Sch. 13
- (f) an officer or proposed officer of the applicant (where the applicant is a body corporate).
(3) A person commits an offence if in connection with an application for a licence he—
- (a) makes a statement which he knows to be false or misleading in a material particular, or
- (b) recklessly makes a statement which is false or misleading in a material particular.
(4) A person guilty of an offence under sub-paragraph (3) shall be liable—
- (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
- (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(5) For the purposes of this paragraph—
- (a) a reference to employment or proposed employment by an applicant for a licence shall, where the applicant is a partnership or a member of a partnership, be construed as a reference to employment or proposed employment by the partnership or any of the partners,
- (b) “officer” includes a director, manager or secretary,
- (c) a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act shall be treated as an officer of that body, and
- (d) the reference to directions or instructions in paragraph (c) does not include a reference to advice given in a professional capacity.
Issue of licence
7.—(1) The Secretary of State shall grant an application for a licence unless satisfied that—
- (a) an organisation within sub-paragraph (4) would be likely to benefit from the licence (whether or not a condition were imposed under subparagraph (2)),
- (b) that the applicant has persistently failed to comply with the requirements of this Schedule, or
- (c) that the applicant has failed to comply with a condition imposed under sub-paragraph (2).
(2) The Secretary of State may on granting a licence impose a condition if satisfied that it is necessary in order to prevent an organisation within subparagraph (4) from benefiting from the licence.
(3) If the Secretary of State refuses an application for a licence he shall notify the applicant of the refusal.
(4) An organisation is within this sub-paragraph if—
- (a) it is a proscribed organisation, or
- (b) it appears to the Secretary of State to be closely associated with a proscribed organisation.
(5) In this paragraph a reference to a benefit is a reference to any benefit—
- (a) whether direct or indirect, and
- (b) whether financial or not.
