sec.154Alteration etc. and maintenance of licensed premises

### sec.154 Alteration etc. and maintenance of licensed premises The owner, licensee or other person in control of licensed premises must not, without the commissioner’s approval, alter, rebuild, change or increase the area of the licensed premises. The licensee of a detached bottle shop in a shopping centre changes the relevant leasing arrangements by reducing the overall area the shop is to occupy. Therefore the licensee must apply for the commissioner’s approval to alter the licensed premises permanently. An RSL club is the licensee of a licensed club and wishes to erect a tent next to its licensed premises to provide liquor on Anzac Day. Therefore the licensee must apply for the commissioner’s approval to increase the area of the licensed premises for that occasion. Maximum penalty—25 penalty units. For subsection (1) — in giving an approval, the commissioner must have regard to the business that is the principal activity conducted under the licence; and a change in the area includes not using a part of the licensed premises as if the part were not licensed premises. Before giving an approval, the commissioner may ask the applicant to give the commissioner a management plan relating to the proposed alteration, rebuilding, change or increase. The management plan must include information the commissioner considers appropriate having regard to— the business that is the principal activity conducted under the licence; and the nature of the alteration, rebuilding, change or increase. If the commissioner asks the applicant for a management plan under subsection (3) , the commissioner must not give the approval unless the applicant complies with the request. The licensee of licensed premises must keep the premises clean and in good repair. Maximum penalty—25 penalty units. s 154 sub 1994 No. 59 s 54 amd 2001 No. 39 s 91 ; 2002 No. 47 s 63 ; 2005 No. 61 s 32 ; 2008 No. 48 s 59 (1) sch 1 ; 2012 No. 25 s 144 (1) (sec.154-ssec.1) The owner, licensee or other person in control of licensed premises must not, without the commissioner’s approval, alter, rebuild, change or increase the area of the licensed premises. The licensee of a detached bottle shop in a shopping centre changes the relevant leasing arrangements by reducing the overall area the shop is to occupy. Therefore the licensee must apply for the commissioner’s approval to alter the licensed premises permanently. An RSL club is the licensee of a licensed club and wishes to erect a tent next to its licensed premises to provide liquor on Anzac Day. Therefore the licensee must apply for the commissioner’s approval to increase the area of the licensed premises for that occasion. Maximum penalty—25 penalty units. (sec.154-ssec.2) For subsection (1) — in giving an approval, the commissioner must have regard to the business that is the principal activity conducted under the licence; and a change in the area includes not using a part of the licensed premises as if the part were not licensed premises. (sec.154-ssec.3) Before giving an approval, the commissioner may ask the applicant to give the commissioner a management plan relating to the proposed alteration, rebuilding, change or increase. (sec.154-ssec.4) The management plan must include information the commissioner considers appropriate having regard to— the business that is the principal activity conducted under the licence; and the nature of the alteration, rebuilding, change or increase. (sec.154-ssec.5) If the commissioner asks the applicant for a management plan under subsection (3) , the commissioner must not give the approval unless the applicant complies with the request. (sec.154-ssec.6) The licensee of licensed premises must keep the premises clean and in good repair. Maximum penalty—25 penalty units. - 1 The licensee of a detached bottle shop in a shopping centre changes the relevant leasing arrangements by reducing the overall area the shop is to occupy. Therefore the licensee must apply for the commissioner’s approval to alter the licensed premises permanently. - 2 An RSL club is the licensee of a licensed club and wishes to erect a tent next to its licensed premises to provide liquor on Anzac Day. Therefore the licensee must apply for the commissioner’s approval to increase the area of the licensed premises for that occasion. - (a) in giving an approval, the commissioner must have regard to the business that is the principal activity conducted under the licence; and - (b) a change in the area includes not using a part of the licensed premises as if the part were not licensed premises. - (a) the business that is the principal activity conducted under the licence; and - (b) the nature of the alteration, rebuilding, change or increase.