CHA licence suspension not sustained once Regulation 23 enquiry had already begun and remained pending

Where a CHA enquiry under Regulation 23 had already commenced, suspension of the licence was not sustained as an appropriate measure under the regulatory scheme. The Tribunal noted that suspension or revocation is contemplated in connection with such an enquiry, and that delaying completion of the enquiry could prejudice the CHA's commercial interests. On that basis, the suspension order was set aside and the licence suspension was revoked.

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Issues: Whether the suspension of the CHA licence could be sustained when an enquiry under Regulation 23 had already been commenced.

Analysis: The enquiry under Regulation 23 had commenced before the suspension order. The regulatory scheme contemplates suspension or revocation in connection with such enquiry, and the power to suspend before institution of enquiry was not treated as appropriate where the enquiry was already in progress. Following the earlier Tribunal view relied on in the order, delay in completing the enquiry was considered detrimental to the CHA's commercial interest.

Conclusion: The suspension order was set aside and the licence suspension was revoked.

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