the licence concerned by means of a written order served on the holder of the licence or the person in actual and
effective control of the trade or business concerned pending review thereof by the licensing authority.
(2) A licensing authority shall, in an order referred to in subsection (1), state the general purport of the
grounds for the suspension and shall afford the holder of the licence concerned the opportunity within seven days
of the d ate of the service of such order to furnish written reasons for the cancellation of the order.
(3) A licensing authority may, in its discretion, at any time before the review of the licence concerned, cancel
an order referred to in subsection (1).
(4) Unless an ordinary sitting of the licensing authority occurs within such period, a licensing authority shall
meet not later than fourteen days after the service of any order in terms of subsection (1) for the purpose of reviewing a su spended licence and notice of the place, time and date of such meeting shall be served upon the
holder of the licence concerned at the same time as he is served with the order.
(5) Any person who contravenes or fails to comply with an order in terms of subsection (1) shall be gu ilty of
an offence and liable to a fine not exceeding level nine or to imprisonment for a period not exceeding two years or
to both such fine and such imprisonment.
[Subsection as inserted by section 4 of Act No. 22 of 2001]
36 Proceedings on review of licence
(1) On the review of a licence by a licensing authority, the maker of any report which is to be considered on
such review and the holder of the licence concerned shall be entitled to appear before the licensing authority in
person or represented by a legal practitioner or, in the case of a body of persons, corporate or unincorporate, by
some duly authorized representative thereof or to submit any statement in writing in connection with such review
to the licensing authority.
(2) Sections eight, nine, ten, seventeen and nineteen and subsections (2) and (3) of section eighteen shall apply, mutatis mutandis, to the review of a licence by a licensing authority.
37 Cancellation of licence on review or other decision
(1) A licensing authority may, on the r eview of a licence—
(a) cancel the licence for any of the reasons referred to in subsection (2) of section thirty-four;
(b) revoke any existing condition, restriction or requirement of, or impose any new, or amend any existing,
condition, restriction or requirement on, the licence:
Provided that a licensing authority shall not in terms of this paragraph—
(i) impose any new condition, restriction or requirement which could not; or
(ii) so amend any existing condition, restriction or requirement so tha t the condition, restriction or
requirement as amended could not;
have been imposed upon the issue of a new licence in terms of section twenty;
(c) exercise, mutatis mutandis , the powers referred to in paragraph (f) of subsection (1) of section twenty;
(d) order the suspension or continued suspension in whole or in part of the licence concerned until there has
been compliance with such conditions as the licensing authority may specify;
(e) if the licence has been suspended, cancel such suspension unconditionally or exercise, mutatis mutandis ,
the powers referred to in paragraph (b).
(2) When a licensing authority exercises the powers referred to in paragraph (a ), (b), (c) or (d ) of subsection
(1) it may order that, notwithstanding the noting of an appeal against any such decision or during any period of
postponement in terms of paragraph ( c) of that subsection, as the case may be, the trade or business to which the
licence concerned relates shall, either in whole or in part, be forthwith discontinued.
(3) Any person who contravenes or fails to comply with an order in terms of paragraph (d) of subsection (1)
or sub section (2) shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for
a period not exceeding one year or to both such fine and such imprisonment.
[Subsection as inserted by section 4 of Act No. 22 of 2001]
38
Surrender of licence after review
(1) When a licensing authority on review of a licence cancels the licence or imposes any new or amends the
existing conditions, restrictions or requirements relating thereto the holder of the licence concerned shall surrender
the licence to the licensing authority for cancellation or amendment, as the case may be—
(a) if no appeal in terms of this Act has been noted, by not later than the day following the date of expiry of
the period allowed for noting the appeal; or
(b) if an appeal has been noted in terms of this Act and the Administrative Court or the Supreme Court, as
the case may be, confirms the decision, in whole or in part, of the licensing authority, forthwith upon the
delivery of the decision on appeal.
(2) A holder of a licence who fails or refuses to surrender his licence to the licensing authority in terms of
subsection (1) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a
period not exceeding three months or to both such fine and such imprisonment.
[Subsection as inserted by section 4 of Act No. 22 of 2001]
Select target paragraph3
Add to table of contents