139Grounds for making complaint

#### 139 Grounds for making complaint 139 Grounds for making complaint > > (1) A complaint in relation to a licensee, manager or close associate of a licensee may be made to the NICC by— > > > > > (a) an inspector, or > > > > > (b) the Commissioner of Police. > > > (2) A complaint must be in writing and specify the grounds on which it is made. > > > (3) The grounds on which a complaint in relation to a licensee, manager or close associate may be made are as follows— > > > > > (a) that the licensee or manager has, while holding a licence or managing licensed premises, been convicted of an offence under this Act (or under the former Act), > > > > > (b) that the licensee or manager has failed to comply with any of the conditions to which the licence is subject, > > > > > (c) that the licensee has failed to comply with any of the conditions to which any authorisation or approval held by the licensee under this Act is subject, > > > > > (d) that the licensee or manager has failed to comply with any other requirement under this Act (or under the former Act), relating to the licence or the licensed premises, > > > > > (e) that the licensee or manager has failed to comply with a direction or other requirement of the NICC, the Authority, the Secretary or the Commissioner of Police under this Act (or of the Commissioner under the former Act), > > > > > (f) that the licensee or manager has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), > > > > > (g) that intoxicated persons have frequently been on the licensed premises or have frequently been seen to leave those premises, > > > > > (h) that acts involving violence against persons or damage to property have frequently been committed on or near the licensed premises by persons who have been on the licensed premises, > > > > > (i) that the licensee is not a fit and proper person to be the holder of a licence or the manager is not a fit and proper person to be the manager of the licensed premises, > > > > > (j) that the close associate is not a fit and proper person to be a close associate of a licensee, > > > > > (k) that a complaint against a licensee under this section has been made and that— > > > > > > > (i) the close associate knew or ought reasonably to have known that the licensee was engaging (or was likely to engage) in conduct of the kind to which the complaint relates, and > > > > > > > (ii) the close associate failed to take all reasonable steps to prevent the licensee from engaging in conduct of that kind, > > > > > (l) that the close associate is (or has become) a close associate of a licensee while disqualified by the NICC from being a close associate, > > > > > (m) that a person who is interested in the business, or in the conduct or profits of the business, carried on under the licence is not a fit and proper person to be so interested, > > > > > (n) that a person is (or has become) a person who is interested in the business, or in the conduct or profits of the business, carried on under a licence while disqualified by the NICC under this Part from being a person so interested, > > > > > (o), (p) \[not applied\] > > > > > (q) that a person who occupies a position of authority in the corporation is not a fit and proper person to occupy such a position in a corporation that is the holder of a licence, > > > > > (r) that public entertainment has been conducted on the licensed premises otherwise than in accordance with any requirements under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) relating to the use of the premises for public entertainment, > > > > > (s) that the licence has not been exercised in the public interest, > > > > > (t) that the continuation of the licence is not in the public interest. > > > (4) In subsection (3), former Act means the [Liquor Act 1982](/view/html/repealed/current/act-1982-147).