35Advertisement of licence application

35 Advertisement of licence application S. 35(1) amended by Nos 59/2009 s. 21(1), 58/2011 s. 104(Sch. item 4.70), substituted by No. 49/2021 s. 25. (1) An applicant for the grant, variation or relocation of a packaged liquor licence, a late night (packaged liquor) licence or a prescribed licence must cause notice of the application to be advertised— (a) in a newspaper (whether printed or published by electronic communication) circulating— (i) in the area in which the premises to which the application relates are or are to be situated; or (ii) in the area to which the licensed premises are sought to be relocated; or (iii) generally throughout Victoria; or (b) in the manner directed by the Commission under subsection (3)(b). S. 35(1A) inserted by No. 59/2009 s. 21(2), amended by No. 70/2013 s. 3(Sch. 1 item 26.2). (1A) Subsection (1) does not apply to a prescribed variation of a licence. S. 35(2) amended by Nos 59/2009 s. 21(3), 58/2011 s. 104(Sch. item 4.70), substituted by No. 49/2021 s. 25. (2) The Commission may direct an applicant for the grant, variation or relocation of a licence to cause notice of the application to be advertised— (a) in a newspaper (whether printed or published by electronic communication) circulating— (i) in the area in which the premises to which the application relates are or are to be situated; or (ii) in the area to which the licensed premises are sought to be relocated; or (iii) generally throughout Victoria; or (b) in the manner directed by the Commission under subsection (3)(b). S. 35(2A) inserted by No. 59/2009 s. 21(4). (2A) Subsection (2) applies to a prescribed variation of a packaged liquor licence, late night (packaged liquor) licence or prescribed licence but does not otherwise apply to a packaged liquor licence, a late night (packaged liquor) licence or a prescribed licence. S. 35(3) amended by No. 58/2011 s. 104(Sch. item 4.70). (a) specify the newspaper in which notice of an application, or of applications of a specified class, is or are to be advertised; S. 35(3)(b) amended by No. 58/2011 s. 104(Sch. item 4.70). (b) direct that an application, or applications of a specified class, is or are to be advertised in another manner specified by the Commission. S. 35(4) amended by No. 58/2011 s. 104(Sch. item 4.70). (4) A notice referred to in subsection (1) or (2) must comply with any requirements specified by the Commission as to size and the information contained in it. S. 35(5) amended by No. 58/2011 s. 104(Sch. item 4.70). (5) The Commission must refuse to consider an application until the applicant has complied with subsection (1) or (2), as the case requires. S. 35(6) amended by No. 59/2009 s. 21(5). (6) In this section— ***prescribed licence*** means a licence, other than a limited licence or a major event licence, of a class that is prescribed for the purposes of subsection (1).