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POISONS ACT 1971 - SECT 10 Suspension or cancellation of licence

POISONS ACT 1971 - SECT 10

Suspension or cancellation of licence

(1)  The responsible licensing authority may, by written notice served on the holder of a licence granted under this Act, suspend or cancel the licence –
(a) if satisfied that –
(i) the licence holder has breached a condition or restriction of the licence; or
(ii) the licence holder is no longer a fit and proper person to hold the licence; or
(iii) except in the case of a poppy research licence or a poppy grower's licence – the licence holder has failed to pay a fee in relation to the licence by the date on which the licence holder is required under this Act to pay the fee; or
(iv) the licence holder has become bankrupt, applied for relief of bankrupt or insolvent debtors, compounded with creditors or made an assignment of his or her remuneration for their benefit; or
(v) if the licence holder is a corporation – a receiver or manager has been appointed or the licence holder is being wound up or is under official management; or
(vi) the licence holder has ceased to carry on business; or
(vii) the revocation or suspension is required because there is an imminent risk of harm to the public if the licence continues in force; or
(viii) the premises used for the purposes of the licence are unfit for use; or
(ix) the licence was obtained on the basis of incorrect or misleading information; or
(b) if the licence holder requests the suspension or cancellation of the licence; or
(c) if the licence is a licence granted under section 27  – because, since the licence was granted or last renewed, a pharmacist has commenced business at a pharmacy which is situated within 10 kilometres, by the nearest practicable route, of the place where the shop of the holder of the licence is situated; or
(d) for any other prescribed reason.
(2)  Before suspending or cancelling a licence under this section (other than at the licence holder's request), the responsible authority is to –
(a) give to the licence holder notice in writing specifying that the licence holder may, within 30 days from the date of the notice, make representations to the authority as to why the licence should not be suspended or cancelled; and
(b) give consideration to any representations that the licence holder makes under paragraph (a) .
(3)  The suspension or cancellation under this section of a licence takes effect –
(a) on and from the day specified in the notice under subsection (1) ; and
(b) in the case of a suspension, until the suspension is revoked, if at all.