§ 51 — Grant of licences

51.—(1) After considering any application under section 50 for or to renew a licence, a Licensing Officer may —(a)

on payment of —(i)

the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to carry on the regulated activity to be authorised by the licence; or

(ii)

a renewal fee (if prescribed) or, 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 the applicant’s licence should be renewed, and the conditions to impose or modify, a Licensing Officer must have regard, and give such weight as the Licensing Officer considers appropriate, to all of the following matters:(a)

whether the applicant is or is not —(i)

intending to carry on any other regulated activity; or

(ii)

a holder of another licence or already a class licensee;

(b)

the design and safety of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance to be involved in carrying on the regulated activity in the application;

(c)

the adequacy of places or premises proposed to be used in carrying on the regulated activity in the application;

(d)

whether the applicant and where necessary, whether every responsible executive of the applicant is a suitable person to be involved in carrying on the regulated activity in the application;

(e)

the security clearance that is required under Part 3 for —(i)

every responsible executive of the applicant;

(ii)

every close associate of the applicant; and

(iii)

every individual undertaking or intending to undertake work as a special worker for or with the applicant in connection with the regulated activity;

(f)

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

(g)

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

(h)

whether it is otherwise contrary to the public interest or national security of Singapore for the licence to be granted to the applicant.

(3) However, a licence must not be granted or renewed authorising the carrying on of any regulated activity where the regulated activity involves or is to involve a prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon, unless that regulated activity is —(a)

to destroy the prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon; or

(b)

to convey the prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon (as the case may be) for the purpose of its destruction.

(4) For the purpose of determining whether or not a person or an individual mentioned in subsection (2)(d) is a suitable person to be involved in carrying on a regulated activity, a Licensing Officer must have regard, and give such weight as the Licensing Officer considers appropriate, to all of the following matters:(a)

the person’s or individual’s relevant knowledge, competency and experience in matters connected with the regulated activity in the application;

(b)

whether, because of the individual’s physical or mental health, the individual may not handle any gun, major part of a gun, gun accessory, explosive, weapon or noxious substance (as the case may be) responsibly;

(c)

whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to carry on the regulated activity in the application according to the provisions of this Act and the applicable standards;

(d)

any available information with respect to the participation of the applicant in any criminal activity;

(e)

any evidence of the exercise of any power under section 66 or 67 —(i)

in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act; 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.

(5) To avoid doubt —(a)

a Licensing Officer is not confined to consideration of the matters specified in subsection (2), (3) or (4) and may take into account such other matters and evidence as may be relevant; and

(b)

this Act applies to an application for the renewal of a licence as if it were an application for a new licence.

(6) Without affecting subsection (1), a Licensing Officer may grant a renewal of a licence (of any class) with or without modifying the conditions of the licence, but section 54(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 50 for or to renew a licence, a Licensing Officer may —(a)

on payment of —(i)

the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to carry on the regulated activity to be authorised by the licence; or

(ii)

a renewal fee (if prescribed) or, 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 the applicant’s licence should be renewed, and the conditions to impose or modify, a Licensing Officer must have regard, and give such weight as the Licensing Officer considers appropriate, to all of the following matters:(a)

whether the applicant is or is not —(i)

intending to carry on any other regulated activity; or

(ii)

a holder of another licence or already a class licensee;

(b)

the design and safety of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance to be involved in carrying on the regulated activity in the application;

(c)

the adequacy of places or premises proposed to be used in carrying on the regulated activity in the application;

(d)

whether the applicant and where necessary, whether every responsible executive of the applicant is a suitable person to be involved in carrying on the regulated activity in the application;

(e)

the security clearance that is required under Part 3 for —(i)

every responsible executive of the applicant;

(ii)

every close associate of the applicant; and

(iii)

every individual undertaking or intending to undertake work as a special worker for or with the applicant in connection with the regulated activity;

(f)

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

(g)

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

(h)

whether it is otherwise contrary to the public interest or national security of Singapore for the licence to be granted to the applicant.

(3) However, a licence must not be granted or renewed authorising the carrying on of any regulated activity where the regulated activity involves or is to involve a prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon, unless that regulated activity is —(a)

to destroy the prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon; or

(b)

to convey the prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon (as the case may be) for the purpose of its destruction.

(4) For the purpose of determining whether or not a person or an individual mentioned in subsection (2)(d) is a suitable person to be involved in carrying on a regulated activity, a Licensing Officer must have regard, and give such weight as the Licensing Officer considers appropriate, to all of the following matters:(a)

the person’s or individual’s relevant knowledge, competency and experience in matters connected with the regulated activity in the application;

(b)

whether, because of the individual’s physical or mental health, the individual may not handle any gun, major part of a gun, gun accessory, explosive, weapon or noxious substance (as the case may be) responsibly;

(c)

whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to carry on the regulated activity in the application according to the provisions of this Act and the applicable standards;

(d)

any available information with respect to the participation of the applicant in any criminal activity;

(e)

any evidence of the exercise of any power under section 66 or 67 —(i)

in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act; 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.

(5) To avoid doubt —(a)

a Licensing Officer is not confined to consideration of the matters specified in subsection (2), (3) or (4) and may take into account such other matters and evidence as may be relevant; and

(b)

this Act applies to an application for the renewal of a licence as if it were an application for a new licence.

(6) Without affecting subsection (1), a Licensing Officer may grant a renewal of a licence (of any class) with or without modifying the conditions of the licence, but section 54(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.