Sussex wrote:
silvercab wrote:
Pertinent case for those whose licence renewal is delayed until a DBS check is returned
Good point.
But if they don't license until you get your DBS back, and that arrives back after your renewal date, then you no longer have a license and the burden is back on you.
Yes true, BUT can they refuse to RENEW (rather than grant) a licence because a DBS check which they themselves have processed has not been returned, I don't think they can. The legislation (1976 LGMPA sec 61) offers only the following reasons for refusal to renew;
(a)that he has since the grant of the licence—
(i)been convicted of an offence involving dishonesty, indecency or violence; or
(ii)been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or of this Part of this Act; or
(b)any other reasonable cause.
If a LO refused to renew then they are making the licensee prove his innocence, which the Kaivanpor ruling has proved to be unlawful