184Grounds for occupational discipline—commercial

184 Grounds for occupational discipline—commercial (1) Each of the following is a ground for occupational discipline in relation to a commercial permit-holder: (a) the permit-holder has contravened, or is contravening, a provision of this Act; (b) the permitted premises do not comply with the requirements of (c) the permit-holder is not a suitable person to hold a permit; Note For what ACAT must consider in deciding suitability—see s 185. (d) the permitted premises are not suitable premises for the permit; Note For what ACAT must consider in deciding suitability—see s 186. (e) the commissioner has made a commissioner’s direction for the permit-holder and the permit-holder 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 permit-holder and the permit-holder has not complied with the order; Note Emergency closure order—see s 146. (g) the permit-holder has allowed the permitted 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 permitted premises that is attributable to the premises and about which there has been a complaint; (i) the permit-holder has allowed people to smoke in a part of the permitted premises that is— (ii) an outdoor eating or drinking place; (j) the permit-holder has failed to take reasonable steps to prevent smoke from another area occupied by the permit-holder entering— (ii) an outdoor eating or drinking place; (k) the permit-holder has allowed a person of concern to do 1 or more of the following in relation to the business operated under the permit: (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 commercial permit if— (a) the permit-holder has— (i) contravened a commissioner’s direction; or (ii) breached a condition of the permit; and (b) it is in the public interest to suspend the permit; and (c) it is not appropriate to cancel the permit.