Section 8
Revocation or suspension of licence
of Secondhand Goods Dealers Act 2007
(1)
The Licensing Officer may revoke a licence or suspend a licence for such period as he or she thinks fit —
if the Licensing Officer is satisfied that the licensee —
has ceased to carry on the business for which the licensee has been licensed or, if the licensee being a company, has gone into liquidation or is wound up or otherwise dissolved;
has improperly obtained the licence contrary to the provisions of this Act;
is no longer a fit and proper person to continue to hold a licence;
has been convicted of any offence involving dishonesty or, if the licensee is a company, any of its officers holding a managerial or an executive position has been convicted of any offence involving dishonesty;
is carrying on or has carried on the business of a secondhand goods dealer in such a manner as to render the licensee unfit to continue to hold a licence;
has failed to comply with any condition of the licence;
is contravening or has contravened any of the provisions of this Act; or
has been convicted of any offence under this Act or, if the licensee is a company, any of its officers holding a managerial or an executive position has been convicted of any offence under this Act; or
if the Licensing Officer considers it in the public interest to do so.
(2)
The Licensing Officer must, before revoking or suspending any licence under subsection (1), give the licensee written notice of the Licensing Officer’s intention to do so, specifying a date, not less than 14 days after the date of the notice, upon which the revocation or suspension takes effect and calling upon the licensee to show cause to the Licensing Officer why the licence should not be revoked or suspended.
(3)
When the Licensing Officer has revoked or suspended a licence under subsection (1), he or she must immediately inform the licensee by notice in writing of the revocation or suspension.
(4)
Any person whose licence has been revoked or suspended under subsection (1) may, within 14 days of the receipt of the notice mentioned in subsection (3) or such extended period of time as the Minister may allow, appeal in writing against the revocation or suspension to the Minister whose decision is final.
(5)
Any revocation or suspension of a licence does not take effect until the expiration of a period of 14 days after the Licensing Officer has informed the licensee of the revocation or suspension in accordance with subsection (3), and if within that period, the licensee gives due notice that an appeal has been made to the Minister, the revocation or suspension order does not take effect unless the revocation or suspension order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
(6)
Where any licence has been suspended under subsection (1), the Licensing Officer may, at any time and subject to such conditions as he or she may think fit to impose, lift the suspension if he or she considers it appropriate to do so.