Where a penalty imposed under section 30, or any portion of such a penalty, has not been paid by the date on which it is required to be paid and—
(a)no application relating to the penalty has been made under section 36 during the period within which such an application may be made, or
(b)any such application which has been made has been determined, withdrawn or otherwise dealt with,
the Commission may recover from the licence holder any of the penalty and any interest which has not been paid; and in England and Wales and Northern Ireland such penalty and interest may be recovered as a civil debt due to the Commission.