Deciding that authorisation has not been created

If the notifier fails to rectify the defects within the specified or extended time limit, the trade licensing office will initiate proceedings and decide that the trade authorisation was not created by the notification or that the conditions for the inception of the trade authorisation were not met.

The trade licensing office will send the applicant a Notification of the initiation of proceedings in which it will:

• Identify the defective submission
• Specify the matter in respect of which the proceedings are initiated
• Provide the parties to the proceedings with basic information on the possible outcome of the proceedings
• Advise the party of their rights and obligations in the proceedings

If the notifier rectifies the defects before the decision is issued and the trade licensing office determines that the conditions for the inception of the trade authorisation are met, it will terminate the proceedings by making the registration in the trade licensing register and issue an extract.

If the defects in the notification of a trade are not rectified even during the proceedings, the trade licensing office will issue a Decision that the trade authorisation was not created by the notification or a Decision that the conditions for the inception of the authorisation were not met.

Remedies

The decision of the municipal trade licensing office that the trade authorisation was not created by the notification or that the notifier did not meet the conditions for the inception of the trade authorisation may be appealed within 15 days from the date on which the decision is notified to the notifier. The appeal is to be lodged with the municipal trade licensing office that issued the decision being appealed.

The municipal trade licensing office will assess the appeal and, if it does not grant the appeal, it will pass it on to the superior regional trade licensing office for further proceedings. The further course of the proceedings then depends on whether the defects in the notification of a trade have been rectified during the appeal proceedings.