Custom House Agent licensing rules upheld where failure to meet qualification requirements justified withdrawal and denial of a permanent licence.

A temporary Custom House Agent licence had to be converted only if the prescribed qualification was secured within the stipulated period, and repeated failure by the authorised signatory justified withdrawal under the licensing regulations. The earlier court direction required only compliance with law and did not compel extension of the licence beyond the regulatory framework. The regulations also did not permit appointment of a new person after withdrawal of the temporary licence. On that basis, the withdrawal of the temporary licence was treated as lawful and the request for a permanent licence was rejected.

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Issues: Whether the withdrawal of the temporary Custom House Agent licence and rejection of the request for a permanent licence were lawful under the Custom House Agents Licensing Regulations, 2004.

Analysis: A temporary licence-holder was required to secure the prescribed qualification within the stipulated period. The authorized signatory failed to qualify despite several opportunities. The earlier court direction only required the authority to act in accordance with law and did not mandate extension of the licence contrary to the Regulations. The Regulations did not provide for appointment of a new person after withdrawal of the temporary licence, and the withdrawal was held to be in conformity with the governing licensing framework.

Conclusion: The rejection of the request for a permanent licence was upheld and the appeal failed.

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