Revised Laws of Saint Lucia (2021)

35.   Restrictions on grant of licence

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    (1)   A recommendation for the grant of a licence shall not be made by the Authority and a licence shall not be granted pursuant to this Act if the Authority is satisfied that the applicant —

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      (a)     is not a fit and proper person to hold the class of licence sought by the applicant;

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      (b)     does not hold the prescribed qualifications, training and experience required in respect of the category or class of licence sought by the applicant;

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      (c)     is not competent to provide the security service to which the proposed licence relates;

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      (d)     has been convicted of a criminal offence except where the offence is a minor traffic offence or has been spent in accordance with the Criminal Records (Rehabilitation of Offenders) Act, Cap. 3.13; or

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      (e)     has within the period of 10 years before the application for the licence was made, been removed or dismissed from the police force on disciplinary grounds.

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    (2)   With the approval of Cabinet, the Minister may, by Order published in the Gazette, amend subsection (1) to add to the categories of persons who are not qualified for licences pursuant to this Act.

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    (3)   A recommendation for the grant of a licence shall not be made by the Authority and a licence shall not be granted pursuant to this Act to a person for the purpose of carrying on a private security business that requires the use of a firearm unless the person is the holder of a valid licence to possess a firearm pursuant to the Firearms Act, Cap.14.12.

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    (4)   A recommendation for the grant of a licence shall not be made by the Authority and a licence shall not be granted pursuant to this Act if the Authority is satisfied that the grant of the licence would be contrary to the public interest.

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    (5)   For the purposes of determining whether an applicant is a fit and proper person to hold a licence pursuant to this Act, the Authority shall have regard to any criminal intelligence report or other criminal information held in relation to the applicant that —

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      (a)     is relevant to the activities carried out under the class of licence sought by the applicant; or

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      (b)     causes the Authority to believe that improper conduct is likely to occur if the applicant is granted the licence.

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    (6)   The Authority is not under any duty to disclose the extent or content of any criminal intelligence report or other criminal information as referred to in subsection (5).