s 7 Application for licence or renewal of licence
7.—(1) Any person who desires to obtain or renew a licence must make an application to the Board in the form the Board requires.[47/2017] (2) Upon receiving an application under subsection (1), the Board must consider the application and may —(a) grant or renew a licence for any duration that the Board may specify in the licence; or (b) refuse the application.[47/2017] (3) The Board may refuse to grant or renew a licence if —(a) the applicant or a relevant individual of the applicant is not a suitable person to be involved in the management or operation of the business of a travel agent; (b) the applicant is unable to meet or continue to meet any minimum financial requirements that may be prescribed; (c) the Board has reason to believe that the applicant or a relevant individual of the applicant has committed any offence involving dishonesty or moral turpitude; (d) the Board has reason to believe that the applicant is contravening or has contravened —(i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the applicant; (e) the Board has reason to believe that a relevant individual of the applicant is contravening or has contravened, or is responsible for another licensee’s contravention of —(i) any provision of this Act or the regulations; or (ii) any condition of a licence or any code of conduct applicable to the relevant individual or the other licensee, as the case may be; (f) the application for the grant or renewal of the licence contains a statement or information that is untrue, or misleading (including as a result of any omission), in any material particular; (g) all relevant individuals of the applicant are incapable, by reason of illness, infirmity or any other cause, of carrying on the business of a travel agent; or (h) the Board considers it in the public interest to do so.[47/2017] (4) Before refusing an application to renew a licence, the Board must —(a) serve the applicant written notice of its intention; and (b) give the applicant an opportunity to submit reasons, within any period that the Board may specify in that notice, why the application should not be refused.[47/2017] (5) For the purposes of subsection (3)(e), a relevant individual is responsible for any contravention of a licensee if the relevant individual —(a) consented or connived, or conspired with others, to effect the licensee’s contravention; (b) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the contravention of the licensee; or (c) knew or ought reasonably to have known that the contravention of the licensee (or a contravention of the same type) would be or is being effected, and failed to take all reasonable steps to prevent or stop the contravention.[47/2017] (6) To avoid doubt —(a) subsection (3)(d) applies in relation to any contravention by the applicant, whether the contravention occurred before, on or after 1 January 2018; and (b) subsection (3)(e) applies in relation to —(i) any contravention by a relevant individual of the applicant, whether the contravention occurred before, on or after 1 January 2018; and (ii) any contravention by a licensee mentioned in subsection (3)(e) for which the relevant individual is responsible, whether the contravention occurred before, on or after 1 January 2018.[47/2017]