Your licence will be revoked if:
- it has been obtained using fraudulent documents and/or fraudulent identity, or if the licence has been used by someone other than you to engage in licensable conduct;
- you do not have the training qualifications that you claimed to have on your application;
- you receive a conviction, caution, warning, absolute/conditional discharge or admonishment for a relevant offence; or
- you have been working with a licence without the right to work or we have been informed by the relevant authorities that you do not have the right to work or are in the United Kingdom illegally.
Your licence may also be revoked if:
- you break any of the conditions upon which the licence was issued;
- you refuse or neglect to undertake the training that we have directed you undertake; or
- we hold information which indicates that you are not a fit and proper person to hold a licence.
If we judge it necessary to revoke a licence, we will write to tell you. This letter will set out the basis for our assessment, and invite you to supply further information. You will then have 21 days to respond to this revocation letter.
Your response to the revocation may include any factual errors that you believe exist in our assessment (for example, an error concerning identity or an error in assessing criminal history). However, we will only invite you to provide mitigation if your criminality does not place you in the automatic refusal category. We will then consider what you have submitted to us in reaching our decision.
If you do not send in a response within the 21 days, the decision to revoke your licence will take immediate effect 21 days after the date of the revocation letter. When the decision to revoke your licence takes effect, you will have a further 21 days in which to exercise a right of appeal to a Magistrates’ or Sheriff Court.
If you send in a response within the 21 days, we will give it due consideration and will write to you to inform you of our decision. If we decide it is still necessary to revoke your licence, you will then have 21 days from the date of this letter in which to exercise a right of appeal to a Magistrates’ or Sheriff Court.
A Licence Holder can ask us for an extension to the 21 day deadline if you are having difficulty getting evidence of factual errors or mitigation. We can decide to give this extension or decide not to give this extension.
Once a decision is made (automatically after 21 days) we have no power to revisit that decision without the direction of a Court, unless the decision was based on a fundamental mistake of fact.
If you appeal against the revocation, your licence remains valid during the appeal process and you can continue to work while their appeal is going on, unless your licence has also been suspended.
Licence suspensions have immediate effect. This means that the licence holder cannot legally work in any licensable sector even if they work for an approved contractor. We will normally consider suspension only where we are reasonably satisfied that a clear threat to public safety could exist if we did not suspend the licence, or if it is otherwise in the public interest to do so. This usually means that a serious offence has allegedly taken place, where the licence holder has been charged but bailed. We will always suspend a licence if you have been convicted of an offence which makes you Automatic Refusal on the assessment grid for offences committed by adults.
If we judge it necessary to suspend a licence, we will write to inform the licence holder of this, providing the basis for our decision which will have immediate effect. They will then have 21 days in which to exercise a right of appeal to a Magistrates' Court or Sheriff Court. At the same time, they may also wish to tell us of any factual errors in our assessment, for example, an error of identity, or an error in assessing their competence or criminal history.
If a licence is suspended, it will remain suspended until the matter is resolved - for example, we have revoked the licence or the matter that the licence holder has been charged with has been heard and they were found not guilty. We monitor our suspensions and review them every 90 days. If, after a licence has been suspended we judge it necessary to revoke it, we will be revoking a suspended licence. This means that the licence holder will still be unable to work even if they appeal against the revocation.
If an appeal against revocation is successful the licence will normally revert to its suspended status and be subject to the normal review process of 90 days.