30AInterim authority to act as licensee

30A Interim authority to act as licensee

[Section 30A Inserted by No. 73 of 1994, s. 5 ]

(1)  In this section, absent licensee means a licensee who –

(a) [Section 30A Subsection (1) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] [Section 30A Subsection (1) amended by No. 24 of 2004, s. 11, Applied:01 Jan 2005] is unable or unwilling to continue exercising effective control over the sale and consumption of liquor on the licensed premises for the remainder of the term of the liquor licence; and

(b) is not exercising such control over the sale and consumption of liquor on those licensed premises.

(2)  A person may apply to the Commissioner for an authority to act as licensee of licensed premises if the holder of a general licence, on-licence, off-licence, club licence or special licence in respect of those licensed premises is an absent licensee.

(3)  An application is to be –

(a) in a form approved or provided by the Commissioner; and

(b) accompanied by any prescribed application fee.

(4)  The Commissioner may require an applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.

(5)  On receipt of an application, the Commissioner –

(a) may issue an authority to act as licensee to the applicant; or

(b) may refuse to issue such an authority to the applicant.

(6)  The Commissioner must not issue an authority to act as licensee to an applicant unless the Commissioner is satisfied that the applicant –

(a) [Section 30A Subsection (6) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is a natural person who has attained the age of 18 years; and