Custom house agent licence lapses on death of sole qualified partner; revocation for turnover shortfall is unsustainable.

A custom house agent licence renewed in the firm's name ceased to be valid when the only qualified partner died, because no person remained in the firm competent under the licensing regulations to carry on the licensed work. The licence could not legally subsist after that death. On that footing, a notice proposing revocation for failure to meet the minimum business turnover requirement was misconceived, since the licence had already fallen away in law. The proposed revocation was therefore not sustainable.

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Issues: Whether the custom house agent licence continued to subsist after the death of the only qualified partner and whether revocation could be sustained for failure to meet prescribed business norms.

Analysis: The firm's licence had been renewed in the name of the firm, but the only partner qualified under the licensing regulations to transact custom house work had died. On that death, the licence ceased to be valid under Regulation 16. As there was thereafter no person in the firm competent under Regulation 9 to carry on the licensed work, the licence could not subsist in law. In that situation, a notice proposing revocation on the ground of shortfall in business under the minimum turnover requirement prescribed under Regulation 12(2) was misconceived.

Conclusion: The revocation could not be sustained and the appeal was dismissed.

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