Maybe (I'm not a huge fan of regulation in general, but I can see some use for it here), but that doesn't mean the concept is any different. If you need permission to do something, the process for obtaining that permission should be clear enough that you can know whether you will be approved before you request it. This is doubly true when the entity granting said permission is a government and the permission is necessary to conduct business.

I'm not saying some sort of licence shouldn't be required - just that you should be able to figure out whether it will be approved or denied before you apply for it.