Part 4Applications and submissions

Part 4—Applications and submissions Division 1—Formal requirements 51—Form of applications (1) An application to a licensing authority— (a) must be made in a manner and form approved by the Commissioner; and (b) must be accompanied by the plans and specifications required under the regulations and any documents or material required by the Commissioner; and (c) if a time limitation is prescribed by the regulations—must be made within the prescribed time; and (d) must be accompanied by the fee required under the regulations. (2) An applicant or other person who makes a false or deliberately misleading statement in, or in support of, an application is guilty of an offence. (3) A licensing authority may allow an applicant to vary the application at any time before the application is decided. (4) If a licensing authority allows variation of an application, the authority must ensure that the other parties to the application and any person who made written submissions in relation to the application are given notice of the variation a reasonable time before the hearing or determination of the application. (5) An applicant must, at the request of the licensing authority, produce any document or material, or any other information, that the authority considers relevant to the application. 51A—Applications to be given to Commissioner of Police (1) This section applies to an application for— (a) the grant of a licence (other than a temporary licence); or (b) the transfer of a licence; or (c) approval of a person or persons as a responsible person or responsible persons for a business under a licence; or (d) approval of a person to assume a position of authority in a trust or corporate entity that holds a licence; or (e) the conversion of a temporary licence into a permanent licence; or (f) approval of an agreement or arrangement under which an unlicensed person may participate in the proceeds of the business carried on under a licence. (2) The Commissioner must give a copy of an application to which this section applies to the Commissioner of Police at least 28 days before the day appointed for the hearing or determination of the application, unless it is not reasonably practicable for the Commissioner to do so. (2a) The Commissioner may give a copy of any other application to the Commissioner of Police. (3) As soon as reasonably practicable following receipt of an application under subsection (2) or (2a), the Commissioner of Police— (a) must make available to the Commissioner information about criminal convictions; and (b) may make available to the Commissioner other information to which the Commissioner of Police has access, relevant to whether the application should be granted. 52—Certain applications to be advertised (1) This section applies to applications for— (a) the grant of a licence (other than a temporary licence); (b) the transfer of a licence; (c) the removal of a licence; (e) the conversion of a temporary licence into a permanent licence; (f) a condition under section 36(2) authorising sale of liquor under a club licence for consumption off the licensed premises; (g) consent of the licensing authority under section 105; (h) the variation of trading hours previously fixed in relation to the licence, other than a variation to which section 50B(a) applies. (2) Notice of an application to which this section applies must be given, in accordance with the regulations, to members of the public by notice placed on the licensed premises or, in the case of proposed licensed premises, on the relevant land, so as to be clearly visible to, and legible by, persons passing the premises or land. (2aa) If an application to which this section applies seeks authorisation for an activity at, or use of, premises that does not also require an approval, consent or exemption under the law relating to planning or carrying out building work, the applicant may serve the application on the council for the area in which the premises are situated (even if the licensing authority has not given a direction that that council be notified of the application under subsection (3)). (2a) A notice under subsection (2) must specify that the application and certain documents and material relevant to the application may be inspected at a place and during a period specified by the Commissioner. (2b) The Commissioner must ensure that a copy of a notice under subsection (2) is published on a website maintained by the Commissioner. (3) The licensing authority— (a) may, in an appropriate case, dispense with, or modify, a requirement of this section; or (b) may direct that— (i) notice be given under this section of other applications to the authority; or (ii) notice be given to specified authorities and persons in addition to the notice specifically required by this section. 52A—Confidentiality of certain documents and material relevant to application (1) Subject to this section, the Commissioner must make available for inspection an application required to be advertised under this Act and any documents and material produced to the licensing authority under this Act relevant to the application. (2) The Commissioner may, in his or her absolute discretion, exclude from inspection information that the Commissioner considers to be— (a) personal information of a confidential nature; or (b) information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or (c) information the disclosure of which would, or could reasonably be expected to, prejudice the commercial position of a person or confer a commercial advantage on a person; or (d) information the disclosure of which would be contrary to the public interest for any other reason. (3) A person who inspects an application, a document or material under this section must not use information contained in the application, document or material for a purpose other than making written submissions in relation to the application, or intervening in proceedings, under this Act and must not disclose that information to another person except for that purpose. (4) A person who gains access to information (whether properly or improperly and whether directly or indirectly) as a result of the inspection of an application, a document or material under this section by another person must not use the information for a purpose other than that for which the person inspecting the application, document or material may lawfully use it. Division 2—General powers and discretions of licensing authority 53—Discretionary powers of licensing authority (1) Subject to this Act, the licensing authority has an unqualified discretion to grant or refuse an application under this Act on any ground, or for any reason, the licensing authority considers sufficient (but is not to take into account an economic effect on other licensees in the locality affected by the application). (1aa) Subject to this Act, the Commissioner has an absolute discretion to grant or refuse an application for a small venue licence on any ground, or for any reason, the Commissioner considers sufficient (but is not to take into account an economic effect on other licensees in the locality affected by the application). (1a) An application must be refused if the licensing authority is satisfied that to grant