Statutory Licensing

If you work in a sector where you require a licence to operate, loss of the licence may mean the loss of your business. We advise businesses and individuals accused of licensing breaches in various sectors including care, transport, labour provision, housing and security.

You may have received a written warning notice that an inspector considers you have not complied with regulations by failing to meet key criteria or standards.
The notice may require you to remedy the situation and direct you how to do this. In more serious cases, licenses may be suspended or revoked without warning.

In some cases you may be called in for an interview. Where there is a possibility of a criminal sanction, for example breach of health and safety or fire safety requirements (perhaps following a workplace injury), then the interview would be under a criminal caution. It is very important that you are fully advised prior to the interview and represented in interview. In some cases, we may be able to submit written responses and will consider with you if this is a preferable option.

Licence standards and regulations can be lengthy and complex. A breach may have been as a result of an oversight or misunderstanding. Sometimes, no breach has occurred and the circumstances must be explained or may have come as a result of false allegations or a failure by an inspector to understand a business.

Any penalties for alleged non-compliance must be proportionate to the impact of any breach of the rules, taking into account all the circumstances. However, penalties can be serious, including financial sanctions, loss of a licence or the placing of conditions on a licence, findings of persons not being ‘fit and proper’ to hold a licence and, in some circumstances, criminal sanctions.

If you have received a notice, we will discuss it with you and review any allegations and decide with you whether to challenge its content or to explain why any breaches occurred and aim to retain your licence.

Usually there is a short timeframe within which to make representations in response to a notice so it is critical that you act quickly to protect your position as best you can.