sec.61Restrictions on grant of commercial hotel licence

### sec.61 Restrictions on grant of commercial hotel licence The commissioner may grant a commercial hotel licence only if the commissioner is satisfied of the following— the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 59 (1) ; the business to be conducted under the licence on the licensed premises will have a commercial kitchen and at least 2 of the following facilities— a dining, restaurant, or bistro-style, facility; self-contained accommodation of at least 3 rooms for letting to travellers; a function room facility available for hire by members of the public; the licensed premises— have the capacity to seat more than 60 patrons at any one time; and have toilet facilities for male and female patrons of the business to be conducted under the licence on the premises. The commissioner must not grant a commercial hotel licence to a person— for premises the commissioner reasonably considers are, or are to be, used primarily as a supermarket; or if the commissioner considers that the sale of liquor proposed to be carried on under authority of the licence would more appropriately be carried on under the authority of a licence of another kind. Also, the commissioner must not grant a commercial hotel licence to an incorporated association under the Associations Incorporation Act 1981 . s 61 sub 2008 No. 48 s 13 amd 2012 No. 25 s 144 (1) (sec.61-ssec.1) The commissioner may grant a commercial hotel licence only if the commissioner is satisfied of the following— the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 59 (1) ; the business to be conducted under the licence on the licensed premises will have a commercial kitchen and at least 2 of the following facilities— a dining, restaurant, or bistro-style, facility; self-contained accommodation of at least 3 rooms for letting to travellers; a function room facility available for hire by members of the public; the licensed premises— have the capacity to seat more than 60 patrons at any one time; and have toilet facilities for male and female patrons of the business to be conducted under the licence on the premises. (sec.61-ssec.2) The commissioner must not grant a commercial hotel licence to a person— for premises the commissioner reasonably considers are, or are to be, used primarily as a supermarket; or if the commissioner considers that the sale of liquor proposed to be carried on under authority of the licence would more appropriately be carried on under the authority of a licence of another kind. (sec.61-ssec.3) Also, the commissioner must not grant a commercial hotel licence to an incorporated association under the Associations Incorporation Act 1981 . - (a) the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 59 (1) ; - (b) the business to be conducted under the licence on the licensed premises will have a commercial kitchen and at least 2 of the following facilities— (i) a dining, restaurant, or bistro-style, facility; (ii) self-contained accommodation of at least 3 rooms for letting to travellers; (iii) a function room facility available for hire by members of the public; - (i) a dining, restaurant, or bistro-style, facility; - (ii) self-contained accommodation of at least 3 rooms for letting to travellers; - (iii) a function room facility available for hire by members of the public; - (c) the licensed premises— (i) have the capacity to seat more than 60 patrons at any one time; and (ii) have toilet facilities for male and female patrons of the business to be conducted under the licence on the premises. - (i) have the capacity to seat more than 60 patrons at any one time; and - (ii) have toilet facilities for male and female patrons of the business to be conducted under the licence on the premises. - (i) a dining, restaurant, or bistro-style, facility; - (ii) self-contained accommodation of at least 3 rooms for letting to travellers; - (iii) a function room facility available for hire by members of the public; - (i) have the capacity to seat more than 60 patrons at any one time; and - (ii) have toilet facilities for male and female patrons of the business to be conducted under the licence on the premises. - (a) for premises the commissioner reasonably considers are, or are to be, used primarily as a supermarket; or - (b) if the commissioner considers that the sale of liquor proposed to be carried on under authority of the licence would more appropriately be carried on under the authority of a licence of another kind.