7 Licensing criteriaE+W+S
(1)It shall be the duty of the Authority, before granting any licences, to prepare and publish a document setting out—
(a)the criteria which it proposes to apply in determining whether or not to grant a licence; and
(b)the criteria which it proposes to apply in exercising its powers under this Act to revoke or modify a licence.
(2)The Authority may from time to time revise the document for the time being setting out the criteria mentioned in subsection (1)(a) and (b); and, if it does so, it shall publish the revised document.
(3)The criteria set out by the Authority under this section—
(a)shall include such criteria as the Authority considers appropriate for securing that the persons who engage in licensable conduct are fit and proper persons to engage in such conduct;
(b)may include such criteria as the Authority considers appropriate for securing that those persons have the training and skills necessary to engage in the conduct for which they are licensed; and
(c)may also include criteria relating to such other matters as the Authority thinks fit.
(4)In setting out any criteria or revised criteria under this section the Authority may provide for different criteria to apply—
(a)in relation to licences for different descriptions of licensable conduct; and
(b)in relation to the initial grant of a licence and in relation to a further grant to the same licensee for the purpose of renewing an earlier licence.
(5)Criteria or revised criteria set out under this section shall not have effect for the purposes of this Act unless the Secretary of State has approved them.
[F1(5A)Before giving approval under subsection (5), the Secretary of State shall consult the Scottish Ministers [F2and the Department of Justice].]
(6)The publication in accordance with this section of any document setting out any criteria or revised criteria must be in such manner as the Authority considers appropriate for bringing it to the attention of the persons likely to be affected by it.
Textual Amendments
F1S. 7(5A) inserted (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 5; S.S.I. 2006/381, art. 2(a)(i)(b)(i)
F2Words in s. 7(5A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 4 (with arts. 28-31)
Commencement Information
I1S. 7 in force at 1.11.2003 by S.I. 2003/2710, art. 2(a)
I2S. 7 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)
I3S. 7 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3
I4S. 7 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3