Singapore legislation
Section 99
Section 99
Licences
(1)
Any licence under this Act may be —
granted or renewed at the discretion of the Director‑General;
granted, renewed or refused without any reason for the grant, renewal or refusal being given therefor; and
granted or renewed subject to any restrictions and conditions that the Director‑General may think fit.
(2)
The Director‑General may require any applicant for a licence to furnish any information and evidence that he or she may reasonably require for a full and proper consideration of the application.
(3)
If the applicant refuses to furnish the information under subsection (2), the Director‑General must refuse to grant or renew the licence.
(4)
The Director‑General may, before granting or renewing any licence, require the applicant to give security, either in the form of a cash deposit or by entering into a bond, that the provisions of this Act and of the conditions of the licence will be duly observed.
(5)
Where an applicant is required to enter into a bond, the Director‑General may require not more than 2 sureties to enter into the bond with the applicant.
(6)
Any sum deposited or bond entered into under this section is liable to forfeiture in whole or in part at the discretion of the Director‑General on cancellation of the licence.
(7)
Any person who wilfully furnishes any false information in any application for a licence shall be guilty of an offence and any licence granted is void and of no effect.
(8)
Subject to the provisions of this Act, any licence may be for such period as the Director‑General thinks fit.
(9)
There must be charged for the grant or renewal of any licence any fee that may be prescribed by the Agency with the approval of the Minister.
(10)
Where a licence is granted for a period of less than 12 months, the Director‑General may charge a proportionate fee therefor; and in charging the proportionate fee, any part of a month is reckoned as one month.
(11)
No licensee is entitled to any refund of any fee paid by the licensee in respect of any licence.
(12)
A person must not in any manner transfer any licence or permit any licence to be used by any other person without the approval in writing of the Director‑General.
(13)
Subject to subsection (14), it is lawful for the Director‑General to modify the conditions of a licence without compensating the licensee concerned.
(14)
Before modifying any conditions of a licence, the Director‑General must give notice to the licensee holding that licence —
stating that the Director‑General proposes to make the modification in the manner specified in the notice; and
specifying the time (being not less than a prescribed period after the date of service of notice on the licensee) within which the licensee may make written representations to the Director‑General with respect to the proposed modification.
(15)
Where a licensee —
is in breach of any restriction or condition subject to which the licence was granted; or
has contravened any provision of this Act,the Director-General may —
suspend or cancel the licence; and
in the case of paragraph (a), in lieu of or in addition to paragraph (c), impose a financial penalty of any amount, not exceeding $5,000, unless the breach in paragraph (a) is an offence under this Act.
(16)
Subject to the provisions of this Act, any person who is aggrieved by —
the refusal by the Director‑General to grant or renew any licence;
the decision of the Director‑General to modify the conditions of a licence under subsection (13);
the suspension or cancellation by the Director‑General of any licence;
the imposition of any financial penalty by the Director‑General; or
the forfeiture of any sum deposited or bond entered into under this section,may, within 14 days of the refusal, suspension, cancellation, imposition of financial penalty or forfeiture, appeal to the Minister whose decision is final.
(17)
Any financial penalty imposed on any person under this section is to be paid into the Consolidated Fund.
(18)
The provisions of this section affecting any licence or permit apply (so far as relevant) to any licence or permit granted or renewed under Parts 4 and 9 by the Director‑General, Food Administration —
as if the licence or permit were granted or renewed under any other Parts of this Act pursuant to an application to the Director‑General;
as if the reference to the Director‑General in this section were a reference to the Director‑General, Food Administration;
as if the reference to the Agency in this section were a reference to the Singapore Food Agency;
as if the reference to the Minister in this section were a reference to the Minister charged with the responsibility for food safety; and
with any other exceptions, modifications and adaptations that the differences between Parts 4 and 9 and other Parts require.
(19)
In this section, “licence” includes any approval, permit, permission, authority, authorisation or licence which may be granted or renewed under this Act, but does not include a cleaning business licence granted or renewed under Part 9A.