Div 4AAddition of outlets to liquor production and sales licence

Division 4A—Addition of outlets to liquor production and sales licence 62B—Addition of outlets to liquor production and sales licence (1) An applicant for the addition to a liquor production and sales licence of premises or proposed premises as a production outlet, retail outlet or wholesale outlet must satisfy the licensing authority— (a) that the premises sought to be added are, or, in the case of premises not yet constructed, will be, of an appropriate standard for carrying on business under the licence; and (b) that the addition of the premises to the licence would be unlikely— (i) to result in undue offence, annoyance, disturbance or inconvenience to people who reside, work or worship in the vicinity of the premises; or (ii) to prejudice the safety or welfare of children attending kindergarten, primary school or secondary school in the vicinity of the premises. (2) An application for the addition to a liquor production and sales licence of premises or proposed premises as a production outlet, retail outlet or wholesale outlet cannot be granted unless the licensing authority is satisfied— (a) that any approvals, consents or exemptions that are required under the law relating to planning to permit the use of the premises or proposed premises for the sale of liquor have been obtained; and (b) that any approvals, consents or exemptions that are required by law for carrying out of building work before the removal of the licence takes effect have been obtained; and (c) that any other relevant approvals, consents and exemptions required for carrying on the proposed business from the premises have been obtained. (3) If adding a production outlet, retail outlet or wholesale outlet to a liquor production and sales licence would result in the establishment of a collective outlet or an increase in the number of licensees for whom the outlet constitutes a collective outlet, the licensing authority must not grant the application for the addition if of the opinion that the trade to be authorised at the outlet would, in view of the number of licensees involved or the nature and extent of the trade or for any other reason, be better authorised by a packaged liquor sales licence or a licence of some other category. 62C—Certificate of approval for addition to liquor production and sales licence of proposed premises as outlet (1) The licensing authority may refuse an application for the addition to a liquor production and sales licence of proposed premises as a production outlet, retail outlet or wholesale outlet having regard to the extent to which the proposed premises are uncompleted but may, instead, grant a certificate (a certificate of approval) approving the plans submitted by the applicant in respect of the proposed premises if satisfied that any approvals, consents or exemptions that are required under the law relating to planning to permit the use of the proposed premises for the sale of liquor have been obtained. (b) may include a statement of conditions to which, in the opinion of the licensing authority, the licence should be subject on the addition of the premises (either in addition to, or in substitution for, existing conditions of the licence). (a) a certificate has been granted under subsection (1); and (ii) that the premises have been completed in accordance with plans approved by the licensing authority on the grant of the certificate or a variation of those plans later approved by the licensing authority, the new premises must be added to the licence and, if the certificate of approval provides for the addition or substitution of conditions, the licence then becomes subject to the new conditions in accordance with the terms of the certificate. (4) A transaction under which the holder of a certificate of approval agrees to the transfer of the certificate for a monetary or other consideration is void unless the proposed transfer is to a close associate. Division 5—Transfer of licence 63—Applicant for transfer must be fit and proper person (1) An applicant for the transfer of a licence must satisfy the licensing authority— (a) that the applicant is a fit and proper person to hold the licence; and (b) where the applicant is a trust or corporate entity—that each person who occupies a position of authority in the entity is a fit and proper person to occupy such a position in an entity holding a licence of the class to which the application relates. (2) If a person referred to in subsection (1) is to supervise or manage, or be actively involved in the supervision or management of, the business conducted under the licence but does not have the appropriate knowledge, experience and skills for that purpose, the licensing authority may nevertheless transfer the licence and impose a condition of the licence that the person undertake specified accredited training within a specified time after the transfer of the licence. (3) A club licence or a short term licence is not transferable. 64—Limitation on sale or assignment of rights under licence (1) A licensee cannot sell or assign rights to carry on business under the licence unless the transfer of the licence to the purchaser or assignee has been approved by the licensing authority. (2) This section does not prevent a licensee from entering into a contract for the sale or assignment of rights to carry on business under the licence if the contract is subject to a condition precedent under which the sale or assignment will not take effect unless and until the transfer of the licence to the purchaser or assignee has been approved by the licensing authority. 65—Transferee to succeed to transferor's liabilities and rights (1) Where a licence is transferred, the transferee succeeds to the liabilities of the transferor under this Act. (3) If a licence authorising the sale of liquor produced by the licensee is transferred, the transferee may sell, under the licence, liquor produced by the transferor before the date of the transfer as if it had been produced by the transferee. Division 5A—Special provision relating to amalgamation of certain clubs 65A—Special provision relating to amalgamation of certain clubs (a) 2 or more associations incorporated under the Associations Incorporation Act 1985 that each hold a club licence (the amalgamating clubs) amalgamate under that Act as a single incorporated association; and (b) the single incorporated association is to carry on business at the licensed premises in respect of the licence of 1 of the amalgamating clubs, the Commissioner may, on application on behalf of the amalgamating clubs— (c) revoke the licence of 1 or more of the amalgamating clubs; and (d) issue a replacement copy of the licence in the name of the single incorporated association of the club at whose premises the single incorporated association is to carry on business. (2) Subject to the regulations, this Part, other than sections 51, 52A, 53, 55, 56 and 59A, does not apply to an application under this section. Division 6—Voluntary suspension and revocation of licence 66—Suspension and revocation of licence (1) The Commissioner may, on the application of a licensee, suspend the licence held by that licensee. (2) A suspension— (a) may be made for a specified period or until revoked by a licensing authority; and (b) may operate generally or in relation to a particular part of the licensed premises or a particular aspect of the licensee's business. (3) The Commissioner may revoke a licence if it appears that the licensee has ceased to carry on business under the licence. 67—Surrender of licence (1) A licensee may, by written agreement with the Commissioner, surrender the licence as from a date fixed in the agreement. (2) Before agreeing to the surrender of a licence, the Commissioner must inquire into the proposed use of the premises to which the licence applies. (3) The surrender of a licence does not affect liabilities incurred by the licensee under this Act up to the date on which the surrender takes effect.