PART 2 LICENSING OF EARLY CHILDHOOD
DEVELOPMENT CENTRES |
| No operation of early childhood development centre without licence, etc. |
6.—(1) A person must not operate (whether solely or jointly with any other person) an early childhood development centre unless the person —| (a) | is authorised to do so by a licence under this Act; | | (b) | is exempt from this subsection by or under this Act in relation to that centre; or | | (c) | is directed by the Chief Licensing Officer under section 18 to do so despite the expiry or revocation of the licence for that centre. |
| (2) A person must not advertise or otherwise hold out that the person is operating an early childhood development centre under a licence, unless the person holds a valid licence under this Act. |
(3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. |
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| Application for or to renew licence |
7.—(1) An application must be made to the Chief Licensing Officer in accordance with this section.(2) An application must —| (a) | be in the form and manner required by the Chief Licensing Officer; | | (b) | be accompanied by a non‑refundable application fee (if prescribed) paid in the manner required by the Chief Licensing Officer; and | | (c) | be accompanied by any information that the Chief Licensing Officer requires to decide on the application. |
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| (3) A separate application must be made for every early childhood development centre that a person operates or intends to operate (as the case may be) under the authority of a licence. |
(4) In addition to the requirements under subsections (2) and (3), an application to renew a licence must —| (a) | be made not later than the prescribed time before the date the licence expires (called in this subsection the renewal deadline); and | | (b) | if made later than the renewal deadline, be accompanied by a non‑refundable late renewal application fee (if prescribed) paid in the manner required by the Chief Licensing Officer. |
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(5) The Chief Licensing Officer or an authorised officer may —| (a) | carry out such inquiries and investigations in relation to an application under subsection (1) as are necessary for a proper consideration by the Chief Licensing Officer of the application; and | | (b) | request that the applicant provide, within a specified time, any additional information that the Chief Licensing Officer requires for a proper consideration of the application. |
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(6) The Chief Licensing Officer may refuse an application —| (a) | that is incomplete or otherwise not made in accordance with this section; or | | (b) | if the applicant fails to provide the additional information requested under subsection (5)(b). |
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| Grant or renewal of licence |
8.—(1) After considering any application for or to renew a licence, the Chief Licensing Officer may —| (a) | on payment of a licence fee or renewal fee (if prescribed), grant or renew the licence, as the case may be; or | | (b) | refuse (without compensation) to grant or renew the licence, as the case may be. |
| (2) A person may be granted more than one licence. |
(3) In deciding whether a licence should be granted or renewed, the Chief Licensing Officer must have regard to, and give such weight as the Chief Licensing Officer considers appropriate to, all of the following matters:| (a) | whether the applicant has the appropriate character and fitness to operate and maintain an early childhood development centre; | | (b) | whether every key appointment holder of the applicant has the appropriate character and fitness to act in that capacity; | | (c) | whether the applicant, or any key appointment holder of the applicant, has been —| (i) | convicted of an offence under this Act; | | (ii) | convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the applicant or key appointment holder (as the case may be) had acted dishonestly; or | | (iii) | convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; |
| | (d) | whether the applicant has, during the prescribed period immediately before the application, failed to pay any charge or fee charged or imposed under this Act, the repealed Act or the Education Act 1957 in connection with the operation of an early childhood development centre; | | (e) | whether the applicant has previously —| (i) | been refused the grant or renewal of a licence under this Act or the repealed Act; | | (ii) | had any licence revoked or shortened under this Act or the repealed Act; | | (iii) | been the subject of any other regulatory sanction under this Act; | | (iv) | been refused registration of a school under the Education Act 1957; or | | (v) | had any registration of a school cancelled under the Education Act 1957; |
| | (f) | whether any key appointment holder of the applicant is disqualified under section 19 to act or continue to act as a key appointment holder; | | (g) | whether the applicant has, or is likely to have, the financial capacity to operate and maintain an early childhood development centre; | | (h) | whether the applicant is the owner or lessee of the premises to be used as an early childhood development centre, or has a licence from another person to occupy those premises; | | (i) | whether the premises to be used as an early childhood development centre are fit to be used as such a centre, having regard to —| (i) | location, accommodation, staffing or equipment; and | | (ii) | building structure, fire safety, public health and sanitation requirements prescribed under this Act or any other written law; |
