sec.133Request to surrender

### sec.133 Request to surrender An appropriate person may request the commissioner to accept a surrender of the licence. A permittee may, by writing given to the commissioner, surrender the permit at any time. A request under subsection (1) — must be made in writing by the appropriate person; and must be accompanied or supported by— the consent of all mortgagees or lessees of the licensed premises, or part of the licensed premises, who have given the commissioner particulars under section 44A ; and enough information to enable the commissioner to decide the request, including the information prescribed under a regulation for this subparagraph; and in the case of surrender of a licence held by a club—must be accompanied by a copy of a minute (certified as correct by the licensee) that evidences adoption by the club of a resolution for surrender of the licence. Despite subsection (3) (b) (i) , the request need not be accompanied or supported by a consent mentioned in that subparagraph if, after making reasonable efforts, the appropriate person can not obtain the consent. If subsection (3A) applies to a request under subsection (1) , the commissioner must as soon as practicable give written notice of the request to each owner, mortgagee or lessee of the licensed premises, or part of the licensed premises, under the licence who— holds an interest in the licence; and has given the commissioner particulars about the interest under section 44A . However, subsection (3B) does not require the commissioner to give the notice to— the appropriate person who made the request; or a person whose consent accompanied or supported the request. The commissioner must cause written notice of a request made by an appropriate person under subsection (1) to be given to each secured creditor of the appropriate person— whose interest as creditor is registered with the commissioner; and whose interest as creditor is likely to be affected by surrender of the licence; and whose written consent to surrender of the licence does not accompany the request. A person given notice under subsection (3B) or (4) who wishes to oppose the surrender requested is entitled to furnish, within 14 days after receiving the notice, a submission to the commissioner specifying the grounds of opposition. If a surrender is accepted, the licence continues in force until a day fixed by the commissioner for its termination, by written notice given to the licensee. Surrender of a licence or permit does not affect any liability incurred by the licensee or permittee before the surrender takes effect. In this section— appropriate person , in relation to the surrender of a licence, means— the licensee, if the licensee is sole owner of the licensed premises; or the owner, lessee or mortgagee of the licensed premises, if any of the following apply— the licensee has been lawfully evicted from, or has abandoned, the licensed premises; the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; the licensee has ceased to conduct business in the licensed premises and has not agreed to the request; or the licensee and the owner of the licensed premises, if paragraph (a) or (b) does not apply. s 133 amd 1994 No. 59 s 3 sch 1 ; 2001 No. 39 s 83 ; 2002 No. 13 s 55 ; 2005 No. 61 s 24 ; 2012 No. 25 s 144 (1) (sec.133-ssec.1) An appropriate person may request the commissioner to accept a surrender of the licence. (sec.133-ssec.2) A permittee may, by writing given to the commissioner, surrender the permit at any time. (sec.133-ssec.3) A request under subsection (1) — must be made in writing by the appropriate person; and must be accompanied or supported by— the consent of all mortgagees or lessees of the licensed premises, or part of the licensed premises, who have given the commissioner particulars under section 44A ; and enough information to enable the commissioner to decide the request, including the information prescribed under a regulation for this subparagraph; and in the case of surrender of a licence held by a club—must be accompanied by a copy of a minute (certified as correct by the licensee) that evidences adoption by the club of a resolution for surrender of the licence. (sec.133-ssec.3A) Despite subsection (3) (b) (i) , the request need not be accompanied or supported by a consent mentioned in that subparagraph if, after making reasonable efforts, the appropriate person can not obtain the consent. (sec.133-ssec.3B) If subsection (3A) applies to a request under subsection (1) , the commissioner must as soon as practicable give written notice of the request to each owner, mortgagee or lessee of the licensed premises, or part of the licensed premises, under the licence who— holds an interest in the licence; and has given the commissioner particulars about the interest under section 44A . (sec.133-ssec.3C) However, subsection (3B) does not require the commissioner to give the notice to— the appropriate person who made the request; or a person whose consent accompanied or supported the request. (sec.133-ssec.4) The commissioner must cause written notice of a request made by an appropriate person under subsection (1) to be given to each secured creditor of the appropriate person— whose interest as creditor is registered with the commissioner; and whose interest as creditor is likely to be affected by surrender of the licence; and whose written consent to surrender of the licence does not accompany the request. (sec.133-ssec.5) A person given notice under subsection (3B) or (4) who wishes to oppose the surrender requested is entitled to furnish, within 14 days after receiving the notice, a submission to the commissioner specifying the grounds of opposition. (sec.133-ssec.6) If a surrender is accepted, the licence continues in force until a day fixed by the commissioner for its termination, by written notice given to the licensee. (sec.133-ssec.7) Surrender of a licence or permit does not affect any liability incurred by the licensee or permittee before the surrender takes effect. (sec.133-ssec.8) In this section— appropriate person , in relation to the surrender of a licence, means— the licensee, if the licensee is sole owner of the licensed premises; or the owner, lessee or mortgagee of the licensed premises, if any of the following apply— the licensee has been lawfully evicted from, or has abandoned, the licensed premises; the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; the licensee has ceased to conduct business in the licensed premises and has not agreed to the request; or the licensee and the owner of the licensed premises, if paragraph (a) or (b) does not apply. - (a) must be made in writing by the appropriate person; and - (b) must be accompanied or supported by— (i) the consent of all mortgagees or lessees of the licensed premises, or part of the licensed premises, who have given the commissioner particulars under section 44A ; and (ii) enough information to enable the commissioner to decide the request, including the information prescribed under a regulation for this subparagraph; and - (i) the consent of all mortgagees or lessees of the licensed premises, or part of the licensed premises, who have given the commissioner particulars under section 44A ; and - (ii) enough information to enable the commissioner to decide the request, including the information prescribed under a regulation for this subparagraph; and - (c) in the case of surrender of a licence held by a club—must be accompanied by a copy of a minute (certified as correct by the licensee) that evidences adoption by the club of a resolution for surrender of the licence. - (i) the consent of all mortgagees or lessees of the licensed premises, or part of the licensed premises, who have given the commissioner particulars under section 44A ; and - (ii) enough information to enable the commissioner to decide the request, including the information prescribed under a regulation for this subparagraph; and - (a) holds an interest in the licence; and - (b) has given the commissioner particulars about the interest under section 44A . - (a) the appropriate person who made the request; or - (b) a person whose consent accompanied or supported the request. - (a) whose interest as creditor is registered with the commissioner; and - (b) whose interest as creditor is likely to be affected by surrender of the licence; and - (c) whose written consent to surrender of the licence does not accompany the request. - (a) the licensee, if the licensee is sole owner of the licensed premises; or - (b) the owner, lessee or mortgagee of the licensed premises, if any of the following apply— (i) the licensee has been lawfully evicted from, or has abandoned, the licensed premises; (ii) the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; (iii) the licensee has ceased to conduct business in the licensed premises and has not agreed to the request; or - (i) the licensee has been lawfully evicted from, or has abandoned, the licensed premises; - (ii) the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; - (iii) the licensee has ceased to conduct business in the licensed premises and has not agreed to the request; or - (c) the licensee and the owner of the licensed premises, if paragraph (a) or (b) does not apply. - (i) the licensee has been lawfully evicted from, or has abandoned, the licensed premises; - (ii) the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; - (iii) the licensee has ceased to conduct business in the licensed premises and has not agreed to the request; or