the application would be contrary to the public interest. (1b) The licensing authority must refuse to grant an application for a licence, or for the removal of a licence, if the licensing authority is satisfied that to grant the application would be inconsistent with the objects of the Act. (2) A licensing authority should not grant an application as a matter of course without proper inquiry into its merits, taking into account the operation of Division 13. (2a) A licensing authority may— (a) grant an application on an interim basis; (b) specify that a condition of a licence, permit or approval is to be effective for a specified period, and, in consequence, may give any necessary procedural directions in the matter. (3) A licensing authority may, on such conditions (if any) as it thinks fit, vary or waive compliance with formal requirements relating to an application or the payment of fees relating to the grant of the application. (4) If a licensing authority considers that an applicant should satisfy the licensing authority as to a certain matter for the purposes of determining the application, the licensing authority may, if the licensing authority thinks fit, nevertheless grant the application on the condition that the applicant satisfies the licensing authority as to the matter within a period determined by the licensing authority. (5) If a licence, permit or approval is granted on a condition under subsection (4), the licensing authority may, on failure by the applicant to comply with the condition, revoke the licence, permit or approval, or suspend the licence, permit or approval until further order. (6) A licensing authority may in proceedings accept an undertaking from a party to, or another person involved in, the proceedings in relation to the conduct of the proceedings and, on failure by the party or other person to fulfil the undertaking, refuse to hear the party or other person further in the proceedings subject to any further order of the licensing authority. 53A—Licensing authority to be satisfied that designated application is in community interest (1) The licensing authority may only grant a designated application if the licensing authority is satisfied that granting the designated application is in the community interest. (2) Without limiting subsection (1), in determining whether or not a designated application is in the community interest, the licensing authority— (a) must have regard to— (i) the harm that might be caused (whether to a community as a whole or a group within a community) due to the excessive or inappropriate consumption of liquor; and (ii) the cultural, recreational, employment or tourism impacts; and (iii) the social impact in, and the impact on the amenity of, the locality of the premises or proposed premises; and (iv) any other prescribed matter; and (b) must apply the community impact assessment guidelines. (3) The applicant in respect of a designated application must comply with any requirements set out in the community impact assessment guidelines, and any other requirements specified by the licensing authority for the purposes of this section. designated application means— (a) an application for the grant or removal of a designated licence; or (b) any other application that the licensing authority has determined, in accordance with the community impact assessment guidelines, to be a designated application for the purposes of this section. 53B—Community impact assessment guidelines (1) The Commissioner must, by notice in the Gazette, publish guidelines for the purposes of determining— (a) whether or not an application is a designated application for the purposes of section 53A; and (b) whether or not a designated application is in the community interest, (the community impact assessment guidelines). (2) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a notice under this section. (3) Without limiting section 53A(1) or (2)(a), the community impact assessment guidelines may provide for— (a) matters relevant to an assessment of the likely impacts of a designated application on a community; and (b) any other matter considered appropriate by the Commissioner. (4) The community impact assessment guidelines may set out requirements that apply to a designated application for the purposes of section 53A, including requirements that the applicant— (a) provide documents, material or other information; and (b) take certain steps or undertake consultation in accordance with the guidelines. (5) The provisions of the community impact assessment guidelines may be of general, limited or varied application according to— (a) the class of designated application or licence; or (b) the circumstances; or (c) any other specified factor, to which the provision is expressed to apply. 54—Order for determining applications The order in which applications for new licences are determined must be consistent with the requirements of the regulations. 55—Provisions governing whether person is fit and proper (a1) A person is not a fit and proper person to hold a licence if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) in the case of a body corporate— (i) the body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or (ii) the body corporate is a prescribed organisation; or (c) in the case of a natural person, the person— (i) is— (A) a member of a prescribed organisation; or (B) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (ii) is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (a2) A person is not a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) the person is— (i) a member of a prescribed organisation; or (ii) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (c) the person is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (1) In deciding whether a person is a fit and proper person for a particular purpose under this Act, a licensing authority must take into consideration— (a) the reputation, honesty and integrity (including the creditworthiness) of the person; and (b) the reputation, honesty and integrity of people with whom the person associates; and (c) if the person is a body corporate—whether the body corporate is being wound up or is under official management or in receivership; and (d) any other factor relevant to the particular purpose to which the decision relates, including any relevant offence of which the person has been convicted or found guilty. A relevant factor might, for example, be that a person (or, if the person is a body corporate, a director of the body corporate) has been a director of a number of bodies corporate wound up for the benefit of creditors. (2) If a licensing authority is to decide whether a person is a fit and proper person to supervise or manage, or to be involved in the supervision or management of, the business conducted or to be conducted under a licence, the licensing authority must also give consideration to— (a) whether the person has the appropriate knowledge, experience and skills for the purpose; and (b) in particular—whether the person has knowledge, experience and skills in encouraging the responsible supply and consumption of liquor. (3) For the purposes of determining whether a person is a fit and proper person for a particular purpose under this Act, the Commissioner may cause