FINAL NOTICE

To: Mr Owen (trading as Owen’s Bikes & Tools)

FRN: 742063

Dated: 14 May 2020


ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Mr Owen.

2.
The Authority issued to Mr Owen the Decision Notice which notified him that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel Mr Owen’s Part 4A permission.

3.
Mr Owen has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was issued to him.

4.
Accordingly, the Authority has today cancelled Mr Owen’s Part 4A permission.

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 to Mr Owen dated 18 March
2020;

“Mr Owen” means David Wyn Owen;

“Mr Owen ’s Part 4A permission” means the permission granted by the Authority to
Mr Owen pursuant to Part 4A of the Act;

“the Return” means the CCR007 return for the period ended 5 October 2018,
which Mr Owen was due to submit to the Authority by 16 November 2018;

“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 to Mr Owen dated 26
February 2020.


REASONS FOR 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 Mr Owen is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that Mr Owen is a fit and proper person having regard to all the circumstances,
including whether Mr Owen managed his business in such a way as to ensure that
his affairs were conducted in a sound and prudent manner.

7.
This is because Mr Owen has failed to comply with the regulatory requirement to
submit the Return. Mr Owen has not been open and co-operative in all his dealings
with the Authority, in that Mr Owen has failed to respond adequately to the
Authority's repeated requests for him to submit the Return, and has thereby failed
to comply with Principle 11 of the Authority's Principles for Businesses and to satisfy
the Authority that he is ready, willing and organised to comply with the
requirements and standards under the regulatory system.

8.
These failures, which are significant in the context of Mr Owen’s suitability, lead
the Authority to conclude that Mr Owen has failed to manage his business in such
a way as to ensure that his affairs are conducted in a sound and prudent manner,
that he is not a fit and proper person, and that he is therefore failing to satisfy the
Threshold Conditions in relation to the regulated activities for which Mr Owen was
granted a Part 4A permission.

DECISION MAKER

9.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.

IMPORTANT

10.
This Final Notice is given to Mr Owen in accordance with section 390(1) of the Act.


Publicity

11.
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 Mr Owen or prejudicial to the interest of consumers.

12.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.



Authority Contact

13.
For more information concerning this matter generally, please contact Victoria
Oyebanjo at the Authority (direct line: 020 706 64564).

Martin Butcher
Enforcement and Market Oversight Division