Procedure on application by Chief Commissioner of Police for suspension or cancellation of licence
34N Procedure on application by Chief Commissioner of Police for suspension or cancellation of licence
If the Chief Commissioner of Police applies to the Regulator under section 34L(1)(b) for the suspension or cancellation of a licence—
the Regulator must give a copy of the application to the licensee within 14 days after receiving the application; and
the licensee may, within 28 days after receiving the copy of the application, object to the application by giving written notice to the Regulator of the objection and the reasons for objecting.
The Regulator must give a copy of an objection under subsection (1)(b) to the Chief Commissioner of Police within 7 days after receiving the objection.
If, after considering any objection made by the licensee under subsection (1)(b) the Regulator is satisfied that—
one or more of the grounds specified in section 34P(1) exists in relation to the licensee or the licence; and
a suspension or cancellation of the licence is warranted—
the Regulator may grant the application and suspend or cancel the licence accordingly.
As soon as practicable after an application referred to in subsection (1) is granted, the Regulator must give written notice of the suspension or cancellation to—
the Chief Commissioner of Police; and
the licensee; and
the Council in whose municipal district the licensed tobacco premises are situated.
A notice under subsection (4) must specify—
that the Regulator has decided to suspend or cancel the licence; and
the date that the suspension or cancellation takes effect; and
if the Regulator has decided to suspend the licence, the period of suspension of the licence; and
the way in which the licensee may seek a review of the Regulator's decision to suspend or cancel the licence.
If the Regulator is not satisfied of the matters required by subsection (3), the Regulator must—
refuse to grant the application; and
give written notice of the Regulator's refusal to—
the Chief Commissioner of Police; and
the licensee.
S. 34O inserted by No. 51/2024 s. 8.
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