the person's photograph and fingerprints to be taken. close associate—see subsection (5); prescribed organisation—the following are prescribed organisations: (a) a declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008; (b) a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935; (c) any other organisation prescribed by the regulations for the purposes of this definition. (5) For the purposes of this section, 2 persons are close associates if— (a) 1 is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are related bodies corporate; or (e) 1 has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or (f) 1 is in a position to exercise control or significant influence over the conduct of the other. (6) For the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person. Division 3—Application for new licence 56—Applicant to be fit and proper person (1) An applicant for a licence must satisfy the licensing authority— (a) that the applicant is a fit and proper person to hold the licence; and (b) if 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 sought in the application. (1a) Subsection (1) does not apply to an applicant for a club licence if the applicant informs the licensing authority of each member of the committee of management of the club and provides the information required by the licensing authority (in a form approved by the licensing authority) about each member. (1b) If the licensing authority considers that a member of the committee of management of a club to which subsection (1a) applies is not a fit and proper person to be in a position of authority in the club, the licensing authority— (a) must notify the applicant as soon as is reasonably practicable that the person must be removed from the committee of management; and (b) may grant the licence on the condition that the club will immediately take action to have the person removed from the committee of management. (2) If a person referred to in subsection (1) or a member of the committee of management of a club to which subsection (1a) applies 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 grant the licence on the condition that the person undertake specified training within a specified time after the grant of the licence. 57—Requirements for premises (1) An applicant for a licence for premises or proposed premises must satisfy the licensing authority— (a) that the premises for which the licence is sought are, or, in the case of premises not yet constructed, will be, of sufficient standard for the purpose of properly carrying on business under the licence; and (b) that the operation of 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. (1a) However, the licensing authority must, in respect of the operation of subsection (1)(b)(i), disregard any entertainment that may be provided on the premises without the consent of the licensing authority under section 105(2). (2) An application for a licence for premises or proposed premises must not 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 the carrying out of building work before 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) The licensing authority may dispense with the requirement that an applicant for a short term licence or packaged liquor sales licence that authorises the licensee to sell liquor only through direct sales transactions— (a) satisfy the licensing authority as to a matter referred to in this section; or (b) submit plans. 59—Certificate of approval for proposed premises (1) The licensing authority may refuse an application for a licence for proposed premises 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) must state the trading rights to be conferred by the licence and may state conditions to which the licence should be subject. (a) a certificate of approval has been granted; 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, a licence conferring the trading rights, and subject to the conditions, specified in the certificate must be granted to the holder of the certificate in respect of the premises. (4) A certificate under this section is, for the purposes of the provisions of this Act relating to the transfer of a licence, taken to be a licence. (5) 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. 59A—Licence fee payable on grant of licence (1) On the grant of a licence, a licence fee becomes payable to the Commissioner by the licensee. (3) In relation to the licence fee in respect of a licence— (a) the amount of the licence fee is a proportion of the annual fee for the licence, being the proportion that the number of months in the period from the grant of the licence until the end of the current annual fee period bears to 12 months (with part of a month being counted as a full month); and (b) the licence fee is payable within 28 days after the grant of the licence; and (c) if the trading hours or conditions of the licence are varied, or circumstances vary, in respect of trade during the current annual fee period such that the licence fee paid is less than the licence fee that would have been payable had the variations been taken into account in the calculation of the fee, the Commissioner may recalculate the licence fee and, by written notice, require the licensee to pay the difference on or before a date specified in the notice; and (d) if the licensee fails to pay the licence fee, or an amount under paragraph (c), within the period allowed, the licence is suspended until the fee or amount is paid; and (e) the Commissioner must notify the licensee in writing of the suspension of the licence. annual fee period—see section 50A. Division 4—Removal of licence 60—Premises to which licence is to be removed (1) An applicant for the removal of a licence to premises or proposed premises must satisfy the licensing authority— (a) that the premises to which removal of the licence is sought 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 removal of 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 removal of a licence to premises or proposed premises 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) The licensing authority may dispense with the requirement that an applicant for the removal of a packaged liquor sales licence that authorises the licensee to sell liquor only through direct sales transactions— (a) satisfy the authority as to a matter referred to in this section; or (b) submit plans. 62—Certificate of approval for removal of licence to proposed premises (1) The licensing authority may refuse an application for the removal of a licence to proposed premises 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 its removal (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 licence must be removed to the new premises 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. 62A—Removal of liquor production and sales licence in respect of outlet An application for removal of a liquor production and sales licence in respect of— (a) a production outlet to a different production outlet; or (b) a retail outlet to a different retail outlet; or (c) a wholesale outlet to a different wholesale outlet, is to be dealt with as an application for the removal of the licence to premises or proposed premises under this Division (even if the licence is not removed in respect of some other outlet).