Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
Determination of application for licence | ||
12. (1) This section applies where the Executive receives an application under section 11 (1). | ||
(2) Where an application is made in accordance with section 11 , the Executive shall grant a licence to the applicant in accordance with the application where it is satisfied that the application complies with the requirements of that section. | ||
(3) The Executive shall refuse to grant a licence where— | ||
(a) the application is not made in accordance with section 11 or otherwise does not comply with the requirements of that section, | ||
(b) the applicant has, after the commencement of this section, been convicted of 2 or more category A offences (within the meaning of section 39 ), or | ||
(c) it has reasonable grounds to believe that the application, the declaration under section 11 (7)(c) or any document or information accompanying the application, contains information that is false or misleading. | ||
(4) Where the Executive grants a licence, the Executive shall, as soon as practicable after doing so, issue the licence under section 13 to the applicant and shall notify the applicant accordingly. | ||
(5) Where the Executive refuses to grant a licence, the Executive shall, not later than 14 days after the date of such refusal, notify the applicant in writing of— | ||
(a) the refusal of the application and the reasons for it, and | ||
(b) the applicant’s right to appeal the refusal in accordance with section 16 . |