Regulation 16 Refusal, suspension and revocation of untreated milk distributors' licences and dealers'licences

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 16(1)(2) words revoked by Food Safety Act 1990 (Consequential Modifications) 1990 art. 13(4)
reg. 16(1) words substituted by Food Safety Act 1990 (Consequential Modifications) 1990 art. 13(5)
reg. 16(1)(b) words substituted by Food Safety Act 1990 (Consequential Modifications) 1990 art. 13(6)
reg. 16(1)(b) words substituted by Food Safety Act 1990 (Consequential Modifications) 1990 art. 13(7)

(1)

The licensing authority shall not revoke a licence being a licence to which section 45 of the Act applies (that is to say, a licence held by a retailer for a specified area) or refuse a grant of a licence by way of renewal of any such licence on the ground of breach of a condition thereof unless—

(a)

the breach in question is of a condition to which section 45 as aforesaid applies,

(b)

the holder of the licence has been convicted of an offence under that section by virtue of the breach in question, or has been convicted within twelve months before the time of the breach in question or after the time of it, of an offence under section 39, 40 or 41 of the Act, or of an offence under Milk and Dairies Regulations for which a penalty is thereby imposed, and

(c)

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

(2)

The licensing authority shall not suspend a licence, being a licence held by a retailer for a specified area, on the ground of breach of a condition thereof, by virtue of any one decision by the licensing authority, for a period of more than 3 months, but the period of suspension awarded by any such decision may be extended by a subsequent such decision made in accordance with the provisions of regulation 17.