sec.105AAdditional requirement for particular applications—risk-assessed management plan

### sec.105A Additional requirement for particular applications—risk-assessed management plan Subsection (2) applies in relation to an application for or relating to a licence or restricted liquor permit made under section 105 , other than an application for any of the following licences relating to low risk premises— a subsidiary on-premises licence (meals); a subsidiary off-premises licence if the principal activity stated in the licence is the provision of— floral arrangements; or gift baskets. The application must be accompanied by— if the application is for a licence or restricted liquor permit—a proposed risk-assessed management plan for the premises to which the application relates; or if the application is a relevant application—a proposed revised risk-assessed management plan for the licensed premises. Subsections (4) and (5) apply in relation to an application made under section 105 for a licence mentioned in subsection (1) (a) or (b) relating to low risk premises if the commissioner considers an approved risk-assessed management plan or revised risk-assessed management plan for the premises is necessary to— ensure compliance with this Act; or give effect to an agreement about the management of premises that has resulted from a decision of the tribunal; or give effect to the main purposes of this Act mentioned in section 3 (a) ; or minimise alcohol-related disturbances, or public disorder, in a locality. Before deciding the application, the commissioner may, by written notice to the applicant, require the applicant to give the commissioner within the reasonable period of not less than 30 days stated in the notice, a proposed risk-assessed management plan for the premises to which the application relates. The application is taken to be withdrawn if the applicant fails to comply with the notice, unless the commissioner considers the applicant has a reasonable excuse for the non-compliance. In this section— low risk premises means premises the subject of an application to which all of the following apply— if the application were to be granted, the premises would not be the subject of— an adult entertainment permit; or an extended trading hours approval that extends trading hours to include trading between 12a.m. and 5a.m.; the premises are not situated in a restricted area. relevant application means an application for— the transfer of a licence; or a permanent variation of a licence; or an approval for a permanent change in a licensed area; or an extended trading hours approval; or an approval for a change in the principal activity of a business conducted under a licence; or a car park approval. s 105A ins 2013 No. 25 s 134 amd 2014 No. 42 s 48 ; 2016 No. 4 s 33 (sec.105A-ssec.1) Subsection (2) applies in relation to an application for or relating to a licence or restricted liquor permit made under section 105 , other than an application for any of the following licences relating to low risk premises— a subsidiary on-premises licence (meals); a subsidiary off-premises licence if the principal activity stated in the licence is the provision of— floral arrangements; or gift baskets. (sec.105A-ssec.2) The application must be accompanied by— if the application is for a licence or restricted liquor permit—a proposed risk-assessed management plan for the premises to which the application relates; or if the application is a relevant application—a proposed revised risk-assessed management plan for the licensed premises. (sec.105A-ssec.3) Subsections (4) and (5) apply in relation to an application made under section 105 for a licence mentioned in subsection (1) (a) or (b) relating to low risk premises if the commissioner considers an approved risk-assessed management plan or revised risk-assessed management plan for the premises is necessary to— ensure compliance with this Act; or give effect to an agreement about the management of premises that has resulted from a decision of the tribunal; or give effect to the main purposes of this Act mentioned in section 3 (a) ; or minimise alcohol-related disturbances, or public disorder, in a locality. (sec.105A-ssec.4) Before deciding the application, the commissioner may, by written notice to the applicant, require the applicant to give the commissioner within the reasonable period of not less than 30 days stated in the notice, a proposed risk-assessed management plan for the premises to which the application relates. (sec.105A-ssec.5) The application is taken to be withdrawn if the applicant fails to comply with the notice, unless the commissioner considers the applicant has a reasonable excuse for the non-compliance. (sec.105A-ssec.6) In this section— low risk premises means premises the subject of an application to which all of the following apply— if the application were to be granted, the premises would not be the subject of— an adult entertainment permit; or an extended trading hours approval that extends trading hours to include trading between 12a.m. and 5a.m.; the premises are not situated in a restricted area. relevant application means an application for— the transfer of a licence; or a permanent variation of a licence; or an approval for a permanent change in a licensed area; or an extended trading hours approval; or an approval for a change in the principal activity of a business conducted under a licence; or a car park approval. - (a) a subsidiary on-premises licence (meals); - (b) a subsidiary off-premises licence if the principal activity stated in the licence is the provision of— (i) floral arrangements; or (ii) gift baskets. - (i) floral arrangements; or - (ii) gift baskets. - (i) floral arrangements; or - (ii) gift baskets. - (a) if the application is for a licence or restricted liquor permit—a proposed risk-assessed management plan for the premises to which the application relates; or - (b) if the application is a relevant application—a proposed revised risk-assessed management plan for the licensed premises. - (a) ensure compliance with this Act; or - (b) give effect to an agreement about the management of premises that has resulted from a decision of the tribunal; or - (c) give effect to the main purposes of this Act mentioned in section 3 (a) ; or - (d) minimise alcohol-related disturbances, or public disorder, in a locality. - (a) if the application were to be granted, the premises would not be the subject of— (i) an adult entertainment permit; or (ii) an extended trading hours approval that extends trading hours to include trading between 12a.m. and 5a.m.; - (i) an adult entertainment permit; or - (ii) an extended trading hours approval that extends trading hours to include trading between 12a.m. and 5a.m.; - (b) the premises are not situated in a restricted area. - (i) an adult entertainment permit; or - (ii) an extended trading hours approval that extends trading hours to include trading between 12a.m. and 5a.m.; - (a) the transfer of a licence; or - (b) a permanent variation of a licence; or - (c) an approval for a permanent change in a licensed area; or - (d) an extended trading hours approval; or - (e) an approval for a change in the principal activity of a business conducted under a licence; or - (f) a car park approval.