sec.118Advertisement of applications

### sec.118 Advertisement of applications An application for the following must be advertised under this section— a licence or variation of a licence, other than— an application for a subsidiary on-premises licence (meals); or an approval of a detached bottle shop; a subsidiary on-premises licence (meals) for premises if— the commissioner gives the applicant a notice under section 118AA ; or the applicant has also applied for an extended trading hours approval for the premises that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m.; an approval of a detached bottle shop, if— the commissioner gives the applicant a notice under section 118AA ; or the detached bottle shop will, if the application is approved, be open for business after 10p.m.; an extended trading hours approval or variation of an extended trading hours approval; an adult entertainment permit, other than a one-off permit or subsequent permit; another application that the commissioner requires, by written notice to the applicant, to be advertised. If an application must be advertised, the applicant must— display a copy of the notice on a sign the dimensions of which (including dimensions of the print) are approved by the commissioner, generally or in a particular case; and ensure the copy is displayed conspicuously for 28 days immediately before the last day for making submissions about the reasonable requirements of the public in the locality or filing objections to the application. For subsection (2) (a) , the sign must be displayed— if the land on which the premises to which the application relates has only 1 road frontage—conspicuously, on the front alignment of the land or on the premises, at street level and in a way that ensures it is clearly visible to the passing public; and if the land on which the premises to which the application relates has more than 1 road frontage—conspicuously, on the land or on the premises, at street level and in a way that ensures it is clearly visible to the passing public on each road frontage. The commissioner may— waive or vary the publication and display requirements for an application if the commissioner is satisfied that publication and display under subsection (2) is not necessary because of the remote location of the premises or other special circumstances; or vary the display requirements for an application, including by requiring the applicant to comply with other requirements, if the commissioner is satisfied that display under subsection (2) is not appropriate having regard to the specific nature of the location. Subject to subsection (6) , the applicant must give to the commissioner evidence of satisfying the publication and display requirements under subsection (2) or (4) . The commissioner may approve publication and display that— substantially complies with subsection (2) ; or has already taken place for another purpose and substantially complies with subsection (2) . In deciding whether to require an application for an adult entertainment permit to be advertised, that is an application for a one-off permit or subsequent permit, the commissioner must have regard to— for a one-off permit—whether the frequency, location, size or timing of the adult entertainment may cause some community concern; and for a subsequent permit—whether a previous adult entertainment permit exists or has lapsed or whether there are specific problems relating to the locality of the licensed premises, including, for example, the use of the premises for adult entertainment, or the behaviour of persons entering or leaving the premises, may cause undue annoyance or disturbance to persons living or working or doing business in the neighbourhood of the premises. If an application mentioned in subsection (1) is made, the commissioner must publish notice of the application on the department’s website. In this section— one-off permit means an adult entertainment permit for a term of less than 4 days. subsequent permit means an adult entertainment permit relating to a person for premises if the person was, within the preceding 6 months of the date of the application for the subsequent permit, previously the holder of an adult entertainment permit for the premises, other than a one-off permit. s 118 sub 1994 No. 59 s 42 amd 2001 No. 39 s 73 ; 2005 No. 61 s 16 ; 2008 No. 48 s 59 (1) sch 1 ; 2010 No. 51 s 35 ; 2012 No. 25 s 144 (1) ; 2013 No. 25 s 139 ; 2014 No. 42 s 55 (sec.118-ssec.1) An application for the following must be advertised under this section— a licence or variation of a licence, other than— an application for a subsidiary on-premises licence (meals); or an approval of a detached bottle shop; a subsidiary on-premises licence (meals) for premises if— the commissioner gives the applicant a notice under section 118AA ; or the applicant has also applied for an extended trading hours approval for the premises that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m.; an approval of a detached bottle shop, if— the commissioner gives the applicant a notice under section 118AA ; or the detached bottle shop will, if the application is approved, be open for business after 10p.m.; an extended trading hours approval or variation of an extended trading hours approval; an adult entertainment permit, other than a one-off permit or subsequent permit; another application that the commissioner requires, by written notice to the applicant, to be advertised. (sec.118-ssec.2) If an application must be advertised, the applicant must— display a copy of the notice on a sign the dimensions of which (including dimensions of the print) are approved by the commissioner, generally or in a particular case; and ensure the copy is displayed conspicuously for 28 days immediately before the last day for making submissions about the reasonable requirements of the public in the locality or filing objections to the application. (sec.118-ssec.3) For subsection (2) (a) , the sign must be displayed— if the land on which the premises to which the application relates has only 1 road frontage—conspicuously, on the front alignment of the land or on the premises, at street level and in a way that ensures it is clearly visible to the passing public; and if the land on which the premises to which the application relates has more than 1 road frontage—conspicuously, on the land or on the premises, at street level and in a way that ensures it is clearly visible to the passing public on each road frontage. (sec.118-ssec.4) The