2020-09-08 S&O Agenda - Item 1 - Attachment 3 Delegations of Authority Council to Chief Executive (No Changes)

DESCRIPTION OF POWER DELEGATED                                                    LEGISLATION

Power to make enquiries as to the suitability of the applicant to hold a licence, Section 59(1)(a)
and the suitability of the premises for carrying on a licensable food business.

Power to require the applicant to give Council further information or documents Section 59(1)(b)
that Council reasonably requires.

Power to extend the time needed to make a decision about the application.         Section 62(2)

Power to agree with the applicant, at any time prior to the final consideration Section 62(3)
day, about the day upon which the application must be decided.

Power to issue a provisional licence, at any time prior to deciding an application Section 64
for a licence.

Power to decide the term of the licence. (Note: not more than 3 years).           Section 67

Power to decide the term of the provisional licence. (Note: not more than 3 Section 68(1)
months).

Power to extend, and further extend, the term of a provisional licence (to a total Section 68(2)
period of not more than 3 months after the provisional licence was issued).

Power to impose reasonable conditions on the licence.                             Section 69(1)(e)

Power to consider and renew, or refuse to renew, the licence for an application Section 72(3)
made under section 72(1) of the Food Act 2006

Power to consider and restore, or refuse to restore, the licence, where Section 73(3)
application has been made under section 73(1) of the Food Act 2006.

Power to consider and amend, or refuse to amend, a licence, where application Section 74(3)
has been made under section 74(1) of the Food Act 2006.

Power to require the applicant to give Council further information or documents Section 75(1)
Council reasonably requires to decide the application (for an application that is
made under Chapter 3, Part 5, Division 2, Subdivision 1, i.e. sections 72(1),
73(1) and 74(1)).

Power to give an information notice where Council has failed to decide an Section 77(4)
application within 30 days of receipt under Chapter 3, Part 5, Division 2,
Subdivision 1, i.e. Sections 72(1), 73(1) and 74(1).

Power to give a show cause notice.                                                Section 79(2)

Power to consider representations about a show cause notice.                      Section 80(2)

Power to end the show cause process after considering representations made Section 81
by the licensee.

Power to suspend a licence after considering representations (if any).            Section 82(2)(a)



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