Codes & Guidance Notes

ITC Guidance Note for Licensees on the Application of Sanctions

Investigation

13 The case officer writes to the licensee explaining that a statutory sanction is under consideration and setting out the reasons. The case officer will have available the licensee’s response to any initial request for information, before the possibility of a sanction was considered. However, the licensee should be invited, within a reasonable period, to make any final representations on the basis of the case officer’s written assessment of the case (including all the relevant information on which the ITC will be relying) which will indicate the direction of the recommendation he/she is minded to give.
14 On reviewing all the arguments and evidence, if the case officer remains satisfied that a sanction may be appropriate, he/she submits a report (with all relevant documents appended) to the Divisional Director containing his/her assessment of the case, and a recommendation on any sanction.
15 The licensee is notified by the case officer that his/her report has been passed on and is advised to make any further representations to the Director.
16 The Divisional Director reviews the case officer’s report, together with any further representations made by the licensee. He/she may undertake further work (including seeking further information from the licensee) if in his/her view the necessary information for reaching a judgement is not yet available. The judgement he/she may reach is that either no licence breach is involved; or that a breach is involved but no statutory sanction is appropriate; or that a breach is involved and that a lesser or greater sanction is appropriate.
17 With the first two of these, the Divisional Director writes to the licensee setting out his/her conclusions together with the supporting reasons. Where breaches of the Programme or Advertising and Sponsorship Codes are involved, a report will appear in the relevant monthly bulletin. The case is then closed.

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