Abbildungen der Seite
PDF
EPUB

5

10

15

office, if any, of such company, society, asso- A.D. 1927;
ciation or body, and, so far as may be reasonably
required, the names and private addresses of
the persons directly or indirectly responsible for
the management of such company, society,
association or body.

(d) The name under which and the address at which
the agency is carried on or proposed to be
carried on.

(e) The nature of the agency.

(f) Whether he is interested in any other agency,
and if so the other agency in which he is
interested, and the extent of his interest therein.
(g) Such other particulars as the local authority
may reasonably require.

(2) Every application under this section shall be in duplicate, and one part shall be retained by the local authority, and the other part shall be forthwith forwarded by the local authority to the chief constable, who may 20 give or make, or cause to be given or made, to the local authority any information or representation with respect to the application that in his opinion ought to be given or made.

(3) Subject to the foregoing provisions of this section 25 the local authority may by regulation prescribe the form of application and the manner in which applications for or for the renewal of agency licences are to be made.

(4) Where any form of application is prescribed by the local authority the prescribed form shall be ob30 tainable from the local authority upon payment of such sum not exceeding one shilling as the local authority may fix.

35

40

(5) In this section the expression "chief constable'

[blocks in formation]

(a) as respects the City of London, the Commissioner
of the City Police for the time being;

(b) as respects the Metropolitan Police District, the
Commissioner of the Metropolitan Police for
the time being;

(c) elsewhere, the officer having for the time being
the command of the police.

· A.D. 1927.

Grant and renewal of licences, &c.

Duration

of agency licence.

Resignation of agency licence.

4. (1) Where an application for or for the renewal of an agency licence has been made in accordance with this Act and any regulations thereunder, then, subject to the provisions of this section the local authority shall, as soon as reasonably practicable, take the same and any 5 information or representation given or made by or on behalf of the chief constable and any other available information with respect thereto into consideration, and except where the application is refused in accordance with the subsequent provisions of this section shall grant or 10 renew, as the case may be, a licence to the applicant to carry on an agency of the description and in the name and at the address specified in the application.

(2) The local authority may refuse to grant or to renew an agency licence either

(a) to any person under the age of twenty-one years; or

(b) to any person who is not in all respects a fit person to hold an agency licence; or

15

(c) in respect of any premises which are not in all 20 respects suitable for an agency; or

(d) in respect of any agency which has been or is being improperly conducted.

(4) The local authority may charge in respect of the grant or renewal of an agency licence such sum as they 25 may think fit, not exceeding the amount specified in the Schedule to this Act.

5. An agency licence shall, unless revoked or resigned, continue in force for a period of twelve months from the date on which it is granted or renewed, and no 30 longer :

Provided that an agency licence granted or renewed otherwise than at any annual meeting fixed by the local authority for the hearing of applications under this Act shall not continue in force after the date of the next 35 such annual meeting, or if such meeting is adjourned after the date or the latest date to which it is adjourned.

6. The holder of an agency licence may at any time resign the same in such manner as may be prescribed by regulation of the local authority.

40

5

10

15

7. The local authority may at any time revoke an A.D. 1927.

agency licence on any one or more of the following Revocation

grounds :

of agency
(a) that the grant or renewal of the licence was licence.
obtained by some false or misleading statement,
whether on the part of the holder of the licence
or of some other person;

(b) that the holder of the licence is not in all respects
a fit person to hold the same;

(c) that the premises in or upon which the business
is being carried on are not in all respects suitable
for an agency;

(d) that the agency has been or is being improperly

conducted.

8. (1) The local authority shall not revoke or refuse Notice of to renew any agency licence unless they have given to objection to the holder thereof not less than seven clear days' notice renewal or of proposal in writing that a revocation is proposed or that an to revoke, objection has been or will be taken to the renewal, as 20 the case may be, and the said notice shall be in the prescribed form (if any).

