Div 13Submissions in relation to applications

Division 13—Submissions in relation to applications 76—Commissioner of Police may make written submissions Without limiting the Commissioner of Police's right under Part 2 to intervene in proceedings before a licensing authority, the Commissioner of Police may, in relation to an application under this Part, by notice lodged in a manner and form approved by the Commissioner, at least 7 days before the day appointed for the determination or hearing of the application (or such lesser period as the licensing authority may allow), make written submissions to the Commissioner in respect of the application. 77—General right to make written submissions (1) If an application has been advertised under this Part, a person may, by notice lodged in a manner and form approved by the Commissioner, at least 7 days before the day appointed for the determination or hearing of the application (or such lesser period as the licensing authority may allow), make written submissions to the Commissioner in respect of the application. (2) Subject to subsection (3), written submissions under this section may be made on 1 or more of the following grounds: (a) that the grant of the application would not be consistent with the objects of this Act or would be contrary to this Act in some other way; (b) in the case of a designated application—that the granting of the designated application is not in the community interest; (c) in the case of an application by a natural person for the grant or transfer of a licence, or for the conversion of a temporary licence into an ordinary licence—that the applicant is of bad reputation or character or is in other respects not a fit and proper person to be licensed; (d) in the case of an application by a trust or corporate entity for the grant or transfer of a licence, or for the conversion of a temporary licence into an ordinary licence—that the applicant is not a fit and proper person to be licensed or that a person who occupies a position of authority in the entity is of bad reputation or character or is in other respects not a fit and proper person to hold such a position in an entity that holds a licence; (e) in the case of an application for the grant or removal of a licence—that the position, nature or quality of the premises renders them unsuitable to be licensed, or to be licensed under a licence of the kind to which the application relates; (f) that if the application were granted— (i) undue offence, annoyance, disturbance or inconvenience to people who reside, work or worship in the vicinity of the premises or proposed premises to which the application relates would be likely to result; or (ii) the safety or welfare of children attending kindergarten, primary school or secondary school in the vicinity of the premises or proposed premises to which the application relates would be likely to be prejudiced; or (iii) the amenity of the locality in which the premises or proposed premises to which the application relates are situated would be adversely affected in some other way. (3) Written submissions in respect of an application that relate to a matter that is, or should be, dealt with or addressed under the law relating to planning or carrying out building work may only be made by or on behalf of a council if a combined assessment panel has been established under the Planning, Development and Infrastructure Act 2016 to be involved in the assessment of the application under this Act (at the same time as acting as a relevant authority under that Act). (4) A person who makes written submissions under this section must ensure that the applicant is given a copy of the written submissions at least 7 days before the day appointed for the hearing or determination of the application (or such lesser period as the licensing authority may allow). (5) A licensing authority must have regard to any written submissions (including further written submissions under section 78) made in accordance with the requirements of this Division. 78—Further written submissions (1) The Commissioner may, in the Commissioner's absolute discretion, in accordance with the rules of natural justice— (a) call for further written submissions to be made in relation to a particular application; or (b) invite a person or body determined by the Commissioner to make written submissions in relation to a particular application. (2) Written submissions made under subsection (1) may be made on any ground. (3) If the Commissioner receives written submissions (or further written submissions) under this section, the Commissioner must ensure that the applicant is given a copy of the written submissions (or further written submissions) a reasonable time before the hearing or determination of the application. 79—Conciliation (1) If an application has been advertised under this Part and 1 or more written submissions have been made opposing the application, the Commissioner may, in the Commissioner's absolute discretion, endeavour to resolve the application by conciliation. (2) If an application is resolved by conciliation, the Commissioner may determine the application so as to reflect the agreement reached by conciliation if the Commissioner considers it appropriate to do so in accordance with this Part. 80—Commissioner may refer matters to Court The Commissioner may, in the Commissioner's absolute discretion, refer any application under this Part for hearing and determination by the Court, other than an application relating to a small venue licence (and a person who has made written submissions in relation to an application referred to the Court will be taken to be a party to the proceedings before the Court in relation to the application). 81—Hearings etc (1) The Commissioner may, in the Commissioner's absolute discretion— (a) determine an application under this Part entirely on the basis of the application and any written submissions made without holding a hearing; or (b) hold a hearing in relation to an application under this Part. (2) If a hearing is held under subsection (1)(b) in respect of an application for, or in relation to, a small venue licence, only the applicant and, if relevant, the Commissioner of Police, may introduce evidence or make representations at the hearing. (3) Nothing in this section is to be taken to limit the operation of section 53. 82—Variation of written submissions (1) A licensing authority may allow a person who has made written submissions in relation to an application to vary the submissions at any time before the application is determined. (2) If a licensing authority allows written submissions to be varied, the authority must ensure that the applicant is given a copy of the submissions as varied a reasonable time before the hearing or determination of the application.