| | (j) | whether the applicant has the capacity to deliver early childhood development services according to such requirements relating to the types and content of the curriculum or programme for early childhood development centres as may be prescribed; | | (k) | whether there is any other relevant matter that makes it contrary to the public interest to grant or renew the licence. |
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| (4) For the purpose of determining whether a person has the appropriate character and fitness under subsection (3)(a) or (b), the Chief Licensing Officer must take into account the prescribed considerations (if prescribed). |
| (5) To avoid doubt, the Chief Licensing Officer is not confined to consideration of the matters in subsection (3) or prescribed under subsection (4), and may take into account such other matters and evidence as may be relevant. |
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| Form and validity of licence |
9.—(1) Every licence must state its class and be in such form as the Chief Licensing Officer may determine.| (2) Every licence granted or renewed under this Act continues in force for such period as may be specified in the licence unless it is earlier revoked or has its term shortened under section 16. |
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10.—(1) In granting or renewing a licence to any person to operate an early childhood development centre, the Chief Licensing Officer may impose such conditions as the Chief Licensing Officer considers requisite or expedient having regard to the purpose of this Act.(2) The Chief Licensing Officer may impose —| (a) | conditions generally applicable to all licences; | | (b) | conditions specifically applicable to a class of licences; or | | (c) | conditions specifically applicable to a particular licence. |
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(3) In particular, a licence to operate an early childhood development centre may include conditions —| (a) | relating to the operation, operating hours and maintenance of the centre; | | (b) | relating to the care, education, safety and security of children attending the centre; | | (c) | relating to the conduct of employees, agents and contractors of the licensee; | | (d) | relating to the safety and security of persons performing duties or engaged in work at the centre; and | | (e) | requiring the licensee to undergo and pass such audit as the Chief Licensing Officer may determine for compliance with —| (i) | the provisions of this Act; | | (ii) | the conditions of the licence; | | (iii) | the applicable codes of practice issued, approved or amended by the Chief Licensing Officer under section 36; and | | (iv) | any direction given by the Chief Licensing Officer under section 17. |
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(4) For the purpose of subsection (3)(e) —| (a) | the audit may be conducted only by —| (i) | authorised officers; or | | (ii) | such qualified individuals or qualified audit team as may be approved by the Chief Licensing Officer for the purpose; and |
| | (b) | the Chief Licensing Officer may require the licensee —| (i) | to submit to the Chief Licensing Officer or to the persons conducting the audit such information as the Chief Licensing Officer may specify which pertains to the operation of any early childhood development centre by the licensee; and | | (ii) | to allow the persons conducting the audit to carry out on‑site collection or verification of any information which pertains to the operation of any early childhood development centre by the licensee. |
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| (5) Without affecting subsection (1), the Chief Licensing Officer may grant a renewal of a licence with or without modifying the conditions of the licence, but section 11 does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence. |
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| Modification of conditions of licence |
11.—(1) The Chief Licensing Officer may modify the conditions of a licence in accordance with this section without compensating the licensee to whom the licence is granted.(2) Before modifying any conditions of a licence, the Chief Licensing Officer must give notice to the licensee —| (a) | stating that the Chief Licensing Officer proposes to make the modification in the manner specified in the notice; and | | (b) | specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which the licensee may make written representations to the Chief Licensing Officer with respect to the proposed modification. |
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(3) Upon receiving any written representation mentioned in subsection (2)(b), the Chief Licensing Officer must consider that representation and may —| (a) | reject the representation; | | (b) | amend the proposed modification in such manner as the Chief Licensing Officer thinks fit having regard to the representation; or | | (c) | withdraw the proposed modification. |
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(4) Where —| (a) | the Chief Licensing Officer rejects any written representation under subsection (3)(a); | | (b) | the Chief Licensing Officer amends any proposed modification to the conditions of the licence under subsection (3)(b); or | | (c) | no written representation is received by the Chief Licensing Officer within the time specified in subsection (2)(b), or any written representation made under that subsection is subsequently withdrawn, and the licensee has not given immediate effect to the modification, |
