sec.123Commissioner may grant provisional licence

### sec.123 Commissioner may grant provisional licence This section applies if— the commissioner assesses an application for a licence, including, for example, the principal activity of a business to be conducted under the proposed licence and the requirements of sections 107 and 107A in relation to the application; and a development approval has been given for the use of the land on which the proposed premises will be situated for licensed premises; and the commissioner would grant the application if a building or structure forming part of the proposed premises— were completed under the law relating to carrying out building work; or were approved or certified as required by law for use as licensed premises and, if the case requires it, for conduct in the premises of a business for which the licence was sought. The commissioner may grant the application provisionally and issue a provisional licence subject to a condition that the applicant produces evidence of the completion of the building work or approval or certification as required by law, as mentioned in subsection (1) (c) . The provisional licence must state— the evidence the applicant is required to produce; and that if the applicant produces the stated evidence to the satisfaction of the commissioner within the relevant period for the development approval, the applicant is entitled to a stated licence; and that if the applicant does not produce the stated evidence within the relevant period, the applicant’s provisional licence will be cancelled. s 123 amd 1994 No. 59 s 3 sch 2 sub 2001 No. 39 s 77 amd 2003 No. 60 s 10 ; 2005 No. 61 s 19 ; 2008 No. 48 s 59 (1) sch 1 ; 2009 No. 36 s 872 sch 2 ; 2012 No. 25 s 144 ; 2016 No. 27 s 309 ; 2019 No. 11 s 129 (sec.123-ssec.1) This section applies if— the commissioner assesses an application for a licence, including, for example, the principal activity of a business to be conducted under the proposed licence and the requirements of sections 107 and 107A in relation to the application; and a development approval has been given for the use of the land on which the proposed premises will be situated for licensed premises; and the commissioner would grant the application if a building or structure forming part of the proposed premises— were completed under the law relating to carrying out building work; or were approved or certified as required by law for use as licensed premises and, if the case requires it, for conduct in the premises of a business for which the licence was sought. (sec.123-ssec.2) The commissioner may grant the application provisionally and issue a provisional licence subject to a condition that the applicant produces evidence of the completion of the building work or approval or certification as required by law, as mentioned in subsection (1) (c) . (sec.123-ssec.3) The provisional licence must state— the evidence the applicant is required to produce; and that if the applicant produces the stated evidence to the satisfaction of the commissioner within the relevant period for the development approval, the applicant is entitled to a stated licence; and that if the applicant does not produce the stated evidence within the relevant period, the applicant’s provisional licence will be cancelled. - (a) the commissioner assesses an application for a licence, including, for example, the principal activity of a business to be conducted under the proposed licence and the requirements of sections 107 and 107A in relation to the application; and - (b) a development approval has been given for the use of the land on which the proposed premises will be situated for licensed premises; and - (c) the commissioner would grant the application if a building or structure forming part of the proposed premises— (i) were completed under the law relating to carrying out building work; or (ii) were approved or certified as required by law for use as licensed premises and, if the case requires it, for conduct in the premises of a business for which the licence was sought. - (i) were completed under the law relating to carrying out building work; or - (ii) were approved or certified as required by law for use as licensed premises and, if the case requires it, for conduct in the premises of a business for which the licence was sought. - (i) were completed under the law relating to carrying out building work; or - (ii) were approved or certified as required by law for use as licensed premises and, if the case requires it, for conduct in the premises of a business for which the licence was sought. - (a) the evidence the applicant is required to produce; and - (b) that if the applicant produces the stated evidence to the satisfaction of the commissioner within the relevant period for the development approval, the applicant is entitled to a stated licence; and - (c) that if the applicant does not produce the stated evidence within the relevant period, the applicant’s provisional licence will be cancelled.