Section 99: Disciplinary action against licensee

99. Disciplinary action against licensee (1) The Board may, at any time, refuse to renew, or suspend for such period as the Board may determine, or revoke or cancel from such date as the Board may determine, any licence where— (a) any information furnished by the applicant for the issue or renewal of the licence was, at the time when the information was furnished, false in a material respect or was subject to a material omission; (b) any substantial shareholder within the meaning of the Companies Act, or director or manager of the licensee is convicted of an offence against this Act or of any offence involving fraud or dishonesty, or is in breach of regulations made under this Act; (c) the licensee knowingly or recklessly supplies to the Board material information that is false or misleading; (d) the licensee, an employee of the licensee or any other person acting on behalf of the licensee has failed to comply with any condition of the licence and has not complied with such condition within such period as the Board may allow after delivery of a written notice by the Board to the licensee requiring such failure to be remedied within a specified period; (e) the Board has reasonable grounds to suspect that the licensee has transferred, assigned or sublet the licence or is only nominally the true licensee; (f) without the prior written consent of the Board, the licensee sells, alienates or ceases to operate at any of his premises to which the licence relates; (g) without reasonable cause, the licensee fails to pay out forthwith or on demand any winnings or prizes under this Act; (h) the licensee fails to pay, or furnish security for the payment of, any duty or tax or to fulfil his obligations, under any of the Revenue Laws; (i) the licensee, an employee of the licensee or any other person acting on behalf of the licensee has failed to comply with this Act; (j) the licensee, or in the case of a company, any director, manager or officer of that company, is no longer a fit and proper person; (k) the premises to which the licence relates cease, in the opinion of the Commissioner of Police, to be suitable for the purposes for which they were licensed; (ka) the licensee fails to comply with the relevant guidelines issued by the FIU under the Financial Intelligence and Anti-Money Laundering Act; G2 – 47 [Issue 6] Gambling Regulatory Authority Act (l) the licensee is or becomes disqualified from holding a licence; (m) the licensee contravenes this Act or is in breach of any condition of his licence; (n) the licensee fails to comply with any direction given by the Board; (o) the licensee is convicted of permitting drunkenness or violent, riotous or disorderly conduct on premises to which the licence relates; or (p) the Minister so directs in the public interest. (2) While a licence is suspended, the holder shall not, to the extent of the suspension and during the period of the suspension, be authorised to permit, undertake, participate or engage in the activities specified in the licence. (3) The Board shall, subject to subsection (4), before the suspension, revocation or cancellation of a licence, by written notice inform the licensee of the reasons for the proposed suspension, revocation or cancellation and request the licensee to submit to the Board, within 14 days of the notification written reasons why the licence should not be suspended, revoked or cancelled. (4) Where the Board is of opinion that a licence is to be suspended, revoked or cance ties specified in the licence. (3) The Board shall, subject to subsection (4), before the suspension, revocation or cancellation of a licence, by written notice inform the licensee of the reasons for the proposed suspension, revocation or cancellation and request the licensee to submit to the Board, within 14 days of the notification written reasons why the licence should not be suspended, revoked or cancelled. (4) Where the Board is of opinion that a licence is to be suspended, revoked or cancelled with immediate effect, written notice of the suspension, revocation or cancellation and the reasons therefor shall be given to the licensee forthwith, and the licensee shall be entitled to submit to the Board, within 14 days of the notification written reasons why the licence should be reinstated. (5) The Board may, at any time, reinstate any licence suspended under subsection (1), but shall not do so unless the reason for the suspension has ceased to exist. (6) Where the Board revokes or cancels a licence, no refund of the licence fee shall be made or compensation paid in respect of the unexpired period of the licence. (7) The holder of a licence which has been suspended, revoked or cancelled shall, on receipt of a notification to that effect by the Board, within 7 days, surrender the licence to the Board. (8) Any person who fails to comply with subsection (7) shall commit an offence. (9) Notwithstanding subsection (1), the Board may impose a financial penalty not exceeding 50,000 rupees where a licensee does not comply with— (a) any condition of the licence; (b) any rule in respect of gambling, lottery game, sweepstake and other lotteries; or (c) any guideline or direction issued by the Board. [Issue 6] G2 – 48 Revised Laws of Mauritius (10) The Board shall, before imposing a financial penalty under subsection (9), give written notice to the licensee of the reasons for the proposed financial penalty and require the licensee to submit to the Board, within 14 days of the written notice, the reasons why the penalty should not be imposed. (11) Where the Board imposes a financial penalty on a licensee, the licensee shall pay the amount of the penalty so imposed to the Authority within the period specified in the notice. (S. 99 came into operation on 6 December 2007.) [S. 99 amended by s. 10 (k) of Act 26 of 2012 w.e.f. 22 December 2012.]