FINAL NOTICE

FRN: 676534

Dated: 25 July 2019


ACTION

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

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

3. PMSCL has not referred the matter to the Tribunal within 28 days of the date on

which the Decision Notice was issued to it.

4.
Accordingly, the Authority has today cancelled PMSCL’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 PMSCL dated 6 March
2019;

“PMSCL” means Potters Music Shop (Croydon) Limited;

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


“the Return” means the CCR007 return for the period ended 30 April 2018,
which PMSCL was due to submit to the Authority by 13 June 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);

“the Warning Notice” means the Warning Notice issued to PMSCL dated 12 February
2019.

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

7.
This is because PMSCL has failed to comply with the regulatory requirement to
submit the Return. PMSCL has not been open and co-operative in all its dealings
with the Authority, in that PMSCL has failed to respond adequately to the
Authority's repeated requests for it 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 it 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 PMSCL’s suitability, lead the
Authority to conclude that PMSCL 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 PMSCL 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 PMSCL 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 PMSCL 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).

Anna Couzens
Enforcement and Market Oversight Division