Local Government (Miscellaneous Provisions) Act 1976
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Change 1
62 Suspension and revocation of operators’ licences.
(1) Notwithstanding anything in this Part of this Act a district council may suspend or revoke, or (on application therefor under section 55 of this Act) refuse to renew an operator’s licence on any of the following grounds:— (a) any offence under, or non-compliance with, the provisions of this Part of this Act; (b) any conduct on the part of the operator which appears to the district council to render him unfit to hold an operator’s licence; (c) any material change since the licence was granted in any of the circumstances of the operator on the basis of which the licence was granted; (ca) that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;or (d) any other reasonable cause. (1A) Subsection (1)(ca) does not apply if— (a) in a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or (b) in a case where the operator has been required to pay an immigration penalty— (i) more than three years have elapsed since the date on which the penalty was imposed, and (ii) the amount of the penalty has been paid in full. (2) Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the operator notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew such licence within fourteen days of such suspension, revocation or refusal. (3) Any operator aggrieved by a decision of a district council under this section may appeal to a magistrates’ court.
62 Suspension and revocation of operators’ licences.
(1) Notwithstanding anything in this Part of this Act a district council may suspend or revoke, or (on application therefor under section 55 of this Act) refuse to renew an operator’s licence on any of the following grounds:— (a) any offence under, or non-compliance with, the provisions of this Part of this Act; (b) any conduct on the part of the operator which appears to the district council to render him unfit to hold an operator’s licence; (c) any material change since the licence was granted in any of the circumstances of the operator on the basis of which the licence was granted; (ca) that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;or (d) any other reasonable cause. (1A) Subsection (1)(ca) does not apply if— (a) in a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or (b) in a case where the operator has been required to pay an immigration penalty— (i) more than three years have elapsed since the date on which the penalty was imposed, and (ii) the amount of the penalty has been paid in full. (2) Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the operator notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew such licence within fourteen days of such suspension, revocation or refusal. (3) Any operator aggrieved by a decision of a district council under this section may appeal to a magistrates’ court.
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