Substance Licensing

Licensing Provisions

The Minister may at his discretion grant or refuse an application for a licence.The Minister may attach conditions to a licence including conditions as to its expiry or revocation.

The Minister may, if he so thinks proper, publish particulars of an application for a licence and invite representations concerning it from interested persons.

Issue of licences by local and harbour authorities

A local or harbour authority may at its discretion grant or refuse an application for a licence.The authority shall comply with any regulations of the Minister as to the conditions under which licences may be granted.Subject to regulations, the authority may attach to a licence such conditions as it thinks proper.

The authority may, if it so thinks proper, publish particulars of an application for a licence and invite representations concerning it from interested persons.

The authority shall cause a register of all licences granted by it under the Dangerous Substances Act to be kept in such form and containing such particulars as it may direct.The authority shall, when so required by the Minister, send to him, within the time specified, a copy of the register or any part thereof.

Any person, upon payment of a fee of twenty-five new pence, and an inspector, without payment, shall be entitled at all reasonable times to inspect and take copies of or extracts from a register kept under this subsection.

Appeal from local or harbour authority

If a local or harbour authority refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied, the authority shall, at his request, deliver to him a certificate stating the grounds on which the authority has refused a licence or attached the conditions.

The applicant may appeal to the Minister from the decision of the authority within ten days after receipt of the certificate or such further time as the Minister may allow.

The appeal shall be in writing setting out the applicant’s claim and shall be accompanied by the certificate.

Having considered the appeal the Minister may, at his discretion, direct the authority to grant or cancel the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, and the authority shall, subject to any variation thereof under section 34, comply with the direction.

Appeal from the Minister.

Where the Minister refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied or gives a direction with which the applicant is dissatisfied, the Minister shall, at the request of the applicant, deliver to him a certificate stating the grounds on which he has refused the licence, attached the conditions or given the direction.The applicant may appeal to the High Court from the decision or direction of the Minister.

On the hearing of an appeal from a decision of the Minister refusing the grant of a licence or granting a licence on conditions with which the applicant is dissatisfied, the Court may direct the Minister to grant the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, as may be appropriate.

On the hearing of an appeal from a direction the Court may either confirm the direction or direct the Minister to vary it in accordance with the order of the Court.

A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a specified question of law.

Where the licensee of premises ceases to use them for the purpose for which they are licensed he shall, within one month, so inform the Minister or authority by whom the licence was issued and surrender the licence.

Regulations.

The Minister may make regulations for the purposes of the Dangerous Substances Act. Without prejudice to the generality of the foregoing, regulations may provide for—

• the expiry and revocation of licences, or any class of licence, continued in force
• the amendment and revocation of instruments continued in force under that section, other than bye-laws capable of being amended or revoked by any local or harbour authority, or railway or canal undertaking, in the exercise of its statutory powers;
• the regulation and control of licensed factories, magazines and stores and the rules to be observed in or about or in connection with any such premises;
• the prohibition or control of importation of any substance to which the Dangerous Substances Act applies;
• enforcing compliance with the terms of any standard specification for the time being in force, under the Industrial Research and Standards Act, 1961 , in relation to any substance to which the Dangerous Substances Act applies.

Exemptions.

Where any substance to which the Dangerous Substances Act applies is on board ship in pursuance of the provisions of the Merchant Shipping Act, 1894 , or the Merchant Shipping (Safety Convention) Act, 1952 , nothing in the Dangerous Substances Act or regulations thereunder (other than provisions relating to importation) shall apply thereto, except that the conveyance and keeping of the substance, on board ship or elsewhere, while the ship is in harbour shall be in accordance with such provisions as may be prescribed.

Nothing in the Dangerous Substances Act or regulations thereunder (other than provisions relating to importation) shall apply to the carriage of any substance to which the Dangerous Substances Act applies aboard aircraft.

The Minister may, by regulations, exempt from all or any of the provisions of the Dangerous Substances Act any specified class of explosive and any specified class of person or premises, on such conditions as may be prescribed, where he is satisfied that the application of such provisions is unnecessary or impracticable.

Regulations may provide for the issue of licences for the purposes of the regulations and for attaching conditions to a licence.