38Licence—amendment on application by licensee

38 Licence—amendment on application by licensee (1) A licensee may apply to the commissioner to amend the licence. (2) A licensee must apply to the commissioner for amendment of the licence if someone else is to— (a) become a close associate of the licensee; or (b) if the licensee is a corporation—become an influential person for the licensee; or (c) have day-to-day control of the business operated under the licence. (3) If a licensee applies to the commissioner to amend an on licence from 1 subclass to another, the licensee must comply with the public consultation provisions in division 2.4 (Licences—public consultation). Example—amendment from 1 subclass to another restaurant and cafe licence to nightclub licence

(4) The commissioner may amend the licence only if satisfied that— licence as amended: (ii) each close associate of the licensee; (iii) if the licensee is a corporation—each influential person for the licensee; (iv) if someone other than the proposed licensee has, or is to have, day-to-day control of the business operated under the licence—a person who has, or is to have, day-to-day control; and (b) if the commissioner requires the licensee to give information about another person under section 71 (2) (c)—the information does not affect the licensee’s suitability to hold the licence; and (c) for a licence other than a catering licence—the licensed premises are suitable premises for the licence as amended. (5) The commissioner must, not later than the required time—

(6) In this section: (a) if the commissioner receives a representation about a person or premises under section 35 (Licence—representations)—90 days after the commissioner receives the representation; (b) if the commissioner requires the licensee to provide a police certificate or other information under section 71 (Commissioner may require police certificate or information for person etc)— 30 days after the day the commissioner receives the certificate or information; (c) if the commissioner requires the licensee to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—30 days after the day the commissioner receives the certificate, plan or information; (d) if the commissioner asks the licensee to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—30 days after the day the commissioner inspects the premises; (e) 30 days after the day the commissioner receives the application. Note Failure to amend a licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative