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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 43
Requesting inspection of premises
43 Requesting inspection of premises
(1) This section applies if— (a) any of the following applications is
made— (i) an application for a retail or wholesale licence made under
section 17 ;
(ii) an application to renew a retail or wholesale licence made
under section 24 ;
(iii) an application to restore a retail or
wholesale licence made under section 25 ;
(iv) an application to change a
specific condition of a retail or wholesale licence made under section 30 ; or
(b) a licensee notifies the chief executive of a change of premises for a
retail or wholesale outlet.
(2) The chief executive may, by written notice
given to the applicant or licensee, ask the applicant or licensee to ensure
premises mentioned in the application or notice given to the chief executive
are made available for inspection by the chief executive on— (a) the day
stated in the written notice; or
(b) a day to be agreed between the applicant
and the chief executive.
(3) The written notice must be given to the
applicant or licensee within 30 days after the application is made or notice
is given to the chief executive.
(4) The day on which the premises are
requested to be made available for inspection by the chief executive must be
within 14 days after the day the written notice is given to the applicant or
licensee.
(5) If the premises are not made available for inspection by the
chief executive on the stated or agreed day, the application is taken to have
been withdrawn. Note— Failure of a licensee to make premises available for
inspection in compliance with a request under this section is grounds for
suspending or cancelling a retail or wholesale licence under section 36 or 37
.
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