Food Act 1984

19 Refusal or cancellation of registration. E+W

(1) Subsection (2) applies in the case of any premises in respect of which an application is made for registration under section 16, or which are registered under that section, if it appears to the local authority—

(a) that the requirements of regulations in force under section 13 are not complied with in connection with the premises or the business carried on at the premises; or

(b) that the premises or any part of the premises are other-wise unsuitable (having regard to considerations of hygiene and in particular to the situation, construction or condition of the premises, or to any activities carried on in them) for use for the purpose or purposes specified in the application, or for which they are used, as the case may be.

(2) In such a case the authority may serve on the applicant for registration or, as the case may be, on the occupier of the premises, a notice—

(a) stating the place and time (not being less than 21 days after the date of the service of the notice) at which they propose to take the matter into consideration; and

(b) informing him that he may there and then attend before them, with any witnesses whom he desires to call, to show cause why the authority should not, for reasons specified in the notice, refuse the application or, as the case may be, cancel the registration of the premises.

(3) A person entitled under subsection (2) to appear before any authority—

(a) may appear in person or by counsel or a solictor or any other representative; or

(b) may be accompanied by any person whom he may wish to assist him in the proceedings.

(4) If a person on whom a notice is served under subsection (2) fails to show cause to the local authority’s satisfaction, they may refuse the application or, as the case may be, cancel the registration of the premises, and

(a) shall forthwith give notice to him of their decision in the matter; and

(b) shall, if so required by him within 14 days from the date of their decision, give to him, not later than 48 hours after receiving the requirement, a statement of the grounds of the decision.

(5) A person aggrieved by the decision of a local authority under this section to refuse to register any premises, or to cancel the registration of any premises, may appeal to a magistrates’ court.