| 21 |
Where the Director concludes that a licence breach is involved for which a Greater Sanction (fine, shortening of licence or revocation) is warranted, the papers should be passed to the SMG. Further questions or requests for additional information may be put by the SMG to the licensee, who is given a reasonable time to respond in writing. The SMG decides whether either no breach is involved; or a breach is involved and no sanction or a Lesser Sanction is appropriate; or a breach is involved and a Greater Sanction is appropriate. Where the SMG concludes that a licence breach is involved for which a Greater Sanction should be considered, the licensee should be informed of this and the papers together with any further advice or recommendation from staff, should be passed to the Secretary for consideration at the next meeting of the Sub-Committee. |
| 14 |
On receipt of the papers, the Sub-Committee may, at its discretion, consider that the matter has reached a point at which the licensee should be warned that particular conduct is inappropriate, that failure to rectify such conduct may constitute a breach of its licence and that this could result in a sanction being imposed (see paragraph 9 above). If this is the case, that decision will be reported to the Commission and communicated to the licensee. Alternatively, the Sub-Committee may decide that it is appropriate to reach a decision on whether no breach is involved; whether a breach is involved but no statutory sanction is appropriate; or whether a Lesser or Greater Sanction should be applied. Where a Greater Sanction is to be considered, the Sub-Committee shall give the licensee an opportunity to request an oral hearing prior to a final decision being made. This hearing shall be before the Sub-Committee. The Sub-Committee’s decision shall be made on the basis of all the evidence before it including any material points raised at the oral hearing. It shall be reported to the Commission. The decision shall be communicated to licensees in writing with a statement of reasons. In the event of a statutory sanction, a press release will be issued, with the licensee being given a reasonable period of advance notice of the text and an opportunity to comment on what they consider to be factual errors in the text. |
