44Determination of uncontested applications

44 Determination of uncontested applications

S. 44(1) amended by No. 58/2011 s. 53(1)(a).

(1) Subject to Division 3, the Commission must grant or refuse to grant an uncontested application at any time after the expiry of the period for objection under Division 5 (or that period as extended under section 174).

S. 44(1A)
inserted by No. 20/2018 s. 16.

(1A) In addition to subsection (1), the Commission must not delay the grant or the refusal to grant an uncontested application on the ground that an application for a permit made under the Planning and Environment Act 1987 to permit the use of the premises to which the application relates is not yet determined.

See section 16(2) that provides that the licence and BYO permit condition relating to compliance with the planning scheme under the Planning and Environment Act 1987 does not apply to a pre‑retail licence, a limited licence or a major event licence.

S. 44(2) amended by No. 58/2011 s. 53(1)(b).

(2) The Commission may refuse to grant an uncontested application on any of the following grounds—

(a) in the case of a grant or transfer of a licence or BYO permit, that the applicant or proposed transferee is not a suitable person to hold or carry on business under the licence or BYO permit;

(b) in any case—

(i) that the granting of the application would detract from or be detrimental to the amenity of the area in which the premises to which the application relates are situated;

S. 44(2)(b)(ii) amended by No. 49/2021 s. 28(1).

(ii) that the granting of the application would be conducive to or encourage harm;

(iii) if the applicant or proposed transferee is a natural person—that the applicant or proposed transferee does not have an adequate knowledge of this Act;

(iv) if the applicant or proposed transferee is a body corporate—that no director of the applicant or proposed transferee has an adequate knowledge of this Act;

(v) that the application has not been made, displayed or advertised in accordance with this Act;

(c) in the case of an application in relation to a club licence—

(i) that the club is not conducted in good faith as a club; or

(ii) that the club is kept or habitually used for any unlawful purpose; or

(iii) that the club is used mainly for the supply of liquor; or

(iv) that liquor purchased by or belonging to the club has been supplied illegally whether on the club premises or elsewhere; or

(v) that persons who are not members have been admitted to the club for the purpose only of obtaining liquor; or