Customs House Agent licence suspension set aside where alleged misconduct was unsupported and not linked to goods clearance.

Suspension of a Customs House Agent licence under the 2004 Licensing Regulations was unjustified because the alleged grounds were not supported by evidence. The persons acting for the agent were treated as employees within the licence arrangement, and the other alleged omissions and commissions were not shown to be strictly connected with clearance of goods handled by the agent. The suspension order was therefore set aside, while the Commissioner was left free to pursue revocation or other action under the Regulations.

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Issues: Whether the suspension of the Customs House Agent licence under Regulation 22 of the Customs House Agents Licensing Regulations, 2004 was justified on the facts found.

Analysis: The grounds relied upon for suspension were found not to be supported by evidence. The persons acting on behalf of the Customs House Agent were treated as employees for the purpose of the licence arrangement, and the other alleged acts of omission and commission were not shown to be strictly connected with the clearance of goods handled by the appellant.

Conclusion: The suspension order was not justified and was set aside. The appeal was allowed, leaving the Commissioner free to initiate appropriate proceedings for revocation or other action under the Regulations.

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