Div 11Lessor's consent

Division 11—Lessor's consent 72—Consent of lessor or owner required in certain cases (1) Subject to this section— (a) the licensing authority must not grant an application— (i) for a new licence; or (ii) for approval of an alteration or proposed alteration to the licensed premises, if the licensed premises or proposed licensed premises are occupied, or are to be occupied, under a lease and the lessor has not consented to the application; (b) the licensing authority must not grant an application for the removal of a licence if the premises to which the licence is to be removed are held under lease and the lessor has not consented to the application; (c) the licensing authority must not grant an application for transfer of a licence if the licensed premises are occupied under a lease and the lessor has not consented to the application. (2) A lessor is taken to have consented to an application for a licence or for the removal or transfer of a licence if, before the lessor granted or approved the assignment of the lease, the applicant gave the lessor written notice of the applicant's intention to use the premises for trading in liquor. (3) The licensing authority may dispense with a consent required under this section if, in its opinion, the consent has been capriciously or unreasonably withheld. (4) A reference in this section to the lessor of premises is, in relation to premises held from the Crown under lease or licence, a reference to the Crown.