(2) If within three days after the receipt of such notice the holder of the licence applies in writing to be heard against such revocation or refusal he shall be 25 given an opportunity of being so heard either personally or by any representative.

"prescribed

[ocr errors]

(3) In this section the expression means prescribed by regulation of the Secretary of State.

&c.

for revocation or for refusal to

grant or

9. If the local authority revoke or refuse to grant Statement 30 or to renew an agency licence they shall, if required in of reasons writing by the holder or the applicant, as the case may be, send or deliver to him within seven days of the receipt of such requirement particulars in writing of the ground or grounds for such revocation or refusal, and renew, &c. 35 where such a requirement is made and there is an appeal to quarter sessions as hereinafter provided no ground may be alleged by the local authority except it has been included in the said statement of particulars.

10. (1) Any person aggrieved by any refusal to Appeals, &c. 40 grant or to renew an agency licence, or by any revocation of an agency licence may within fourteen days of such refusal or revocation appeal to a court of quarter sessions,

A.D. 1927. and on such appeal the court may, after considering any representation made by the local authority, either confirm the refusal or the revocation, as the case may be, or allow the appeal, and where the appeal is allowed the court shall direct the local authority to grant or to renew or 5 not to revoke, as the case may be, the licence, and the local authority shall comply with the direction.

Register.

(2) The costs of any appeal or application under this section shall be paid in such manner and by such parties to the appeal or application as the court may 10 direct.

11. (1) The local authority shall keep a register of the holders of agency licences within their area, and such register shall contain in connection with each such holder

15

(a) His full name and private address;
(b) Where the agency is carried on by a company,
society, association or body, the names and
addresses of the persons stated in the form of
application to be directly or indirectly responsible 20
for the management of such company, society,
association or body;

(c) The name under which and the address at which
the agency is carried on or proposed to be

carried on;

(d) The nature of the agency;

and may contain such further particulars as the local authority think desirable.

25

(2) Such register shall be open at all reasonable times to inspection by any person on payment of such sum 30 not exceeding one shilling as the local authority may fix.

(3) A certified copy of any entry in the register shall be supplied by the local authority to any person applying therefor upon payment of such sum not exceeding two shillings and sixpence as the local authority may fix, 35 and such certified copy shall be evidence of such entry, and any document reasonably purporting to be such a certified copy may be deemed to be such a certified copy unless the contrary is proved.

In this subsection the expression "certified copy 40 means a copy certified by the clerk or any assistant clerk to the local authority to be a true copy.

5

A.D. 1927.

12. (1) The local authority may make byelaws-
(a) for the prevention of fraud, extortion or Byelaws.
immorality in connection with the carrying

on of any agency within their area; and
(b) for the regulation of any premises used for
the purposes of or in connection with any
agency within their area.

(2) Without prejudice and in addition to the foregoing provisions of this section, a local authority may 10 make byelaws for all or any of the following purposes :(a) prohibiting any demand or acceptance of commission from more than one person in respect of the same transaction;

15

20

25

30

35

(b) specifying the person from whom commission
may be demanded or accepted;

(c) restricting the amount (not exceeding ten per
cent.) of commission which may be demanded
or accepted;

(d) restricting the period (not exceeding ten weeks)
over which commission may be demanded or
accepted;

(e) prohibiting any demand or acceptance of com-
mission in the case of any person where the
holder of the agency licence is directly or
indirectly interested in the company, associa-
tion, society or body employing or proposing
to employ the person with whom the contract
of employment is made or proposed to be made;
(f) restricting the amount which may be demanded
or accepted as costs;

(g) prohibiting any demand or acceptance of costs
where any commission is demanded or accepted;
(h) prohibiting any demand or acceptance of pre-
liminary costs;

(i) prohibiting any demand or acceptance of a fine.
(j) prohibiting any demand or acceptance of a
premium, or restricting the amount which may
be demanded or accepted as a premium;
(k) requiring the holder of the agency licence to

« ZurückWeiter »