Schedule 8A Transfer of operating centres
Applications for new licences
F12
(1)
The following provisions have effect in relation to any application for an operator’s licence in respect of which a direction has been given under paragraph 1 of this Schedule.
(2)
The notice published under section 63(1) of this Act shall state that the direction has been given.
(3)
The following provisions of this Act shall not apply—
section 64(3)(c) so far as relating to the suitability of any place specified in the licence for use as an operating centre of the licence-holder;
section 64A(3)(f);
section 69B; and
section 69E.
(4)
Notwithstanding anything in section 64(9) of this Act, the licensing authority may refuse the application if—
(a)
any statement of fact made by the applicant (or procured by him to be made) for the purposes of the request for the direction under paragraph 1 of this Schedule was false (whether to his knowledge or not); or
(b)
any undertaking given or statement of expectation made by the applicant (or procured by him to be given or made) for those purposes has not been fulfilled.
(5)
If the application is granted, the licensing authority—
(a)
shall attach to the licence issued to the applicant any conditions in respect of which the applicant has consented under paragraph 1(4) of this Schedule; and
(b)
shall not attach any other conditions to the licence under section 64B or 69C of this Act.
(6)
If the application is granted, the licensing authority shall record in the licence—
(a)
any undertakings given or procured to be given under paragraph 1(5) of this Schedule; and
(b)
any other undertakings given by the applicant (or procured by him to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 1 of this Schedule, that the licensing authority considers to be material to his decision to give the direction (and that would not otherwise be required by section 64A(4) of this Act to be recorded in the licence).