| the Chief Licensing Officer must issue a direction in writing to the licensee in question requiring the licensee, within the time specified by the Chief Licensing Officer, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Chief Licensing Officer, as the case may be. |
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12.—(1) Before granting or renewing a licence, the Chief Licensing Officer may require an applicant or a licensee (as the case may be) to give to the Chief Licensing Officer a security deposit.(2) The Chief Licensing Officer may determine —| (a) | the form of the security deposit (such as but not limited to a performance bond or bank guarantee); | | (b) | the manner in which the security deposit is to be given; and | | (c) | the amount of the security deposit. |
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(3) The Chief Licensing Officer may —| (a) | require the licensee to add to the amount of the security deposit given or to be given, within the time specified by the Chief Licensing Officer; or | | (b) | reduce the amount of security deposit given or to be given by the licensee with effect from the date specified by the Chief Licensing Officer. |
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(4) In determining whether to require a security deposit and the amount of the security deposit, the Chief Licensing Officer must have regard to, and give such weight as the Chief Licensing Officer considers appropriate to, all of the following matters:| (a) | the track record of an applicant or a licensee in complying with —| (i) | requirements under any written law (including the repealed Act) applicable to the applicant’s or licensee’s operation of an early childhood development centre; and | | (ii) | any requirement imposed by or under this Act; |
| | (b) | the likelihood, or the commencement, of proceedings for the taking of regulatory action against a licensee; | | (c) | any other matter as may be prescribed. |
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13.—(1) A licence, and any right, benefit or privilege under the licence, is not transferable to any other person unless the Chief Licensing Officer approves in writing the transfer.| (2) An application for the Chief Licensing Officer’s approval to transfer a licence must be made by the licensee and the intended transferee in accordance with this section. |
(3) An application under subsection (2) to transfer a licence must —| (a) | be made in the form and manner required by the Chief Licensing Officer; | | (b) | be accompanied by a non‑refundable application fee (if prescribed) paid in the manner required by the Chief Licensing Officer; and | | (c) | be accompanied by any information that the Chief Licensing Officer requires to decide on the application. |
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| (4) In addition to the requirements under subsection (3), the application under subsection (2) to transfer a licence must be made not later than a prescribed time, being a time before the licence expires. |
(5) The Chief Licensing Officer or an authorised officer may —| (a) | carry out such inquiries and investigations in relation to the application under subsection (2) as are necessary for a proper consideration by the Chief Licensing Officer of the application to transfer a licence; and | | (b) | request that the applicant making the application under subsection (2) provide, within a specified time, any additional information that the Chief Licensing Officer requires for a proper consideration of that application. |
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(6) The Chief Licensing Officer may refuse an application under subsection (2) to transfer a licence —| (a) | that is incomplete or otherwise not made in accordance with this section; or | | (b) | if the applicant fails to provide the additional information requested under subsection (5)(b). |
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(7) After considering the matters mentioned in section 8 and such other matters as may be prescribed (if prescribed), the Chief Licensing Officer may —| (a) | approve the transfer of the licence; or | | (b) | refuse (without compensation) to approve the transfer of the licence. |
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| (8) To avoid doubt, the Chief Licensing Officer is not confined to consideration of the matters mentioned in section 8 or prescribed under subsection (7), and may take into account such other matters and evidence as may be relevant. |
| (9) The Chief Licensing Officer’s approval under this section may be given with or without conditions. |
(10) The transfer of a licence takes effect on —| (a) | the date on which the conditions (if any) for the Chief Licensing Officer’s approval of the transfer are met; or | | (b) | such other date as the Chief Licensing Officer may specify. |
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| (11) The transfer of a licence does not affect any criminal or civil liability incurred by the original licensee. |
| (12) A licence that is transferred in accordance with this section continues in force for the remaining term of the licence unless it is earlier revoked or has its term shortened under section 16. |
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| Voluntary cessation of operation or surrender of licence |
14.—(1) A licensee must not, without giving the Chief Licensing Officer prior notice —| (a) | wholly and permanently cease operating the early childhood development centre specified in the licensee’s licence; or | | (b) | for any reason surrender the licence. |
(2) A notice under subsection (1) must be made to the Chief Licensing Officer not later than the prescribed time before the following date, whichever is applicable:| (a) | the date on which the early childhood development centre is to wholly and permanently cease operations; | | (b) | the date on which the licensee intends the surrender of the licence to take effect. |
