sec.134Cancellation, suspension or variation of permits

### sec.134 Cancellation, suspension or variation of permits The commissioner may, on the commissioner’s own initiative, cancel, suspend or vary a permit if the commissioner is satisfied that— the permittee has contravened— this Act or a racing offence provision; or a condition stated in the permit; or an order of the commissioner or a requisition of an investigator; or the use of the premises in relation to which the permit is held has caused, or is causing, an adverse effect on the amenity of the area in which the premises are located; or the permittee is not, or is no longer, a fit and proper person to hold the permit. Also, the commissioner may vary a permit that relates to premises in a restricted area to make the conditions of the permit consistent with the conditions of licences for licensed premises in the area. The ways the commissioner may vary a permit under subsection (1) include imposing a new condition, amending a condition and revoking a condition. For subsection (1) (c) , the commissioner may have regard to the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is a fit and proper person to hold a permit. The commissioner must immediately cancel a permit if the commissioner is satisfied the permittee has become a disqualified person. Subsection (5) applies if an adult entertainment permit has been issued for licensed premises or premises to which a community liquor permit or restricted liquor permit relates, and the commissioner— is advised that the licensee has ceased to conduct the business authorised by the licensee’s licence on the premises; or receives an application to transfer the licence because of the sale of the business authorised by the licensee’s licence on the premises; or receives an application to conduct the business of a licensee on licensed premises under section 129 ; or receives a notice from a corporation under section 150 about a change in the controlling interest in the corporation. The commissioner must, by written notice, cancel the adult entertainment permit. If subsection (4) (a) applies, the notice must be given to the person controlling, or apparently controlling, the premises and takes effect on giving the notice. If subsection (4) (b) applies— if the licensee has ceased to conduct the business—the notice must be given to the person controlling, or apparently controlling, the premises and takes effect from the date of the notice; or if the licensee continues to conduct the business until the date of settlement of the sale—the notice must be given to the licensee and takes effect from the date of settlement. If subsection (4) (c) applies, the notice must be given to the person controlling, or apparently controlling, the premises and takes effect 28 days after the date of the notice. If subsection (4) (d) applies, the notice must be given to the licensee and takes effect 28 days after the date of the notice. s 134 amd 1994 No. 59 s 47 ; 1999 No. 54 s 6 ; 1999 No. 73 s 160 ; 2001 No. 39 s 3 sch ; 2002 No. 47 s 60 ; 2002 No. 58 s 398 (1) sch 2 pt 1 sub 2008 No. 48 s 50 amd 2012 No. 25 s 144 (1) ; 2013 No. 64 s 99 ; 2014 No. 42 s 59 ; 2016 No. 12 s 389 sch 2 pt 2 ; 2016 No. 62 s 187 (sec.134-ssec.1) The commissioner may, on the commissioner’s own initiative, cancel, suspend or vary a permit if the commissioner is satisfied that— the permittee has contravened— this Act or a racing offence provision; or a condition stated in the permit; or an order of the commissioner or a requisition of an investigator; or the use of the premises in relation to which the permit is held has caused, or is causing, an adverse effect on the amenity of the area in which the premises are located; or the permittee is not, or is no longer, a fit and proper person to hold the permit. (sec.134-ssec.2) Also, the commissioner may vary a permit that relates to premises in a restricted area to make the conditions of the permit consistent with the conditions of licences for licensed premises in the area. (sec.134-ssec.2A) The ways the commissioner may vary a permit under subsection (1) include imposing a new condition, amending a condition and revoking a condition. (sec.134-ssec.2B) For subsection (1) (c) , the commissioner may have regard to the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is a fit and proper person to hold a permit. (sec.134-ssec.3) The commissioner must immediately cancel a permit if the commissioner is satisfied the permittee has become a disqualified person. (sec.134-ssec.4) Subsection (5) applies if an adult entertainment permit has been issued for licensed premises or premises to which a community liquor permit or restricted liquor permit relates, and the commissioner— is advised that the licensee has ceased to conduct the business authorised by the licensee’s licence on the premises; or receives an application to transfer the licence because of the sale of the business authorised by the licensee’s licence on the premises; or receives an application to conduct the business of a licensee on licensed premises under section 129 ; or receives a notice from a corporation under section 150 about a change in the controlling interest in the corporation. (sec.134-ssec.5) The commissioner must, by written notice, cancel the adult entertainment permit. (sec.134-ssec.6) If subsection (4) (a) applies, the notice must be given to the person controlling, or apparently controlling, the premises and takes effect on giving the notice. (sec.134-ssec.7) If subsection (4) (b) applies— if the licensee has ceased to conduct the business—the notice must be given to the person controlling, or apparently controlling, the premises and takes effect from the date of the notice; or if the licensee continues to conduct the business until the date of settlement of the sale—the notice must be given to the licensee and takes effect from the date of settlement. (sec.134-ssec.8) If subsection (4) (c) applies, the notice must be given to the person controlling, or apparently controlling, the premises and takes effect 28 days after the date of the notice. (sec.134-ssec.9) If subsection (4) (d) applies, the notice must be given to the licensee and takes effect 28 days after the date of the notice. - (a) the permittee has contravened— (i) this Act or a racing offence provision; or (ii) a condition stated in the permit; or (iii) an order of the commissioner or a requisition of an investigator; or - (i) this Act or a racing offence provision; or - (ii) a condition stated in the permit; or - (iii) an order of the commissioner or a requisition of an investigator; or - (b) the use of the premises in relation to which the permit is held has caused, or is causing, an adverse effect on the amenity of the area in which the premises are located; or - (c) the permittee is not, or is no longer, a fit and proper person to hold the permit. - (i) this Act or a racing offence provision; or - (ii) a condition stated in the permit; or - (iii) an order of the commissioner or a requisition of an investigator; or - (a) is advised that the licensee has ceased to conduct the business authorised by the licensee’s licence on the premises; or - (b) receives an application to transfer the licence because of the sale of the business authorised by the licensee’s licence on the premises; or - (c) receives an application to conduct the business of a licensee on licensed premises under section 129 ; or - (d) receives a notice from a corporation under section 150 about a change in the controlling interest in the corporation. - (a) if the licensee has ceased to conduct the business—the notice must be given to the person controlling, or apparently controlling, the premises and takes effect from the date of the notice; or - (b) if the licensee continues to conduct the business until the date of settlement of the sale—the notice must be given to the licensee and takes effect from the date of settlement.