90CConsultation requirements for change of boundaries

90C Consultation requirements for change of boundaries

90C Consultation requirements for change of boundaries

(1) The Authority must not change the boundaries of licensed premises unless the Authority has—

(a) given each relevant person a reasonable opportunity to make submissions in relation to the proposed change, and

(b) taken the submissions made into consideration before deciding whether to make the change.

(2) This section does not apply to—

(a) an exempt application, or

(b) a proposed permanent change of boundaries of licensed premises if the change—

(i) is substantially the same as a temporary change of boundaries resulting from—

(A) an exempt application, or

(B) a former relevant application, and

(ii) is not inconsistent with the requirements for—

(A) the exempt application, or

(B) the former relevant application, other than a requirement relating to the period for the temporary change of boundaries.

(3) In this section—

former relevant application means an application to which—

(a) former section 94A applied, or

(b) for an application made before the commencement of section 94A—the Liquor Regulation 2018, clause 130B applied.

relevant person means—

(a) the Commissioner of Police, and

(b) for a temporary change of boundaries for licensed premises relating to a building, or part of a building, adjacent to the licensed premises—

(i) the local council for the area in which the building or part is located, and

(ii) a licensee for a licence relating to the building or part, and

(c) for another change of boundaries—

(i) the licensee, and