PART 1Airports
CHAPTER 1Regulation of operators of dominant airports
Licences
I116Refusing to grant licence
1
The CAA may refuse to grant a licence for an airport area if—
a
the CAA considers that the applicant is not the operator of the area and is not likely to become the operator of the area,
b
the area is not a dominant area (or part of a dominant area) and the CAA considers that it is not likely to become a dominant area (or part of a dominant area),
c
the airport at which the area is located is not a dominant airport and the CAA considers that it is not likely to become a dominant airport,
d
the applicant is a person falling within subsection (2), or
e
the applicant is connected to a person falling within subsection (2).
2
A person falls within this subsection if—
a
the person has previously held a licence in respect of the airport area that is the subject of the application or an area that included all or part of that airport area, and
b
the licence was revoked in accordance with a relevant provision of the licence.
3
For the purposes of subsection (2)(b) a provision is a relevant provision of the licence if it states that revocation of the licence entirely or partly in reliance on that provision is relevant for the purposes of this section.
4
Before refusing to grant a licence, the CAA must—
a
publish a notice in relation to the proposed refusal,
b
send a copy of the notice to the persons listed in subsection (5), and
c
consider any representations about the proposed refusal that are made in the period specified in the notice (and not withdrawn).
5
Those persons are—
a
the applicant for the licence, and
b
such bodies representing airport operators or providers of air transport services as the CAA considers appropriate.
6
A notice under subsection (4) must—
a
state that the CAA proposes to refuse to grant the licence,
b
specify the airport area in respect of which the application was made,
c
specify the airport at which the area is located, and
d
give the CAA's reasons for the proposed refusal.
7
The period specified in the notice must be a period of not less than 30 days beginning with the day on which the notice is published.
8
The CAA may withdraw a notice under subsection (4) at any time.
9
If, after complying with subsections (4) to (7), the CAA decides to refuse to grant the licence, it must—
a
publish a notice of its decision, and
b
send a copy of the notice to the persons listed in subsection (5).
10
A notice under subsection (9) must—
a
specify the airport area in respect of which the application was made,
b
specify the airport at which the area is located, and
c
give the CAA's reasons for the refusal.