Final Notice
On , the Financial Conduct Authority issued a Final Notice to Hot Tub Oasis LTD
1
FINAL NOTICE
To: Hot Tub Oasis LTD
57 Derby Road
Bramcote
Nottingham
NG9 3GX
FRN: 774080
Dated:
23 November 2022
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against HTOL.
2.
The Authority issued to HTOL the Decision Notice which notified HTOL that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel HTOL’s Part 4A permission.
3.
HTOL has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was given to it.
4.
Accordingly, the Authority has today cancelled HTOL’s Part 4A permission.
Hot Tub Oasis LTD 23 November 2022
Final Notice
2
DEFINITIONS
5.
The definitions below are used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the Financial Conduct Authority;
“the Decision Notice” means the Decision Notice issued by the Authority to HTOL
dated 21 October 2022;
“HTOL” means Hot Tub Oasis LTD;
“HTOL’s Part 4A permission” means the permission granted by the Authority to
HTOL pursuant to Part 4A of the Act;
“the Overdue Balance” means the outstanding sum of £577.78 owed by HTOL to the
Authority, comprising of: an invoice dated 6 June 2018 for £250 which was due for
payment by 6 July 2018 for the late submission of regulatory returns (due to be
submitted by 15 May 2018); and an invoice dated 5 December 2018 for regulatory
fees and levies of £327.78 for the period 1 April 2018 to 31 March 2019 which was
due for payment by 4 January 2019;
“the Principles” means the Authority’s Principles for Businesses;
“the suitability Threshold Condition” means the threshold condition set out in
paragraph 2E of Schedule 6 to the Act;
“the Threshold Conditions” means the threshold conditions set out in Schedule 6
to the Act;
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber); and
“the Warning Notice” means the Warning Notice issued by the Authority to HTOL
dated 29 September 2022.
REASONS FOR THE ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice, and in the Decision Notice, it appears to the Authority that HTOL is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that HTOL is a fit and proper person having regard to all the circumstances,
including whether HTOL managed its business in such a way as to ensure that its
affairs were conducted in a sound and prudent manner.
7.
HTOL has failed to pay the Overdue Balance and it has not been open and co-
operative in all its dealings with the Authority, in that HTOL has failed to respond
to the Authority’s repeated requests for it to pay the Overdue Balance, and has
thereby failed to comply with Principle 11 of the Principles and to satisfy the
Authority that it is ready, willing and organised to comply with the requirements
and standards of the regulatory system.
8.
These failings, which are significant in the context of HTOL’s suitability, lead the
Authority to conclude that HTOL has failed to manage its business in such a way as
to ensure that its affairs are conducted in a sound and prudent manner, that it is
not a fit and proper person, and that it is therefore failing to satisfy the Threshold
Conditions in relation to the regulated activities for which it has had a Part 4A
permission.
Hot Tub Oasis LTD 23 November 2022
Final Notice
3
DECISION MAKER
9.
The decision which gave rise to the obligation to give this Final Notice was made by
an Authority staff member under executive procedures.
IMPORTANT
10.
This Final Notice is given to HTOL in accordance with section 390(1) of the Act.
Publicity
The Authority must publish such information about the matter to which this Final
Notice relates as the Authority considers appropriate. The information may be
published in such manner as the Authority considers appropriate. However, the
Authority may not publish information if such publication would, in the opinion of
the Authority, be unfair to HTOL or prejudicial to the interest of consumers.
11.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
Authority contact
12.
For more information concerning this matter generally, please contact Funmi Ojo
at the Authority (direct line: 020 7066 1354).
Jeremy Parkinson
Enforcement and Market Oversight Division
FINAL NOTICE
To: Hot Tub Oasis LTD
57 Derby Road
Bramcote
Nottingham
NG9 3GX
FRN: 774080
Dated:
23 November 2022
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against HTOL.
2.
The Authority issued to HTOL the Decision Notice which notified HTOL that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel HTOL’s Part 4A permission.
3.
HTOL has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was given to it.
4.
Accordingly, the Authority has today cancelled HTOL’s Part 4A permission.
Hot Tub Oasis LTD 23 November 2022
Final Notice
2
DEFINITIONS
5.
The definitions below are used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the Financial Conduct Authority;
“the Decision Notice” means the Decision Notice issued by the Authority to HTOL
dated 21 October 2022;
“HTOL” means Hot Tub Oasis LTD;
“HTOL’s Part 4A permission” means the permission granted by the Authority to
HTOL pursuant to Part 4A of the Act;
“the Overdue Balance” means the outstanding sum of £577.78 owed by HTOL to the
Authority, comprising of: an invoice dated 6 June 2018 for £250 which was due for
payment by 6 July 2018 for the late submission of regulatory returns (due to be
submitted by 15 May 2018); and an invoice dated 5 December 2018 for regulatory
fees and levies of £327.78 for the period 1 April 2018 to 31 March 2019 which was
due for payment by 4 January 2019;
“the Principles” means the Authority’s Principles for Businesses;
“the suitability Threshold Condition” means the threshold condition set out in
paragraph 2E of Schedule 6 to the Act;
“the Threshold Conditions” means the threshold conditions set out in Schedule 6
to the Act;
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber); and
“the Warning Notice” means the Warning Notice issued by the Authority to HTOL
dated 29 September 2022.
REASONS FOR THE ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice, and in the Decision Notice, it appears to the Authority that HTOL is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that HTOL is a fit and proper person having regard to all the circumstances,
including whether HTOL managed its business in such a way as to ensure that its
affairs were conducted in a sound and prudent manner.
7.
HTOL has failed to pay the Overdue Balance and it has not been open and co-
operative in all its dealings with the Authority, in that HTOL has failed to respond
to the Authority’s repeated requests for it to pay the Overdue Balance, and has
thereby failed to comply with Principle 11 of the Principles and to satisfy the
Authority that it is ready, willing and organised to comply with the requirements
and standards of the regulatory system.
8.
These failings, which are significant in the context of HTOL’s suitability, lead the
Authority to conclude that HTOL has failed to manage its business in such a way as
to ensure that its affairs are conducted in a sound and prudent manner, that it is
not a fit and proper person, and that it is therefore failing to satisfy the Threshold
Conditions in relation to the regulated activities for which it has had a Part 4A
permission.
Hot Tub Oasis LTD 23 November 2022
Final Notice
3
DECISION MAKER
9.
The decision which gave rise to the obligation to give this Final Notice was made by
an Authority staff member under executive procedures.
IMPORTANT
10.
This Final Notice is given to HTOL in accordance with section 390(1) of the Act.
Publicity
The Authority must publish such information about the matter to which this Final
Notice relates as the Authority considers appropriate. The information may be
published in such manner as the Authority considers appropriate. However, the
Authority may not publish information if such publication would, in the opinion of
the Authority, be unfair to HTOL or prejudicial to the interest of consumers.
11.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
Authority contact
12.
For more information concerning this matter generally, please contact Funmi Ojo
at the Authority (direct line: 020 7066 1354).
Jeremy Parkinson
Enforcement and Market Oversight Division