sec.129Applications to continue trading in certain circumstances

### sec.129 Applications to continue trading in certain circumstances The following persons may apply to the commissioner to conduct the business of a licensee on licensed premises— if a licensee is dead—a person entitled to be appointed as the legal personal representative of the deceased licensee; if the licensee is bankrupt or has taken advantage of the laws of bankruptcy—a person in possession of the licensed premises who is entitled to administer the affairs of the licensee; if the licensee is a corporation—a person in possession of the licensed premises who has been appointed to manage or wind up the affairs of the licensee; a guardian of a licensee or an administrator or manager of the estate of a licensee. If any of the following circumstances happen in relation to a licence or licensed premises, the owner or mortgagee of the licensed premises, or the owner of a financial interest in the trading of the licensed premises, may also apply to the commissioner to conduct the business of the licensee on the licensed premises— a licensee ceasing to conduct business on the premises under authority of the licence; the lessee or sublessee of the right to sell liquor ceasing to conduct business on the premises under authority of the licence; a licensee who holds the licence as a member of a partnership ceasing to be a member of the partnership; the commissioner has ordered cancellation of the licence but the order has not taken effect. If the application is made in circumstances mentioned in subsection (2) (d) , the order for cancellation is stayed until the application is disposed of by the commissioner. Also, each of the following persons may apply to the commissioner to conduct the business of a community club licence if the person is in possession of the licensed premises and the application states, in detail, the way in which the person will continue trading under the community club licence for the benefit of the club— an owner or mortgagee of the licensed premises who has, under section 44A (2) , given the commissioner particulars of the person’s interest in the licence; an owner of a financial interest in the trading of the licensed premises who has, under section 44A (2) , given the commissioner particulars of the person’s interest in the licence. Despite subsections (1) , (2) and (4) , a person may apply to the commissioner under this section only if the person is a person who may make an application under section 106 . s 129 sub 1994 No. 59 s 44 amd 2001 No. 39 s 80 ; 2009 No. 41 s 78 ; 2012 No. 25 s 144 (1) ; 2013 No. 64 s 97 ; 2016 No. 62 s 186 (sec.129-ssec.1) The following persons may apply to the commissioner to conduct the business of a licensee on licensed premises— if a licensee is dead—a person entitled to be appointed as the legal personal representative of the deceased licensee; if the licensee is bankrupt or has taken advantage of the laws of bankruptcy—a person in possession of the licensed premises who is entitled to administer the affairs of the licensee; if the licensee is a corporation—a person in possession of the licensed premises who has been appointed to manage or wind up the affairs of the licensee; a guardian of a licensee or an administrator or manager of the estate of a licensee. (sec.129-ssec.2) If any of the following circumstances happen in relation to a licence or licensed premises, the owner or mortgagee of the licensed premises, or the owner of a financial interest in the trading of the licensed premises, may also apply to the commissioner to conduct the business of the licensee on the licensed premises— a licensee ceasing to conduct business on the premises under authority of the licence; the lessee or sublessee of the right to sell liquor ceasing to conduct business on the premises under authority of the licence; a licensee who holds the licence as a member of a partnership ceasing to be a member of the partnership; the commissioner has ordered cancellation of the licence but the order has not taken effect. (sec.129-ssec.3) If the application is made in circumstances mentioned in subsection (2) (d) , the order for cancellation is stayed until the application is disposed of by the commissioner. (sec.129-ssec.4) Also, each of the following persons may apply to the commissioner to conduct the business of a community club licence if the person is in possession of the licensed premises and the application states, in detail, the way in which the person will continue trading under the community club licence for the benefit of the club— an owner or mortgagee of the licensed premises who has, under section 44A (2) , given the commissioner particulars of the person’s interest in the licence; an owner of a financial interest in the trading of the licensed premises who has, under section 44A (2) , given the commissioner particulars of the person’s interest in the licence. (sec.129-ssec.5) Despite subsections (1) , (2) and (4) , a person may apply to the commissioner under this section only if the person is a person who may make an application under section 106 . - (a) if a licensee is dead—a person entitled to be appointed as the legal personal representative of the deceased licensee; - (b) if the licensee is bankrupt or has taken advantage of the laws of bankruptcy—a person in possession of the licensed premises who is entitled to administer the affairs of the licensee; - (c) if the licensee is a corporation—a person in possession of the licensed premises who has been appointed to manage or wind up the affairs of the licensee; - (d) a guardian of a licensee or an administrator or manager of the estate of a licensee. - (a) a licensee ceasing to conduct business on the premises under authority of the licence; - (b) the lessee or sublessee of the right to sell liquor ceasing to conduct business on the premises under authority of the licence; - (c) a licensee who holds the licence as a member of a partnership ceasing to be a member of the partnership; - (d) the commissioner has ordered cancellation of the licence but the order has not taken effect. - (a) an owner or mortgagee of the licensed premises who has, under section 44A (2) , given the commissioner particulars of the person’s interest in the licence; - (b) an owner of a financial interest in the trading of the licensed premises who has, under section 44A (2) , given the commissioner particulars of the person’s interest in the licence.