New South Wales Consolidated Regulations

FOOD REGULATION 2004 - REG 14

14 Suspension or cancellation of licence

(1) The Food Authority may suspend or cancel a licence:

(a) if the Food Authority is satisfied that the suspension or cancellation is necessary to avert a potential threat to food safety, or

(b) if the Food Authority is satisfied that there has been a contravention of any provision of the Act or this Regulation in relation to the carrying on of the food business authorised by the licence, or

(c) if the Food Authority is satisfied that a condition to which the licence is subject has been contravened, or

(d) if the Food Authority is of the opinion that the food safety program for the food business is inadequate or is not being properly implemented, or

(e) if any amount due to the Food Authority under the Act by the holder of the licence is unpaid, or

(f) if the Food Authority is of the opinion that the holder of the licence, or a person involved in the carrying on of the food business authorised by the licence, does not have the necessary capacity, experience or qualifications to ensure the safety of food for human consumption, or

(g) at the request of the holder of the licence.

(2) The Food Authority may suspend or cancel a licence only after having given the holder of the licence written notice of its intention to suspend or cancel the licence setting out its reasons.

(3) The notice must include a statement that the holder of the licence concerned may make submissions to the Food Authority in relation to the proposed suspension or cancellation within 14 days after the date of the notice.

(4) Subclauses (2) and (3) do not apply to the suspension or cancellation of a licence at the request of the holder of the licence.

(5) The suspension or cancellation of a licence:

(a) must be made by notice in writing, and

(b) must be served on the holder of the licence, and

(c) takes effect on the day on which the notice is served or on a later day specified in the notice.

(6) The notice referred to in subclause (5) must set out the reasons for the suspension or cancellation and inform the holder of the licence of the rights of review under this Regulation.

(7) If a licence authorises the carrying on of more than one activity, the Food Authority may suspend the licence to the extent to which it authorises a particular activity or activities to be carried on.

(8) If a licence authorises the carrying on of an activity at 2 or more premises or in or on 2 or more vehicles, the Food Authority may suspend the licence to the extent to which it authorises activities to be carried on at particular premises or in or on a particular vehicle.