PART 7REVOCATION OF AUTHORISATIONS AND APPEALS AGAINST CERTAIN DECISIONS

Revocation of a licence23

1

The licensing authority which grants a licence may, subject to paragraphs (3), (4), (5) and (6), revoke that licence—

a

where there has been a change in circumstances such that the site or, within it, any place in which explosives are manufactured or stored which the licence relates to is no longer suitable for that manufacture or storage;

b

where it appears to the licensing authority on information obtained by it after the grant of the licence that the licensee is not a fit person—

i

to store explosives, in the case of a person licensed to store explosives; or

ii

to manufacture explosives, in the case of a person licensed to manufacture explosives; or

c

by agreement with the licensee.

2

A person whose licence is revoked must ensure that—

a

all explosives are removed from a site as soon as is practicable after revocation of a licence in respect of that site;

b

those explosives are deposited at a site which is the subject of a licence which permits any storage resulting from that depositing, or suitable arrangements are made for those explosives to be disposed of; and

c

the licence is returned to the licensing authority within 28 days of the date that the revocation takes effect pursuant to paragraph (6).

3

Where a licensing authority proposes to revoke a licence, it must, before taking any such action, notify the licensee of its proposed course of action and afford that person the opportunity of making representations to the licensing authority about it, within a period of 28 days from the date of the notification.

4

Representations made for the purpose of paragraph (3) may be made in writing, or both in writing and orally.

5

Where the licensing authority decides to revoke a licence, it must provide in writing to the licensee the reasons for its decision.

6

Where the licensing authority revokes a licence, that revocation takes effect from a date to be determined by the licensing authority which must be a date after the 28 day period referred to in paragraph (3).