the club.
9
Where the IFR grants a club a full operating licence under this section the IFR must specify in the notice under subsection (2)(b) or (6)(a) (as the case may be) the day on which the licence comes into force, at which time the club’s provisional operating licence ceases to have effect.
S. 18 in force at Royal Assent for specified purposes, see s. 100(2)(g)