sec.136Grounds for disciplinary action

### sec.136 Grounds for disciplinary action Each of the following is a ground for taking disciplinary action relating to a licence— the licensee has failed to— comply with this Act; or conduct a business on the licensed premises that is consistent with the principal activity of the licence; or comply with a condition stated in the licence or in an extended trading hours approval endorsed on the licence; or comply with a condition stated in a car park approval for the licensed premises; or comply with an order of the commissioner or a requisition of an investigator; the licensee is convicted of— an offence against this Act; or a prescribed offence; or an offence against a racing offence provision; or an offence the commissioner considers indicates the licensee’s unsuitability to hold the licence; the licensee has, at a material time, employed or engaged in the business conducted under authority of the licence a person convicted of an offence against this Act committed in the course of the business being carried on; the licensee has obtained the licence by fraud or false representation; the licensee is a disqualified person or is not a fit and proper person to conduct business under authority of the licence, having regard to the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is not a disqualified person and is a fit and proper person to hold a licence; the licensee has ceased to conduct business on the licensed premises; the licensee holds the licence for the benefit, wholly or partially, of a person to whom the commissioner would not grant the licence if application were to be made by the person; the use of the licensed premises has caused, or is causing, an adverse effect on the amenity of the area in which the premises are located; the licensee is no longer eligible to hold the licence under section 106 (3) or (4) . s 136 amd 1994 No. 59 s 49 ; 1999 No. 54 s 7 sub 2001 No. 39 s 85 amd 2002 No. 58 s 398 (1) sch 2 pt 1 ; 2005 No. 48 s 492 sch 1 ; 2008 No. 48 ss 20 , 59 sch s 1 – 2 ; 2009 No. 41 s 79 ; 2012 No. 25 s 144 (1) ; 2013 No. 64 s 105 ; 2014 No. 42 s 60 ; 2016 No. 12 s 389 sch 2 pt 2 ; 2016 No. 4 s 36 ; 2016 No. 62 s 192 - (a) the licensee has failed to— (i) comply with this Act; or (ii) conduct a business on the licensed premises that is consistent with the principal activity of the licence; or (iii) comply with a condition stated in the licence or in an extended trading hours approval endorsed on the licence; or (iv) comply with a condition stated in a car park approval for the licensed premises; or (v) comply with an order of the commissioner or a requisition of an investigator; - (i) comply with this Act; or - (ii) conduct a business on the licensed premises that is consistent with the principal activity of the licence; or - (iii) comply with a condition stated in the licence or in an extended trading hours approval endorsed on the licence; or - (iv) comply with a condition stated in a car park approval for the licensed premises; or - (v) comply with an order of the commissioner or a requisition of an investigator; - (b) the licensee is convicted of— (i) an offence against this Act; or (ii) a prescribed offence; or (iii) an offence against a racing offence provision; or (iv) an offence the commissioner considers indicates the licensee’s unsuitability to hold the licence; - (i) an offence against this Act; or - (ii) a prescribed offence; or - (iii) an offence against a racing offence provision; or - (iv) an offence the commissioner considers indicates the licensee’s unsuitability to hold the licence; - (c) the licensee has, at a material time, employed or engaged in the business conducted under authority of the licence a person convicted of an offence against this Act committed in the course of the business being carried on; - (d) the licensee has obtained the licence by fraud or false representation; - (e) the licensee is a disqualified person or is not a fit and proper person to conduct business under authority of the licence, having regard to the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is not a disqualified person and is a fit and proper person to hold a licence; - (f) the licensee has ceased to conduct business on the licensed premises; - (g) the licensee holds the licence for the benefit, wholly or partially, of a person to whom the commissioner would not grant the licence if application were to be made by the person; - (h) the use of the licensed premises has caused, or is causing, an adverse effect on the amenity of the area in which the premises are located; - (i) the licensee is no longer eligible to hold the licence under section 106 (3) or (4) . - (i) comply with this Act; or - (ii) conduct a business on the licensed premises that is consistent with the principal activity of the licence; or - (iii) comply with a condition stated in the licence or in an extended trading hours approval endorsed on the licence; or - (iv) comply with a condition stated in a car park approval for the licensed premises; or - (v) comply with an order of the commissioner or a requisition of an investigator; - (i) an offence against this Act; or - (ii) a prescribed offence; or - (iii) an offence against a racing offence provision; or - (iv) an offence the commissioner considers indicates the licensee’s unsuitability to hold the licence;