NSWIn ForceAct
Liquor Act 2007
144ZARequirements for deciding to take remedial action
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#### 144ZA Requirements for deciding to take remedial action
144ZA Requirements for deciding to take remedial action
> > (1) In deciding whether to take remedial action under this Division, the Authority—
> >
> > > (a) must take into account the following—
> > >
> > > > (i) any submissions made by the following persons—
> > > >
> > > > > (A) a person specified in section 144Z(1),
> > > >
> > > > > (B) the NSW Police Force,
> > > >
> > > > > (C) the local consent authority for the licensed premises,
> > > >
> > > > > (D) the Secretary,
> > >
> > > > (ii) to the extent that the Authority considers it to be relevant to the decision—
> > > >
> > > > > (A) the size and patron capacity of the licensed premises and any impact those factors have on the ability of the licensee or manager of the licensed premises to prevent a demerit offence being committed or another prescribed complaint being made in relation to the licensee or manager of the licensed premises, and
> > > >
> > > > > (B) the history and nature of the commission of demerit offences by the licensee or manager, and
> > > >
> > > > > (C) the history and nature of prescribed complaints that have been made in relation to the licensee or manager, and
> > > >
> > > > > (D) whether other action would be preferable, and
> > > >
> > > > > (E) whether there have been changes to the persons who are the licensee, manager of the licensed premises, or owner of the business carried on under the licence, and
> > > >
> > > > > (F) whether there have been changes to the business practices in respect of the business carried on under the licence, and
> > > >
> > > > > (G) any other matter prescribed by the regulations for the purposes of this section, and
> >
> > > (b) may take into account any other matter the Authority considers relevant.
>
> > (2) The Authority must, as soon as practicable after making the decision, give each person stated in section 144Z(1) written notice of the following—
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> > > (a) the decision,
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> > > (b) the reasons for the decision,
> >
> > > (c) any right of review in respect of the decision.
>
> > (3) The regulations may prescribe guidelines setting out how the matters referred to in subsection (1)(a)(ii) are to be taken into account by the Authority.
>
> **s 144ZA:** Ins 2020 No 40, Sch 1.1\[9\].