Consultation with Officers of the Commission
Prospective applicants are encouraged to contact officers of the Commission at an early stage to discuss their proposals for establishing and operating a licensable business in the Isle of Man. These discussions enable the Commission’s officers to give applicants any appropriate guidance where it is sought and to identify any foreseeable difficulties connected with the proposed operation. It also enables the Commission to provide guidance on which classes of regulated activity the licence is required to cover and on any other matters which may be relevant.
On receipt of the application the Chief Executive of the Commission and his staff will process the application. This will include a review of the application form and supporting documents, and, if appropriate, discussion with other regulatory bodies. In addition, for controllers, officers and key persons, the Commission will have to ensure each individual meets the “fit and proper” criteria. This will involve seeking references from previous employers and relevant professional bodies, a police check and a credit check. For further information on the vetting process please see the “Vetting Forms” and “Vetting Guidance” pages of the website.
On completion of these enquiries the Chief Executive will make a recommendation to the Board of Commissioners (“the Board”) as to whether a licence should be granted and detailing any conditions that it may be appropriate to place on the licence. Please note that for this purpose the Chief Executive of the Commission is part of the executive staff, and does not take his place as a member of the Board.
The Hearing by the Board of Commissioners
The applicant will be notified of the recommendation by letter and will be invited to attend the licence hearing. It is the applicant’s choice whether they wish to attend the hearing.
If the Chief Executive recommends that the licence be refused, the applicant will be given the opportunity to seek an adjournment of the hearing in order to arrange for legal representation.
The Chief Executive's recommendation is no more than this. The decision on whether or not to grant a licence is made by the Board, who may accept, or reject, the recommendation of the Chief Executive.
On the date of the hearing the Board will hear the submissions of the Chief Executive in support of his recommendation, together with any representations that may have been made by the applicant or his legal representation. They will then withdraw to consider their decision.
The decision of the Board will be notified to the applicant subsequently in writing by the Secretary to the Commission. Reasons will be provided for a negative decision and for the imposition of conditions on a licence.
On occasions the hearing of the licence application may be taped for note-taking purposes only. The tapes do not form an official record of proceedings and will not be made available to applicants in any circumstances.
If an applicant is aggrieved by a decision of the Commission not to issue a licence or to attach conditions to a licence, it may seek a review by the Council of Ministers' Review Committee
This committee is set up by the Council of Ministers on an ad hoc basis, and is made up of individuals who are independent of both the Commission and applicant. The committee does not overturn the Commission’s decision but refers the case back to the Commission for reconsideration based on its findings.
Further details of the procedures of this committee can be requested from the Chief Secretary's Office.
Any right of review (e.g. to the Council of Ministers’ Review Committee) will be explained to the applicant in the letter communicating the decision of the Board.