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| (3) No part of any licence fee or renewal fee may be refunded to the licensee upon the cessation of the operation of an early childhood development centre or surrender of a licence under this section. |
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15.—(1) Unless expired or earlier revoked under section 16, a licence in respect of an early childhood development centre lapses —| (a) | if the licensee is an individual, on the date of death of the licensee; | | (b) | if the licensee is a partnership, body corporate or an unincorporated association, on the date the licensee ceases to exist; | | (c) | on the date that the licensee is no longer the owner or a lessee of, or no longer has a licence to occupy, the premises used as the early childhood development centre; or | | (d) | if no children are enrolled in that centre for a continuous period prescribed, at the end of that period. |
| (2) No part of any licence fee or renewal fee may be refunded upon the lapse of a licence under this section. |
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| Revocation of licence and other regulatory sanctions |
16.—(1) Subject to subsection (3), if the Chief Licensing Officer is satisfied that —| (a) | a licensee is contravening or not complying with, or has contravened or failed to comply with —| (i) | a condition of the licensee’s licence; | | (ii) | any provision of this Act, the contravention of or non‑compliance with which is not an offence; | | (iii) | any provision of a code of practice applicable to the licensee; | | (iv) | any direction given to the licensee under subsection (2)(e) or (g) or section 27(4); or | | (v) | any requirement of the Chief Licensing Officer under subsection (2)(c); |
| | (b) | the licensee is no longer a suitable person to be granted a licence, having regard to the matters mentioned in section 8; | | (c) | the licensee is, or likely to be, declared a bankrupt or has gone, or likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; | | (d) | the licensee has made any assignment to, or composition with, the licensee’s creditors or, if a company, is unable to pay its debts; | | (e) | the licensee has, in connection with the application for the grant or renewal of the licensee’s licence, made a statement or provided any information or document which is false or misleading in a material particular; or | | (f) | the licensee is convicted of any offence under this Act, |
| the Chief Licensing Officer may revoke (without compensation and without refunding any fee) the licensee’s licence, with or without forfeiting any performance bond, guarantee or other form of security furnished by the licensee under this Act. |
(2) However, the Chief Licensing Officer may (without compensation), in lieu of revoking a licensee’s licence under subsection (1), do any one or more of the following:| (a) | censure the licensee in writing, which may be published in such manner and made accessible to such persons as the Chief Licensing Officer thinks fit; | | (b) | modify any condition of the licence; | | (c) | require the furnishing of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, to secure compliance by the licensee with any matter mentioned in subsection (1)(a)(i), (ii), (iii), (iv) and (v) or for the purpose of meeting any financial penalty arising out of any proceedings with a view to regulatory action started or likely to start against the licensee, or both; | | (d) | subject to subsection (8), forfeit the whole or part of any performance bond, guarantee or other form of security furnished under paragraph (c) or section 12; | | (e) | direct the licensee to do, or refrain from doing, such things as specified in the direction, and within such period as specified in the direction (if specified), to rectify a contravention or non‑compliance; | | (f) | shorten (for not longer than such period for a licence of such term as may be prescribed) the term of the licence without any compensation and without refund of any licence fee or renewal fee; | | (g) | direct the licensee to pay, within a period specified in a direction, a financial penalty of such amount as the Chief Licensing Officer thinks fit, being —| (i) | not more than $5,000 for each contravention or non‑compliance mentioned in subsection (1) that is the subject; or | | (ii) | in any other case, not more than $5,000. |
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(3) Before exercising any power under subsection (1) or (2), the Chief Licensing Officer must give written notice to the licensee concerned —| (a) | stating that the Chief Licensing Officer intends to take regulatory action against the licensee under this section; | | (b) | specifying the type of action in subsection (1) or (2) the Chief Licensing Officer proposes to take, and each instance of non‑compliance that is the subject of the action; and | | (c) | specifying the time (being at least 14 days after the service of the notice on the licensee) within which written representations may be made to the Chief Licensing Officer with respect to the proposed action. |
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| (4) The Chief Licensing Officer may, after considering any written representation under subsection (3)(c), decide to take such regulatory action in subsection (1) or (2) as the Chief Licensing Officer considers appropriate. |
| (5) Where the Chief Licensing Officer has made any decision under subsection (4) against any licensee, the Chief Licensing Officer must serve on the licensee concerned a notice of the decision. |
