SCHEDULERequirements for notifications to applicants and licence-holders
1
In this Schedule “relevant action” means a refusal to grant or vary a licence, the imposition of any non-standard condition on the grant of a licence or the revocation of a licence.
2
1
Where the licensing authority expresses to any person any opinion as to what remedial action should be taken by that person, if that person so requests, the authority—
a
shall as soon as practicable give to him a notice in writing or electronic form which satisfies the requirements of sub-paragraph (2) below; and
b
shall not take any relevant action against him until after the end of 28 days beginning with the giving of the notice.
2
A notice satisfies the requirement of this sub-paragraph if it—
a
states the nature of the remedial action which in the opinion of the authority should be taken, and explains why and within what period;
b
in the case where the authority is of the opinion that a condition of a licence is not being complied with, explains what constitutes the failure to comply with that condition; and
c
states the nature of the relevant action which could be taken and states the effect of paragraph 3 below and of regulation 15 (appeals).
3
Before the licensing authority takes any relevant action against any person, the authority—
a
shall give to that person notice in writing or electronic form—
i
that it is considering taking the action and the reasons why; and
ii
that the person may, within a period specified in the notice, make in writing or electronic form representations to the authority or, if the person so requests, make oral representations to the authority; and
b
shall consider any representations which are duly made and not withdrawn.
4
Where the licensing authority has taken relevant action against any person the authority shall, as soon as practicable, give to that person a notice in writing or in electronic form explaining the effect of regulation 15 (appeals).