104Urgent suspension

104 Urgent suspension

[Section 104 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]

(1)  This section applies if the Commissioner believes, on reasonable grounds that –

(a) a ground exists for taking disciplinary action in relation to a liquor licence or liquor permit; and

(b) harm may be caused to members of the public if urgent action to suspend the liquor licence or liquor permit is not taken.

(2)  The Commissioner may immediately suspend the liquor licence or liquor permit by written notice which must –

(a) be served on the licensee or permit holder; and

(b) state that the liquor licence or liquor permit is suspended; and

(c) inform the licensee or permit holder of his or her right to appeal to the Commission against the Commissioner’s decision.

(3)  An urgent suspension takes effect immediately the notice is served on the licensee or permit holder.

(4)  At the same time as the Commissioner serves the notice on the licensee or permit holder, the Commissioner is to commence disciplinary action under section 100 .

(5)  An urgent suspension continues until the first of the following happens:

(a) the Commissioner revokes it;

(b) the Commissioner, under section 100(4) , serves on the licensee notice of the Commissioner’s decision under section 100(3) ;

(c) the end of the period of 30 days from the day the notice under subsection (2) was served on the licensee.

(6)  If an appeal against the suspension of a licence or permit under this section is made under section 212(1) , the Commission is to, within 14 days of receiving the notice of the appeal, sit to hear the appeal.