| (6) Subject to section 43, a decision to revoke a licence, or to impose a regulatory action in subsection (2), which is specified in the notice given under subsection (5) takes effect from the date on which that notice is given, or on such other date as may be specified in the notice. |
| (7) The revocation, or shortening of the term, of any licence or the issuing of any direction under this section does not prejudice the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person. |
| (8) Where any financial penalty is imposed on a licensee under subsection (2)(g) for contravening or not complying with any matter mentioned in subsection (1)(a)(i), (ii), (iii), (iv) and (v), any performance bond, guarantee or other form of security given by the licensee to secure compliance by the licensee with that matter mentioned in subsection (1)(a)(i), (ii), (iii), (iv) and (v) must not be forfeited by the Chief Licensing Officer for that contravention except to the extent required to pay the financial penalty. |
| (9) A licensee who fails to pay any amount of a financial penalty imposed under subsection (2)(g) within the period specified for payment by the Chief Licensing Officer under that subsection is liable to pay interest at the same rate as for a judgment debt on the unpaid amount. |
| (10) Despite subsection (8), any financial penalty imposed on a licensee under subsection (2)(g) and any interest payable under subsection (9) is recoverable as a debt due to the Government, and the licensee’s liability to pay is not affected by the licensee’s licence ceasing, for any reason, to be in force. |
| (11) In any proceedings under this section in relation to the conviction of a licensee or any person for a criminal offence, the Chief Licensing Officer is to accept the licensee’s or person’s conviction as final and conclusive. |
| (12) For the purposes of subsection (1)(d), a company is unable to pay its debts if it is a company which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018. [40/2018] |
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| Directions concerning safety, wellbeing, etc., of children |
17.—(1) The Chief Licensing Officer may (without compensation) give a direction to a licensee if the Chief Licensing Officer has reasonable grounds to believe that there are circumstances that may endanger, or are likely to endanger, the safety, wellbeing and welfare of children or other individuals at an early childhood development centre.(2) Any direction given under subsection (1) —| (a) | may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction; | | (b) | takes effect at the time (being the earliest practicable time) determined by or under that direction; and | | (c) | may be varied or revoked at any time by the Chief Licensing Officer. |
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| (3) To avoid doubt, the direction may require a licensee to stop the operation of an early childhood development centre, or any part of an early childhood development centre, until the Chief Licensing Officer is satisfied that the circumstances mentioned in subsection (1) no longer exist. |
(4) Before giving a direction under subsection (1) to a licensee, the Chief Licensing Officer must, unless the Chief Licensing Officer in respect of any particular direction considers that it is not practicable or desirable, give notice to the licensee —| (a) | stating that the Chief Licensing Officer proposes to give the direction and the effect of the proposed direction; and | | (b) | specifying the time within which written representations to the proposed direction may be made, |
| and the Chief Licensing Officer must consider the written representations which are duly made. |
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| (5) A direction given under subsection (1) need not be published in the Gazette. |
| (6) Every licensee must comply with a direction given to the licensee under this section. |
| (7) A licensee who fails to comply with a direction given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Directions when licence expires, etc. |
18.—(1) This section applies where —| (a) | a licence expires, or is expiring but no application to renew the licence is made before the renewal deadline mentioned in section 7(4)(a); | | (b) | a licence is transferred under section 13; | | (c) | a licensee ceases to operate the early childhood development centre specified in the licence or surrenders the licence, or gives notice under section 14 of the cessation of the operation of the centre or surrender of the licence; | | (d) | a licence lapses under section 15(1)(b) or (c); | | (e) | a licensee is given notice under section 16 of the revocation, or shortening of the term, of the licence; or | | (f) | a licensee is given a direction under section 17 to cease the operation of an early childhood development centre, or any part of an early childhood development centre. |
| (2) The purpose of this section is to secure the orderly cessation by a licensee of the operation of an early childhood development centre with minimal disruption to the children attending the centre. |
(3) The Chief Licensing Officer may (without compensation), for the purpose of this section, give directions to one or more of the following persons:| (a) | the licensee; | | (b) | a key appointment holder of the licensee; | | (c) | if there is no key appointment holder of the licensee who is able to comply with the directions, any person who was a key appointment holder of the licensee in the period of 6 months immediately preceding the date of the relevant event in subsection (1). |
