Pigs and Bacon Act, 1935

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Alteration and revocation of licences.

30.—(1) The Minister may at any time, upon the application of the licensee under a licence or of the legal personal representative or the liquidator of such licensee, alter or revoke such licence.

(2) The Minister may at any time, on his own motion but subject to the provisions of this section, revoke a licence if he is satisfied—

(a) that such licence was obtained by fraud or by misrepresentation, or

(b) that the premises to which such licence relates have ceased to comply with any of the conditions of cleanliness and suitability of premises or (in the case of a curing and slaughtering licence) with any of the conditions of suitability of slaughtering premises, or

(c) that bacon has ceased to be produced in the said premises, or

(d) that the licensee under such licence has ceased to be the owner of the said premises and such licence has not been transferred by the Minister to any other person, or

(e) that such licensee, if an individual, has died or, if an incorporated body, has been dissolved and such licence has not been transferred by the Minister to another person within three months after such death or dissolution, or

(f) that such licensee has been adjudicated a bankrupt, or

(g) that in the opinion of the Minister there has been a contravention (whether by way of commission or omission) by such licensee of any of the provisions of this Act or any regulations made under this Act, or

(h) that such licensee has been convicted of an offence under section 9 of the Control of Manufactures Act, 1934 , (No. 36 of 1934).

(3) Before revoking (otherwise than in accordance with an application in that behalf made under this section) a licence the Minister shall serve a notice in writing on the holder of such licence or his personal representative (if any) or its liquidator (as the case may be) stating his intention to revoke such licence and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—

(a) the Minister shall not revoke such licence until the expiration of one month after the service of such notice, and

(b) where any representations are made within seven days after the service of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—

(i) the Minister shall consider such representations, and

(ii) unless, as a result of such consideration, he decides not to revoke such licence, the Minister, in case such person, within seven days after the service of such notice, requests that an inquiry be held in relation to the matter, shall or, in any other case if he thinks fit so to do, may cause such inquiry to be held, and

(iii) where the Minister causes any such inquiry to be held, he shall not revoke such licence until such inquiry has concluded; and

(c) the following provisions shall have effect in relation to every inquiry held under this sub-section, that is to say:—

(i) the Minister shall appoint a person, being a practising barrister of at least ten years' standing to hold such inquiry, and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer;

(ii) the Minister shall give to the person in relation to whom such inquiry is to be held notice of the time and place of the holding of such inquiry, and such person shall be entitled to appear at such inquiry personally or by counsel or solicitor, and to adduce evidence.

(4) There shall be paid to a person appointed to hold an inquiry under the immediately preceding sub-section such remuneration as the Minister, with the consent of the Minister for Finance, shall fix.