New South Wales Consolidated Regulations

FOOD REGULATION 2004 - REG 10

10 Issue of licences

(1) The Food Authority may, after considering an application for a licence:

(a) grant the application, with or without conditions, or

(b) refuse the application.

(2) Without limiting the grounds on which the Food Authority may refuse to grant a licence, the Food Authority may refuse to grant a licence if it considers that there should be a food safety program for all or any of the food businesses proposed to be licensed and there is no such food safety program.

(3) If the Food Authority decides to grant a licence but considers that the licence fee accompanying the application has been wrongly calculated by the applicant, the Food Authority must:

(a) refund the amount of any overpayment by the applicant, or

(b) give notice in writing of any additional amount that is required to be paid including a statement that the Food Authority may refuse to issue the licence until that amount is paid.

(4) If the Food Authority grants an application for a licence, it must issue the licence to the applicant in a form that sets out the following:

(a) the activities authorised by the licence,

(b) the premises or vehicles on or in which such activities may be conducted,

(c) the conditions to which the licence is subject.

Note: The Act defines "vehicle" to mean any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

(5) If the Food Authority refuses an application for a licence, it must give notice of the refusal in writing to the applicant setting out the reasons for the refusal and informing the applicant of the applicant’s rights of review under this Regulation.

(6) If the Food Authority refuses an application for a licence, it is to refund any licence fee that was submitted by the applicant in connection with the application.