commissioner may— waive or vary the publication and display requirements for an application if the commissioner is satisfied that publication and display under subsection (2) is not necessary because of the remote location of the premises or other special circumstances; or vary the display requirements for an application, including by requiring the applicant to comply with other requirements, if the commissioner is satisfied that display under subsection (2) is not appropriate having regard to the specific nature of the location. (sec.118-ssec.5) Subject to subsection (6) , the applicant must give to the commissioner evidence of satisfying the publication and display requirements under subsection (2) or (4) . (sec.118-ssec.6) The commissioner may approve publication and display that— substantially complies with subsection (2) ; or has already taken place for another purpose and substantially complies with subsection (2) . (sec.118-ssec.7) In deciding whether to require an application for an adult entertainment permit to be advertised, that is an application for a one-off permit or subsequent permit, the commissioner must have regard to— for a one-off permit—whether the frequency, location, size or timing of the adult entertainment may cause some community concern; and for a subsequent permit—whether a previous adult entertainment permit exists or has lapsed or whether there are specific problems relating to the locality of the licensed premises, including, for example, the use of the premises for adult entertainment, or the behaviour of persons entering or leaving the premises, may cause undue annoyance or disturbance to persons living or working or doing business in the neighbourhood of the premises. (sec.118-ssec.8) If an application mentioned in subsection (1) is made, the commissioner must publish notice of the application on the department’s website. (sec.118-ssec.9) In this section— one-off permit means an adult entertainment permit for a term of less than 4 days. subsequent permit means an adult entertainment permit relating to a person for premises if the person was, within the preceding 6 months of the date of the application for the subsequent permit, previously the holder of an adult entertainment permit for the premises, other than a one-off permit. - (a) a licence or variation of a licence, other than— (i) an application for a subsidiary on-premises licence (meals); or (ii) an approval of a detached bottle shop; - (i) an application for a subsidiary on-premises licence (meals); or - (ii) an approval of a detached bottle shop; - (b) a subsidiary on-premises licence (meals) for premises if— (i) the commissioner gives the applicant a notice under section 118AA ; or (ii) the applicant has also applied for an extended trading hours approval for the premises that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m.; - (i) the commissioner gives the applicant a notice under section 118AA ; or - (ii) the applicant has also applied for an extended trading hours approval for the premises that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m.; - (c) an approval of a detached bottle shop, if— (i) the commissioner gives the applicant a notice under section 118AA ; or (ii) the detached bottle shop will, if the application is approved, be open for business after 10p.m.; - (i) the commissioner gives the applicant a notice under section 118AA ; or - (ii) the detached bottle shop will, if the application is approved, be open for business after 10p.m.; - (d) an extended trading hours approval or variation of an extended trading hours approval; - (e) an adult entertainment permit, other than a one-off permit or subsequent permit; - (f) another application that the commissioner requires, by written notice to the applicant, to be advertised. - (i) an application for a subsidiary on-premises licence (meals); or - (ii) an approval of a detached bottle shop; - (i) the commissioner gives the applicant a notice under section 118AA ; or - (ii) the applicant has also applied for an extended trading hours approval for the premises that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m.; - (i) the commissioner gives the applicant a notice under section 118AA ; or - (ii) the detached bottle shop will, if the application is approved, be open for business after 10p.m.; - (a) display a copy of the notice on a sign the dimensions of which (including dimensions of the print) are approved by the commissioner, generally or in a particular case; and - (b) ensure the copy is displayed conspicuously for 28 days immediately before the last day for making submissions about the reasonable requirements of the public in the locality or filing objections to the application. - (a) if the land on which the premises to which the application relates has only 1 road frontage—conspicuously, on the front alignment of the land or on the premises, at street level and in a way that ensures it is clearly visible to the passing public; and - (b) if the land on which the premises to which the application relates has more than 1 road frontage—conspicuously, on the land or on the premises, at street level and in a way that ensures it is clearly visible to the passing public on each road frontage. - (a) waive or vary the publication and display requirements for an application if the commissioner is satisfied that publication and display under subsection (2) is not necessary because of the remote location of the premises or other special circumstances; or - (b) vary the display requirements for an application, including by requiring the applicant to comply with other requirements, if the commissioner is satisfied that display under subsection (2) is not appropriate having regard to the specific nature of the location. - (a) substantially complies with subsection (2) ; or - (b) has already taken place for another purpose and substantially complies with subsection (2) . - (a) for a one-off permit—whether the frequency, location, size or timing of the adult entertainment may cause some community concern; and - (b) for a subsequent permit—whether a previous adult entertainment permit exists or has lapsed or whether there are specific problems relating to the locality of the licensed premises, including, for example, the use of the premises for adult entertainment, or the behaviour of persons entering or leaving the premises, may cause undue annoyance or disturbance to persons living or working or doing business in the neighbourhood of the premises.