HMRA4020 – Refusal/cancellation: Where in law do we have the discretion to refuse?
The following legal provisions allow us the discretion to refuse:
- CEMA s100G allows to refuse or cancel a warehousekeeper, owner, duty representative or REDS application/registration, provided we have good reason to believe the trader is not fit or proper to carry on that business;
- ALDA s15 and CEMA s92 allow us to refuse or cancel a warehouse approval where the premises are not fit/secure to store excise goods in suspension; and
- ALDA s12 provides us discretion in deciding whether or not to grant a distiller’s licence.
We do not have the discretion to refuse an application for a brewery, winery, or cider producer.
