§ 43 — Grant of licence

43.—(1) After considering any application under section 42 for or to renew a licence, the LTA may —(a)

on payment of —(i)

the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to undertake a regulated activity using one or more types of EV chargers specified in the licence; or

(ii)

a renewal fee (if prescribed) and, in the case of a late renewal application a late renewal fee (if prescribed), renew the licence; or

(b)

refuse to grant or renew the licence, as the case may be.

(2) In deciding whether an applicant should be granted a licence, or whether the applicant’s licence should be renewed, and the conditions to impose or modify, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters:(a)

whether the applicant is operating or is intending to operate more than one charging station in Singapore;

(b)

the design and safety of the following:(i)

the EV chargers to be used by the applicant in undertaking the regulated activity in Singapore;

(ii)

any equipment or other thing which the applicant intends to construct or install in the vicinity of each EV charger in sub‑paragraph (i) for or in connection with undertaking the regulated activity in the application;

(c)

whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the EV charging service in the application according to this Act and the applicable standards of performance;

(d)

whether the applicant is a corporation, partnership, limited liability partnership or an unincorporated association;

(e)

whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management and operation of providing the EV charging service in the application;

(f)

whether the applicant has nominated or will nominate at least one individual who satisfies the prescribed qualifications as a representative if a licence is granted;

(g)

whether the applicant had provided, or caused or permitted to be provided, any information in connection with the application, which was false or misleading in a material particular;

(h)

whether it is otherwise contrary to the public interest for the licence to be granted to the applicant.

(3) For the purpose of determining whether or not a person or an individual referred to in subsection (2)(e) is a suitable person to be involved in the management and operation of providing an EV charging service, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters:(a)

any evidence of the exercise of any power under section 53 or 54 —(i)

in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act, whether or not that person or individual was a part of the applicant at the point in time that the power was exercised; or

(ii)

in relation to a licensee holding, or a former licensee which held, a licence of which the individual is or was an officer when the power was exercised;

(b)

any prior conviction of that person or individual for committing any of the following offences:(i)

any offence under this Act;

(ii)

any offence under any other written law, involving undertaking a regulated activity in Singapore;

(iii)

any other offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court;

(c)

any previous occasion where the person or individual accepted any composition sum offered under any written law for an offence mentioned in paragraph (b).

(4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2) or (3) and may take into account any other matters and evidence that may be relevant.

(5) Without affecting subsection (1), the LTA may grant a renewal of a licence with or without modifying the conditions of the licence, but section 46(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.

—(1) After considering any application under section 42 for or to renew a licence, the LTA may —(a)

on payment of —(i)

the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to undertake a regulated activity using one or more types of EV chargers specified in the licence; or

(ii)

a renewal fee (if prescribed) and, in the case of a late renewal application a late renewal fee (if prescribed), renew the licence; or

(b)

refuse to grant or renew the licence, as the case may be.

(2) In deciding whether an applicant should be granted a licence, or whether the applicant’s licence should be renewed, and the conditions to impose or modify, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters:(a)

whether the applicant is operating or is intending to operate more than one charging station in Singapore;

(b)

the design and safety of the following:(i)

the EV chargers to be used by the applicant in undertaking the regulated activity in Singapore;

(ii)

any equipment or other thing which the applicant intends to construct or install in the vicinity of each EV charger in sub‑paragraph (i) for or in connection with undertaking the regulated activity in the application;

(c)

whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to provide the EV charging service in the application according to this Act and the applicable standards of performance;

(d)

whether the applicant is a corporation, partnership, limited liability partnership or an unincorporated association;

(e)

whether the applicant and where necessary, whether every officer of the applicant is a suitable person to be involved in the management and operation of providing the EV charging service in the application;

(f)

whether the applicant has nominated or will nominate at least one individual who satisfies the prescribed qualifications as a representative if a licence is granted;

(g)

whether the applicant had provided, or caused or permitted to be provided, any information in connection with the application, which was false or misleading in a material particular;

(h)

whether it is otherwise contrary to the public interest for the licence to be granted to the applicant.

(3) For the purpose of determining whether or not a person or an individual referred to in subsection (2)(e) is a suitable person to be involved in the management and operation of providing an EV charging service, the LTA must have regard, and give such weight as the LTA considers appropriate, to all of the following matters:(a)

any evidence of the exercise of any power under section 53 or 54 —(i)

in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act, whether or not that person or individual was a part of the applicant at the point in time that the power was exercised; or

(ii)

in relation to a licensee holding, or a former licensee which held, a licence of which the individual is or was an officer when the power was exercised;

(b)

any prior conviction of that person or individual for committing any of the following offences:(i)

any offence under this Act;

(ii)

any offence under any other written law, involving undertaking a regulated activity in Singapore;

(iii)

any other offence involving fraud or dishonesty, whether or not the conviction was in a Singapore court;

(c)

any previous occasion where the person or individual accepted any composition sum offered under any written law for an offence mentioned in paragraph (b).

(4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2) or (3) and may take into account any other matters and evidence that may be relevant.

(5) Without affecting subsection (1), the LTA may grant a renewal of a licence with or without modifying the conditions of the licence, but section 46(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.