95Cancellation, suspension or variation of licence or BYO permit by Commission

95 Cancellation, suspension or variation of licence or BYO permit by Commission (1) Subject to subsection (2), the Commission may make a determination under subsection (3) if satisfied, after conducting an inquiry under section 94, that— (a) the continuation of a licence or BYO permit would detract from or be detrimental to the amenity of the area in which the licensed premises are situated; or (b) for a continuous period of 12 months, a licence or BYO permit has not been used. S. 95(2) substituted by No. 64/2014 s. 43. (2) Before the Commission makes a determination under subsection (3)— (a) the Commission must consider any submissions made by the licensee or permittee or an interested person referred to in section 94B; and (b) if the determination is to be based on the ground referred to in subsection (1)(a), the Commission must consider whether the licensee or permittee had been operating the licensed premises before any change to the area in which the licensed premises are situated that may affect the Commission's view of the amenity of the area. (3) The Commission may do one of, or a combination of, the following— (a) cancel the licence or BYO permit; (b) suspend the licence or permit for the period specified by the Commission; (c) make a variation (within the meaning of Division 1) to the licence or permit; (d) make any other direction the Commission thinks fit. (4) The Commission must give a statement of reasons for a determination made under this section to the licensee or permittee and any interested person given notice of the inquiry under section 94B. S. 96 repealed by No. 58/2011 s. 67. S. 96A inserted by No. 73/2007 s. 18.