183Grounds for occupational discipline—licensee

183 Grounds for occupational discipline—licensee (1) Each of the following is a ground for occupational discipline in relation to a licensee: (a) the licensee has contravened, or is contravening, a provision of (b) the licensed premises do not comply with the requirements of (c) the licensee is not a suitable person to hold a licence; Note For what ACAT must consider in deciding suitability—see s 185. (d) the licensed premises are not suitable premises for the licence; Note For what ACAT must consider in deciding suitability—see s 186. (e) the commissioner has made a commissioner’s direction for the licensee and the licensee has not complied with the direction; Note Commissioner’s direction—see s 144. (f) a senior police officer has made an emergency closure order for the licensee and the licensee has not complied with the order; Note Emergency closure order—see s 146. (g) the licensee has allowed the licensed premises to be used in a way that causes undue disturbance or inconvenience to people— (i) lawfully at the premises; or (ii) occupying premises in the neighbourhood;

(h) a loss of amenity has arisen in the vicinity of the licensed premises that is attributable to the premises and about which there has been a complaint; (i) the licensee has allowed people to smoke in a part of the licensed premises that is— (ii) an outdoor eating or drinking place (other than a designated outdoor smoking area); (j) the licensee has failed to take reasonable steps to prevent smoke from another area occupied by the licensee entering— (ii) an outdoor eating or drinking place (other than a designated outdoor smoking area); (k) the licensee has allowed a person of concern to do 1 or more of the following in relation to the business operated under the (i) exercise a significant influence in relation to the conduct of the business; (ii) take part in a directorial, managerial or executive decision (iii) elect or appoint a person as an executive officer in the (2) There are grounds to suspend a licence if— (a) the licensee has— (i) contravened a commissioner’s direction; or (ii) breached a condition of the licence; and (b) it is in the public interest to suspend the licence; and

(c) it is not appropriate to cancel the licence. (3) There are grounds to cancel a licence if— (a) the licensee was given an immediate suspension notice under section 46A (Licence—immediate suspension for failure to pay fee); and (b) the licensee failed to pay the fee within 28 days after the immediate suspension notice was given.