QLDIn ForceAct
Liquor Act 1992
sec.123ACommissioner may grant authority to trade for staged development
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### sec.123A Commissioner may grant authority to trade for staged development
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
the construction or alteration of the proposed premises is to be completed in stages and 1 or more of the stages has been completed; and
the business to be conducted in a completed stage meets the principal activity under the proposed licence and has been 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; and
the commissioner would grant the application if all the stages of the construction or alteration of the premises were completed.
The commissioner may grant the application provisionally and issue an approval (a staged development approval ) subject to a condition that the applicant produces evidence of the completion of the remaining stages of the construction or alteration of the premises.
The staged development approval must state—
the evidence the applicant is required to produce before the application for the licence will be granted; and
the part of the premises in which the applicant is authorised to operate the business the subject of the application until the licence is granted; and
that if the applicant produces the stated evidence within a stated reasonable time, not more than 2 years, the applicant is entitled to a stated licence.
s 123A ins 2001 No. 39 s 77
amd 2003 No. 60 s 11 ; 2005 No. 61 s 20 ; 2008 No. 48 s 59 (1) sch 1 ; 2012 No. 25 s 144
(sec.123A-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 the construction or alteration of the proposed premises is to be completed in stages and 1 or more of the stages has been completed; and the business to be conducted in a completed stage meets the principal activity under the proposed licence and has been 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; and the commissioner would grant the application if all the stages of the construction or alteration of the premises were completed.
(sec.123A-ssec.2) The commissioner may grant the application provisionally and issue an approval (a staged development approval ) subject to a condition that the applicant produces evidence of the completion of the remaining stages of the construction or alteration of the premises.
(sec.123A-ssec.3) The staged development approval must state— the evidence the applicant is required to produce before the application for the licence will be granted; and the part of the premises in which the applicant is authorised to operate the business the subject of the application until the licence is granted; and that if the applicant produces the stated evidence within a stated reasonable time, not more than 2 years, the applicant is entitled to a stated licence.
- (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) the construction or alteration of the proposed premises is to be completed in stages and 1 or more of the stages has been completed; and
- (c) the business to be conducted in a completed stage meets the principal activity under the proposed licence and has been 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; and
- (d) the commissioner would grant the application if all the stages of the construction or alteration of the premises were completed.
- (a) the evidence the applicant is required to produce before the application for the licence will be granted; and
- (b) the part of the premises in which the applicant is authorised to operate the business the subject of the application until the licence is granted; and
- (c) that if the applicant produces the stated evidence within a stated reasonable time, not more than 2 years, the applicant is entitled to a stated licence.