sec.107Restrictions on grant of licence or permit

### sec.107 Restrictions on grant of licence or permit The commissioner may grant an application for a licence or permit only if the commissioner is satisfied that the applicant is not a disqualified person and is a fit and proper person to hold the licence or permit applied for having regard to— whether the applicant demonstrates knowledge and understanding of the obligations of a licensee or permittee of the relevant kind under this Act; and whether the applicant is a person of good repute who does not have a history of behaviour that would render the applicant unsuitable to hold the licence or permit applied for; and whether the applicant demonstrates a responsible attitude to the management and discharge of the applicant’s financial obligations; and whether the applicant has been convicted of a prescribed offence; and if the applicant is, or has been, the subject of a control order or registered corresponding control order—the terms of the order. If the applicant is a corporation, or the commissioner knows, or suspects on reasonable grounds, that the applicant would hold any licence or permit granted on behalf of an unincorporated association or partnership, the commissioner must discharge the responsibility under subsection (1) by applying the subsection to— each executive officer of the corporation; or each person who is an executive officer of the association or a member of the partnership of whom the commissioner has knowledge; as if each such person were the applicant. Subject to section 123 , the commissioner may grant an application only if the premises to which it relates are, in the commissioner’s opinion, suitable for conduct of business under authority of the licence or permit applied for. The commissioner may obtain— a report from the police commissioner in relation to the criminal history of— an applicant for a licence or permit; and each person to whom subsection (1) applies as if the person were the applicant; and if the applicant or person holds or previously held in another State or a Territory a relevant licence, permit, authority, interest or position—a report from the appropriate authority in the State or Territory. A report under subsection (5) (a) must— include reference to or disclosure of convictions of the applicant or person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ; and if the applicant or person is, or has been, the subject of a control order or registered corresponding control order— state the details of the order; or be accompanied by a copy of the order. For subsection (1) , the commissioner may not have regard to criminal intelligence in deciding whether a person is, or continues to be, a fit and proper person to hold a licence or permit under this Act. In this section— permit does not include an adult entertainment permit. s 107 amd 1999 No. 54 s 4 ; 1999 No. 73 s 151 ; 2001 No. 39 s 3 sch ; 2008 No. 48 s 59 (2) sch 2 ; 2012 No. 25 ss 126 , 144 (1) ; 2013 No. 64 s 94 ; 2016 No. 62 s 183 (sec.107-ssec.1) The commissioner may grant an application for a licence or permit only if the commissioner is satisfied that the applicant is not a disqualified person and is a fit and proper person to hold the licence or permit applied for having regard to— whether the applicant demonstrates knowledge and understanding of the obligations of a licensee or permittee of the relevant kind under this Act; and whether the applicant is a person of good repute who does not have a history of behaviour that would render the applicant unsuitable to hold the licence or permit applied for; and whether the applicant demonstrates a responsible attitude to the management and discharge of the applicant’s financial obligations; and whether the applicant has been convicted of a prescribed offence; and if the applicant is, or has been, the subject of a control order or registered corresponding control order—the terms of the order. (sec.107-ssec.2) If the applicant is a corporation, or the commissioner knows, or suspects on reasonable grounds, that the applicant would hold any licence or permit granted on behalf of an unincorporated association or partnership, the commissioner must discharge the responsibility under subsection (1) by applying the subsection to— each executive officer of the corporation; or each person who is an executive officer of the association or a member of the partnership of whom the commissioner has knowledge; as if each such person were the applicant. (sec.107-ssec.4) Subject to section 123 , the commissioner may grant an application only if the premises to which it relates are, in the commissioner’s opinion, suitable for conduct of business under authority of the licence or permit applied for. (sec.107-ssec.5) The commissioner may obtain— a report from the police commissioner in relation to the criminal history of— an applicant for a licence or permit; and each person to whom subsection (1) applies as if the person were the applicant; and if the applicant or person holds or previously held in another State or a Territory a relevant licence, permit, authority, interest or position—a report from the appropriate authority in the State or Territory. (sec.107-ssec.6) A report under subsection (5) (a) must— include reference to or disclosure of convictions of the applicant or person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ; and if the applicant or person is, or has been, the subject of a control order or registered corresponding control order— state the details of the order; or be accompanied by a copy of the order. (sec.107-ssec.7) For subsection (1) , the commissioner may not have regard to criminal intelligence in deciding whether a person is, or continues to be, a fit and proper person to hold a licence or permit under this Act. (sec.107-ssec.8) In this section— permit does not include an adult entertainment permit. - (a) whether the applicant demonstrates knowledge and understanding of the obligations of a licensee or permittee of the relevant kind under this Act; and - (b) whether the applicant is a person of good repute who does not have a history of behaviour that would render the applicant unsuitable to hold the licence or permit applied for; and - (c) whether the applicant demonstrates a responsible attitude to the management and discharge of the applicant’s financial obligations; and - (d) whether the applicant has been convicted of a prescribed offence; and - (e) if the applicant is, or has been, the subject of a control order or registered corresponding control order—the terms of the order. - (a) each executive officer of the corporation; or - (b) each person who is an executive officer of the association or a member of the partnership of whom the commissioner has knowledge; - (a) a report from the police commissioner in relation to the criminal history of— (i) an applicant for a licence or permit; and (ii) each person to whom subsection (1) applies as if the person were the applicant; and - (i) an applicant for a licence or permit; and - (ii) each person to whom subsection (1) applies as if the person were the applicant; and - (b) if the applicant or person holds or previously held in another State or a Territory a relevant licence, permit, authority, interest or position—a report from the appropriate authority in the State or Territory. - (i) an applicant for a licence or permit; and - (ii) each person to whom subsection (1) applies as if the person were the applicant; and - (a) include reference to or disclosure of convictions of the applicant or person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ; and - (b) if the applicant or person is, or has been, the subject of a control order or registered corresponding control order— (i) state the details of the order; or (ii) be accompanied by a copy of the order. - (i) state the details of the order; or - (ii) be accompanied by a copy of the order. - (i) state the details of the order; or - (ii) be accompanied by a copy of the order.