PART IIIAMENDMENT, SUSPENSION AND REVOCATION OF A LICENCE

Grounds for amendment and suspension9

A district council may at any time amend or suspend a licence on being satisfied that—

a

the licence conditions are not being complied with;

b

there has been a breach of these Regulations;

c

information supplied by the licence holder is false; or

d

it is necessary to protect the welfare of an animal.

Procedure for suspension and amendment10

1

If a licence is amended or suspended the district council must notify the licence holder in writing, without undue delay, by way of notice in accordance with paragraph (3).

2

Subject to regulation 14(3) an amendment or suspension under regulation 9 has effect at the end of the period of 7 days beginning with the date of service of the notice of amendment or notice of suspension.

3

A notice of amendment or suspension shall—

a

state the district council’s grounds for amendment or suspension;

b

state when it comes into effect;

c

specify any measures that the district council considers are necessary in order to remedy the grounds; and

d

set out the right to make representations to a district council under regulation 14(1) and the right of appeal to the magistrates’ court under regulation 14(4).

Reinstatement of licence11

1

A district council shall reinstate a suspended licence by way of notice once it is satisfied that the grounds specified in the notice of suspension have been or will be complied with.

2

Where a licence is reinstated under paragraph (1) the period for which it is issued may be varied.

Grounds for revocation of a licence12

1

The district council may revoke a licence on being satisfied that—

a

the licence conditions are not being complied with;

b

there has been a breach of these Regulations;

c

information supplied by the licence holder is false;

d

it is necessary to protect the welfare of an animal; or

e

a licence has been suspended for more than 28 days, unless there is an outstanding appeal to the magistrates’ court.

2

Where a licence holder is disqualified under any of the enactments listed in regulation 6 their licence is automatically revoked when the time limit for any appeal against that disqualification expires or, if an appeal is made, when that appeal is refused.

Notice of revocation13

1

When a district council revokes a licence it must notify the holder in writing and the notice of revocation shall have effect at the end of the period of 7 days beginning with the date of service of the notice of revocation.

2

A notice of revocation shall—

a

state the district council’s grounds for revocation;

b

state when it comes into effect; and

c

set out the right to make representations to a district council under regulation 14(1) and the right of appeal to the magistrates’ court under regulation 14(4).

Appeals14

1

Any person who is aggrieved by the refusal to grant a licence under regulation 5(3), a decision to amend or suspend a licence under regulation 9 or the decision to revoke a licence under regulation 12 may within 7 days of the refusal or decision make representations in writing to the district council.

2

Where representations are made under paragraph (1) in relation to a decision made under regulation 9 the amendment or suspension shall not have effect until the district council considers the representations and makes a determination in accordance with paragraph (3).

3

The district council shall make a determination on the representations and inform the aggrieved person of its determination in writing within 7 days from the date of its determination.

4

A person aggrieved by the determination of the district council under paragraph (3) may appeal to a magistrate’s court.

5

The procedure on an appeal to a magistrates’ court under paragraph (4) is by way of complaint, and the Magistrates’ Courts (Northern Ireland) Order 198113 applies to the proceedings.

6

The period within which an appeal may be brought is 28 days beginning with the day following the date on which the decision is notified under paragraph (3).