22Qualifications for liquor licence

### 22 Qualifications for liquor licence > > (1)  [*\[Section 22 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003\]*](/view/html/inforce/2003-09-15/act-2003-040#JS2@JT@tr@oc1@EN) [*\[Section 22 Subsection (1) amended by No. 40 of 2003, s. 7, Applied:15 Sep 2003\]*](/view/html/inforce/2003-09-15/act-2003-040#GS7@Hpa@EN) [*\[Section 22 Subsection (1) substituted by No. 7 of 2008, s. 6, Applied:02 May 2008\]*](/view/html/inforce/2008-05-02/act-2008-007#GS6@EN) A person is qualified to be granted a liquor licence if – > > > > > > (a) he or she is a natural person who has attained the age of 18 years; and > > > > > > > (b) the Commissioner is satisfied that the person is a fit and proper person to be a licensee; and > > > > > > > (c) the Commissioner is satisfied that the person will be able to exercise effective control over the service, and any consumption, of liquor on the premises for which the licence is sought; and > > > > > > > (d) the person has successfully completed a course or traineeship approved by the Commissioner relating to the service of liquor or has satisfied the Commissioner that the person has the necessary knowledge, experience and competency. > > > (1A)  [*\[Section 22 Subsection (1A) amended by No. 51 of 2015, s. 20, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS20@EN) [*\[Section 22 Subsection (1A) inserted by No. 7 of 2008, s. 6, Applied:02 May 2008\]*](/view/html/inforce/2008-05-02/act-2008-007#GS6@EN) However, a person is not qualified to be granted a liquor licence if the Commissioner reasonably suspects that any associate of the person who is a natural person and likely to have any influence over the management of the business to be carried on under licence is not a fit and proper person to be an associate of a licensee. > > > (2)  [*\[Section 22 Subsection (2) substituted by No. 40 of 2003, s. 7, Applied:15 Sep 2003\]*](/view/html/inforce/2003-09-15/act-2003-040#GS7@Hpb@EN) For the purposes of this section, the Commissioner may take into account, having regard to the type of liquor licence applied for and the premises in respect of which it is sought, the knowledge, experience and competency of the applicant in respect of the service of liquor and the conduct and management of licensed premises. > > > (3)  [*\[Section 22 Subsection (3) amended by No. 24 of 2004, s. 7, Applied:01 Jan 2005\]*](/view/html/inforce/2005-01-01/act-2004-024#GS7@EN) [*\[Section 22 Subsection (3) inserted by No. 40 of 2003, s. 7, Applied:15 Sep 2003\]*](/view/html/inforce/2003-09-15/act-2003-040#GS7@Hpb@EN) If it appears to the Commissioner that it is not practicable to require an applicant for a liquor licence to have successfully completed a course or traineeship approved by the Commissioner relating to the service of liquor at the time when the licence is granted, the Commissioner may make the grant of the licence subject to a condition that the holder is to successfully complete the course or traineeship within such period as the Commissioner may direct. > > > (4)  [*\[Section 22 Subsection (4) inserted by No. 40 of 2003, s. 7, Applied:15 Sep 2003\]*](/view/html/inforce/2003-09-15/act-2003-040#GS7@Hpb@EN) The Commissioner may, if satisfied that it is not contrary to the public interest to do so, exempt an applicant for a special licence from the requirement in [subsection (1)(d)](#GS22@Gs1@Hpd@EN) .