HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 38 Short title and commencement.

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HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 38

Short title and commencement.

38.(1) This Act may be cited as the Horticulture Act (Northern Ireland) 1966.

(2) Commencement1. An application for a licence shall be in such form as
the Ministry may require, and shall be made to the Ministry at such time and
in such manner as may be prescribed.

2.(1) An applicant for a licence of any description shall, at the time at
which the application is made, pay to the Ministry a fee of such amount as
may, with the approval of the Ministry of Finance, be prescribed with respect
to licences of that description.

(2) The Public Offices Fees Act 1879 shall not apply to a fee payable under
this paragraph.

3. The Ministry may refuse to issue a licence to an applicant

(a)who gives false information in his application; or

(b)who formerly held a licence and whose licence has been revoked; or

(c)whom the Ministry believes on reasonable grounds not to be the person for
the benefit of whose business the application for the licence was made.

4. Where an application for a licence is refused the Ministry shall repay to
the applicant the amount of the fee paid by him under paragraph 2.

5. A licence shall, unless suspended under paragraph 7 or revoked under
paragraph 8, be in force for such year or for such other period as
the Ministry may direct, but shall be renewable; and this Schedule shall apply
to the renewal of a licence as it applies to the grant thereof.

6. The Ministry may amend any conditions specified in a licence but no such
amendment shall have effect unless and until it has been brought to the notice
of the holder of the licence.

7. Where the Ministry has reason to suspect that the holder of a licence has
contravened the provisions of the Part under which the licence was issued or
Part IV or regulations made under any such Part or any condition of the
licence, the Ministry may, pending investigation of the suspected
contravention and on giving notice in writing to the holder specifying the
suspected contravention, suspend the licence; but, within a period of
twenty-eight days from the day on which the licence is suspended, the Ministry
shall either remove the suspension or revoke the licence under paragraph 8.

8. The Ministry may revoke or refuse to renew a licence

(a)where the Ministry is satisfied that the holder of the licence has
contravened any of the provisions of the Part under which the licence was
issued or Part IV or regulations made under any such Part or any condition of
the licence; or

(b)where the Ministry is not satisfied that the premises, if any, with respect
to which the licence was granted or the plant, equipment or utensils therein
are being maintained in conformity with standards applicable thereto by virtue
of this Act; or

(c)on any ground on which the Ministry might have refused to issue a licence.

9. Where the Ministry proposes to revoke or to refuse to renew a licence,
the Ministry shall give to the holder of the licence at least twenty-eight
days prior notice of its intention to do so and of the grounds upon which the
proposed revocation or refusal is contemplated; and before revoking or, as the
case may be, refusing to renew the licence the Ministry shall consider any
representations in relation thereto made by the holder before the expiration
of the notice.

10. Where the Ministry refuses to issue a licence or revokes or refuses to
renew a licence

(a)the Ministry shall send by post a notice of the refusal to issue a licence
or of the revocation or refusal to renew to the person whose application for a
licence has been refused or, as the case may be, whose licence has been
revoked or the renewal of whose licence has been refused; and,

(i)the notice shall specify the grounds on which the application has been
refused or the licence revoked or its renewal refused; and

(ii)where a licence has been refused under paragraph 3(c) or the licence has
been revoked or the renewal thereof has been refused under paragraph 8(a), the
notice shall inform that person of his right of appeal under sub-paragraph (b)
and of the time within which the appeal may be brought;

(b)a person whose application for a licence has been refused under
paragraph 3(c) or whose licence has been revoked or the renewal of whose
licence has been refused under paragraph 8(a) may, within twenty-eight days
from the date on which a notice under sub-paragraph (a) is served on him,
appeal to the county court on the ground that he is a bona fide applicant for
a licence, or, as the case may be, that there has not been any such
contravention as is described in paragraph 8(a) or that any such contravention
was inadvertent or of such a trivial or insignificant nature that the licence
should not be revoked or withheld;

(c)the county court in deciding an appeal brought under sub-paragraph (b)
shall state the reasons for its decision, and that decision shall be final.

11. The Ministry shall, on the payment of a fee of [25p], issue to any person
a certified copy of a licence held by him.

12. When a licence is suspended or revoked, the holder shall, within fourteen
days of receiving a request for its return to the Ministry, return the licence
to the Ministry together with any certified copies thereof issued to him under
paragraph 11.

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Northern Irish Legislation

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 38