sec.116When community impact statement to be given to commissioner

### sec.116 When community impact statement to be given to commissioner The following applications must be accompanied by a statement complying with subsections (8) and (9) (a community impact statement )— an application for a licence, other than a community other licence; an application, under section 111 , by a licensee for a variation of the licence; an application for an extended trading hours approval mentioned in section 86 (1) . However, the commissioner may waive the requirement for a community impact statement if— any of the following apply— the application does not involve a significant change to the licensed premises or the nature or extent of the business carried on from the licensed premises; the premises are in a remote location; the purpose of the community impact statement has been, or can be, achieved by other means; other special circumstances exist; and because of a matter mentioned in paragraph (a) , the commissioner is satisfied the statement is not necessary. Also, without limiting subsection (2) , the commissioner may waive the requirement for a community impact statement for an application for a subsidiary on-premises licence (meals) if— the proposed licensed premises are located in a commercial complex; and the grant of the licence will not include the grant of an extended trading hours approval for trading between 12a.m. and 1a.m.; and the commissioner is satisfied— the grant of the licence will not adversely affect the amenity of the community; and amplified entertainment, including, for example, amplified music, will not be provided at the premises. Subsection (5) applies to the following applications— an application for a community other licence; an application for a commercial public event permit or community liquor permit. If the commissioner reasonably believes granting the application may be inconsistent with the main purpose of this Act mentioned in section 3 (a) , the commissioner may, by written notice given to the applicant, require the applicant to give the commissioner a community impact statement in relation to the application within 60 days after the giving of the notice. The applicant is taken to have withdrawn the application if, within the time stated in subsection (5) , the applicant does not comply with the requirement under subsection (5) . The purpose of a community impact statement is to help the commissioner assess the impact on the community concerned if the application were granted, having regard to the main purpose of this Act mentioned in section 3 (a) . A community impact statement must address the following— the existing and projected population and demographic trends in the locality; the number of persons residing in, resorting to or passing through the locality, and their respective expectations; the likely health and social impacts that granting the application would have on the population of the locality; an assessment of the magnitude, duration and probability of the occurrence of the health and social impacts; the proximity of the proposed licensed premises or proposed premises to which the permit is to relate to identified sub-communities within the locality, including, for example, schools and places of worship, and the likely impact on those sub-communities. In preparing a community impact statement, the applicant must have regard to relevant guidelines issued by the commissioner. s 116 sub 1994 No. 59 s 42 amd 2001 No. 39 ss 72 , 107 ; 2002 No. 47 s 56 ; 2005 No. 61 s 14 sub 2008 No. 48 s 17 amd 2010 No. 51 s 34 ; 2012 No. 25 ss 129 , 144 (1) ; 2013 No. 25 s 137 ; 2014 No. 42 s 53 (sec.116-ssec.1) The following applications must be accompanied by a statement complying with subsections (8) and (9) (a community impact statement )— an application for a licence, other than a community other licence; an application, under section 111 , by a licensee for a variation of the licence; an application for an extended trading hours approval mentioned in section 86 (1) . (sec.116-ssec.2) However, the commissioner may waive the requirement for a community impact statement if— any of the following apply— the application does not involve a significant change to the licensed premises or the nature or extent of the business carried on from the licensed premises; the premises are in a remote location; the purpose of the community impact statement has been, or can be, achieved by other means; other special circumstances exist; and because of a matter mentioned in paragraph (a) , the commissioner is satisfied the statement is not necessary. (sec.116-ssec.3) Also, without limiting subsection (2) , the commissioner may waive the requirement for a community impact statement for an application for a subsidiary on-premises licence (meals) if— the proposed licensed premises are located in a commercial complex; and the grant of the licence will not include the grant of an extended trading hours approval for trading between 12a.m. and 1a.m.; and the commissioner is satisfied— the grant of the licence will not adversely affect the amenity of the community; and amplified entertainment, including, for example, amplified music, will not be provided at the premises. (sec.116-ssec.4) Subsection (5) applies to the following applications— an application for a community other licence; an application for a commercial public event permit or community liquor permit. (sec.116-ssec.5) If the commissioner reasonably believes granting the application may be inconsistent with the main purpose of this Act mentioned in section 3 (a) , the commissioner may, by written notice given to the applicant, require the applicant to give the commissioner a community impact statement in relation to the application within 60 days after the giving of the notice. (sec.116-ssec.6) The applicant is taken to have withdrawn the application if, within the time stated in subsection (5) , the applicant does not comply with the requirement under subsection (5) . (sec.116-ssec.7) The purpose of a community impact statement is to help the commissioner assess the impact on the community concerned if the application were granted, having regard to the main purpose of this Act mentioned in section 3 (a) . (sec.116-ssec.8) A community impact statement must address the following— the existing and projected population and demographic trends in the locality; the number of persons residing in, resorting to or passing through the locality, and their respective expectations; the likely health and social impacts that granting the application would have on the population of the locality; an assessment of the magnitude, duration and probability of the occurrence of the health and social impacts; the proximity of the proposed licensed premises or proposed premises to which the permit is to relate to identified sub-communities within the locality, including, for example, schools and places of worship, and the likely impact on those sub-communities. (sec.116-ssec.9) In preparing a community impact statement, the applicant must have regard to relevant guidelines issued by the commissioner. - (a) an application for a licence, other than a community other licence; - (b) an application, under section 111 , by a licensee for a variation of the licence; - (c) an application for an extended trading hours approval mentioned in section 86 (1) . - (a) any of the following apply— (i) the application does not involve a significant change to the licensed premises or the nature or extent of the business carried on from the licensed premises; (ii) the premises are in a remote location; (iii) the purpose of the community impact statement has been, or can be, achieved by other means; (iv) other special circumstances exist; and - (i) the application does not involve a significant change to the licensed premises or the nature or extent of the business carried on from the licensed premises; - (ii) the premises are in a remote location; - (iii) the purpose of the community impact statement has been, or can be, achieved by other means; - (iv) other special circumstances exist; and - (b) because of a matter mentioned in paragraph (a) , the commissioner is satisfied the statement is not necessary. - (i) the application does not involve a significant change to the licensed premises or the nature or extent of the business carried on from the licensed premises; - (ii) the premises are in a remote location; - (iii) the purpose of the community impact statement has been, or can be, achieved by other means; - (iv) other special circumstances exist; and - (a) the proposed licensed premises are located in a commercial complex; and - (b) the grant of the licence will not include the grant of an extended trading hours approval for trading between 12a.m. and 1a.m.; and - (c) the commissioner is satisfied— (i) the grant of the licence will not adversely affect the amenity of the community; and (ii) amplified entertainment, including, for example, amplified music, will not be provided at the premises. - (i) the grant of the licence will not adversely affect the amenity of the community; and - (ii) amplified entertainment, including, for example, amplified music, will not be provided at the premises. - (i) the grant of the licence will not adversely affect the amenity of the community; and - (ii) amplified entertainment, including, for example, amplified music, will not be provided at the premises. - (a) an application for a community other licence; - (b) an application for a commercial public event permit or community liquor permit. - (a) the existing and projected population and demographic trends in the locality; - (b) the number of persons residing in, resorting to or passing through the locality, and their respective expectations; - (c) the likely health and social impacts that granting the application would have on the population of the locality; - (d) an assessment of the magnitude, duration and probability of the occurrence of the health and social impacts; - (e) the proximity of the proposed licensed premises or proposed premises to which the permit is to relate to identified sub-communities within the locality, including, for example, schools and places of worship, and the likely impact on those sub-communities.