Subdiv 3Short term licence

Subdivision 3—Short term licence 40—Short term licence (1) Subject to this Act, a short term licence authorises— (a) the licensee to sell or supply liquor; or (b) the consumption of liquor, in accordance with the conditions of the licence, in circumstances in which the sale, supply or consumption of liquor would otherwise be unlawful. (2) A short term licence may only be granted for an event or occasion or series of events or occasions. (3) The Commissioner may, in the Commissioner's absolute discretion, grant or refuse to grant a short term licence subject to such conditions as the Commissioner thinks fit. (4) However, the Commissioner must refuse to grant a short term licence if satisfied that to grant the licence would be contrary to the public interest or would be inconsistent with the objects of the Act. (5) The Commissioner may, by written notice to the licensee, in the Commissioner's absolute discretion— (a) vary or revoke a condition of a short term licence (other than a mandatory condition under section 42) or impose further conditions on the licence; or (b) revoke a short term licence if the Commissioner is satisfied that— (i) it is in the public interest; or (ii) there is some other proper reason, to revoke the licence. (6) No civil liability attaches to the Commissioner or the Crown in respect of the revocation of a short term licence in good faith under this section. (7) The conditions of a short term licence may classify the licence for the purposes of the application of the Commissioner's codes of practice (and that classification may be varied by the Commissioner from time to time). (8) The regulations may make further provision in relation to short term licences, including— (a) providing for the classes of short term licences; and (b) prescribing requirements relating to applications for each class of short term licence; and (c) prescribing fees for each class of short term licence, including, in the case of a short term licence for a term of more than 1 year, an ongoing or annual fee; and (d) prescribing requirements in relation to fees in respect of short term licences, including by providing for the cancellation of a short term licence if a fee in respect of the licence is not paid by the date on which the fee is due; and (e) providing for the maximum term for which each class of short term licence may be granted, provided that the regulations cannot provide for any short term licence to be of a term of more than 5 years; and (f) providing that a provision of Part 4 does not apply, or applies with prescribed variations, to an application for, or in relation to, a short term licence. (9) Without limiting subsection (8), regulations made for the purposes of that subsection may provide for a matter referred to in subsection (8) to be determined according to— (a) the trade to be authorised by the licence; or (b) the type and duration of any event or events to be held under the licence; or (c) the resources related to the administration or enforcement of the Act in connection with the licence; or (d) any other matter, and for a matter to be determined according to the discretion of the Commissioner. (10) Without limiting subsection (8)(c), section 50A does not apply to an application for, or in relation to, a short term licence.