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(4) Without limiting subsection (3), the Chief Licensing Officer may (without compensation) give all or any of the following directions under that subsection:| (a) | the licensee must inform, in writing, the parents or guardian of every child who attends the affected centre, and every employee of the licensee or other person deployed at the affected centre, of the relevant event in subsection (1); | | (b) | the licensee must not enrol any more children in the affected centre; | | (c) | the licensee must not collect any deposit or fee in respect of any child attending the affected centre; | | (d) | the licensee must refund to the parents or guardian any deposit or fee due to them before the affected centre ceases operations; | | (e) | the licensee must return the licence to the Chief Licensing Officer; | | (f) | the licensee must submit, within the prescribed period after the cessation of the affected centre’s operation, such audited statement of subsidy as may be required by the Chief Licensing Officer; | | (g) | the licensee must provide the Chief Licensing Officer with such assistance as may be specified by the Chief Licensing Officer in respect of alternative care or education arrangements for the children who attend the affected centre; | | (h) | any other direction that the Chief Licensing Officer thinks is necessary to ensure the orderly cessation by the licensee of the operation of the affected centre so as to cause minimal disruption to the children who attend the affected centre, which may include a direction for the continued operation of the affected centre for such period after the expiry or revocation of the licence as the Chief Licensing Officer may specify. |
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| (5) In giving a direction under subsection (3), the Chief Licensing Officer may specify the period within which the direction must be complied with. |
(6) A person who, without reasonable excuse —| (a) | fails to comply with a direction given under subsection (3); or | | (b) | fails to comply with a direction given under subsection (3) within the period specified by the Chief Licensing Officer, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| (7) In this section, “licensee” includes a person who has ceased to hold a licence. |
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| Disqualification of key appointment holders |
19.—(1) Despite the provisions of any other written law, a person must not, without the written consent of the Chief Licensing Officer, act or continue to act as a key appointment holder for any licensee of an early childhood development centre if —| (a) | the person is convicted of an offence under this Act; | | (b) | the person is convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the person had acted dishonestly; | | (c) | the person is convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; | | (d) | the person is or has been a director of, or directly concerned in the management of —| (i) | an early childhood development centre for which a licence has been refused or is revoked; | | (ii) | a child care centre for which a licence under the repealed Act was, under that Act, refused or revoked; or | | (iii) | a kindergarten for which registration under the Education Act 1957 has been refused or cancelled; |
| | (e) | the person is a teacher whose registration under the Education Act 1957 has been cancelled; | | (f) | the person was prohibited under the repealed Act from being employed at a child care centre; | | (g) | the person has, under this Act, been refused approval to be deployed at an early childhood development centre or has had his or her approval cancelled (except where the cancellation is due to the centre ceasing to exist); or | | (h) | the person does not satisfy any of the prescribed criteria for a key appointment holder of a licensee. |
(2) Where the Chief Licensing Officer’s consent under this section is sought, the Chief Licensing Officer or an authorised officer may —| (a) | carry out such inquiries and investigations into the person who is to act or continue to act as a key appointment holder, as are necessary for a proper consideration by the Chief Licensing Officer of the matter; and | | (b) | request that the person provide, within a specified time, any additional information that the Chief Licensing Officer requires for a proper consideration of the matter. |
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| (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) Any licensee who knowingly allows a person to act or continue to act as a key appointment holder of the licensee in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
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| Use of premises for other purpose |
20.—(1) Subject to subsection (2), the licensee of an early childhood development centre must not, during that centre’s operating hours as specified in the licensee’s licence, use that centre for any purpose other than for the ordinary conduct and business of an early childhood development centre.| (2) The Chief Licensing Officer may, subject to such conditions as the Chief Licensing Officer may impose, permit the licensee of an early childhood development centre to receive children who are 7 years of age or older but below 14 years of age at that centre for the purpose of providing them with care or education, or care and education, during that centre’s operating hours. |
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| 21. The Chief Licensing Officer must cause to be kept and maintained a register of licensees, in the form and manner and containing the information the Chief Licensing Officer thinks fit. |
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