CHA licence revocation upheld for regulatory breaches, but revocation period reduced after suspension-related business loss

A customs house agent licence was found liable to revocation because the licence had been sublet for monetary consideration and client authorisation letters had not been obtained, amounting to violations of Regulations 13 and 14 of the Customs House Agents Licensing Regulations, 1984. The revocation was therefore justified on the regulatory breaches. However, the period of revocation was curtailed because the CHA had already remained out of business since suspension, and that loss of business was treated as sufficient punishment. The licence was ordered to be restored from 1-1-2004.

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Issues: Whether the revocation of the CHA licence for violation of the licensing regulations was sustainable and whether the period of revocation required modification.

Analysis: The licence had been sublet for monetary consideration and authorisation letters from clients had not been obtained, which constituted violation of Regulations 13 and 14 of the Customs House Agents Licensing Regulations, 1984. On that footing, revocation of the licence was justified. However, the tribunal took note that the CHA had already remained out of business since suspension and treated that loss of business as sufficient punishment, warranting curtailment of the revocation period.

Conclusion: The revocation was upheld, but the period of revocation was reduced and the licence was directed to be restored from 1-1-2004.

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