How to acquire a Licence
Licensing is a process by which the Board grants permission to a facility to operate. In general
regulations relating to licensing are established to ensure a facility meets minimum standards to
protect the public.
The following shall guide the licensing of facilities:
- A person shall not operate a public or private facility without a licence.
- A licence shall not be granted to an applicant unless the Board is satisfied that:
- the past or present conduct of the applicant concerned with the operation of the facility provides reasonable grounds to believe that the applicant will operate in accordance with Part Two of Act 829,
- the applicant has the experience or training to manage the facility in accordance with this Part,
- the applicant has submitted a plan of the facility,
- the applicant is able to provide the resources and equipment required to manage the facility, and
- any other requirement specified by the Board has been complied with.
- Facilities required to be licensed include the following:
- cold storage facilities for human remains;
- funeral homes;
- hearses and
- any other facility that the Minister may determine on the
recommendation of the Board.
- Where the Registrar is satisfied that an applicant qualifies to operate a funeral facility, and has fulfilled all other conditions required, the Registrar shall issue a provisional licence and inform the Board.
- A provisional licence is valid for six months from the date of issue.
- A licence issued by the Board is valid for three years from the date of issue and may be renewed subject to Part Two of Act 829.
- A licence issued by the Board shall not be assignable or transferable to another facility.
- The licence shall be conspicuously displayed at the facility for which the registration was issued.
- The applicant shall pay the prescribed fee in respect of the licence or renewal of it.
- Successful facilities shall then have their names and details on the official list of facilities to be regulated by the Agency.
- The Board may revoke the licence to own or operate a facility if:
- The Board has reasonable grounds to believe that the continued operation of the practice by the facility will create a risk to public health and safety;
- The person managing the facility has been convicted of a felony which was not known to the Board at the time the licence was issued or the person was convicted after the licence was issued;
- The licensee shows evidence of character traits that are indecent or inimical to the health and safety of the public that was not known to the Board at the time of granting the licence.
- The Board may refuse to renew a licence to own or operate a facility if:
- the state of the licensee disqualifies the applicant from being granted a licence;
- licensee is a body corporate and the shareholding of that body has changed in such a way as to compromise the financial ability or technical competence and standards of that body; or
- the Board has reasonable grounds to believe that the continued operation of the facility by the licensee compromises or is likely to compromise the public interest, public health, public safety or is indecent.
- Where the Board intends to revoke a licence or refuse to issue or renew a licence, the Board shall give the applicant or licensee;
- a notice of intention to revoke or refuse,
- reasons for the intention to revoke or refuse, and
- an opportunity to make representations to the Board within sixty days after the date of receipt of the notice of intention to revoke or refuse.
- Where a representation is not made, the Board shall revoke or refuse the licence after the time specified has expired.
- Where a representation is made, the affected facility shall be closed and shall not operate until the case is determined by the Board and the licence is either restored or not restored.
- Where a licence is either revoked or refused, the applicant or the licensee shall be informed of the reason within 30 days of the revocation or refusal.
- The Board shall provide in its revocation or refusal order the period of the revocation or refusal.