sec.153Letting or subletting of licensed premises

### sec.153 Letting or subletting of licensed premises A licensee must not, without the commissioner’s approval— let or sublet all of the licensed premises; or enter into a franchise or management agreement for all of the licensed premises. Maximum penalty—40 penalty units. If a licensee lets or sublets, or enters into a franchise or management agreement for part of the licensed premises (the relevant part ), the lease, sublease or agreement must not purport to authorise a person other than the licensee to sell liquor under the licensee’s licence on the relevant part. Maximum penalty—40 penalty units. Subsections (1) and (2) do not apply to the holder of a commercial special facility licence who, with the commissioner’s approval— lets or sublets part of the licensed premises; or lets or sublets the right to sell liquor; or enters into a franchise or management agreement for part of the licensed premises. The commissioner must not give an approval mentioned in subsection (1) or (3) unless the commissioner is satisfied the proposed lessee, sublessee, franchisee or manager is not a disqualified person and is a fit and proper person to lease, sublease or franchise or manage the licensed premises. For forming the satisfaction mentioned in subsection (4) , 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 not a disqualified person and is a fit and proper person to hold a licence. s 153 sub 1994 No. 59 s 53 amd 2003 No. 60 s 16 ; 2008 No. 48 s 59 (1) sch 1 ; 2012 No. 25 s 144 (1) ; 2013 No. 25 s 150 ; 2013 No. 62 s 40 ; 2013 No. 64 s 113 ; 2014 No. 42 s 69 (sec.153-ssec.1) A licensee must not, without the commissioner’s approval— let or sublet all of the licensed premises; or enter into a franchise or management agreement for all of the licensed premises. Maximum penalty—40 penalty units. (sec.153-ssec.2) If a licensee lets or sublets, or enters into a franchise or management agreement for part of the licensed premises (the relevant part ), the lease, sublease or agreement must not purport to authorise a person other than the licensee to sell liquor under the licensee’s licence on the relevant part. Maximum penalty—40 penalty units. (sec.153-ssec.3) Subsections (1) and (2) do not apply to the holder of a commercial special facility licence who, with the commissioner’s approval— lets or sublets part of the licensed premises; or lets or sublets the right to sell liquor; or enters into a franchise or management agreement for part of the licensed premises. (sec.153-ssec.4) The commissioner must not give an approval mentioned in subsection (1) or (3) unless the commissioner is satisfied the proposed lessee, sublessee, franchisee or manager is not a disqualified person and is a fit and proper person to lease, sublease or franchise or manage the licensed premises. (sec.153-ssec.5) For forming the satisfaction mentioned in subsection (4) , 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 not a disqualified person and is a fit and proper person to hold a licence. - (a) let or sublet all of the licensed premises; or - (b) enter into a franchise or management agreement for all of the licensed premises. - (a) lets or sublets part of the licensed premises; or - (b) lets or sublets the right to sell liquor; or - (c) enters into a franchise or management agreement for part of the licensed premises.