sec.7Circumstances in which commissioner may approve premises as detached bottle shop

### sec.7 Circumstances in which commissioner may approve premises as detached bottle shop The commissioner may approve premises, as mentioned in section 60 (1) (d) of the Act , only if— the applicant is the licensee of licensed premises (the main licensed premises ); and the proposed detached bottle shop— is not more than 10km by road from the main licensed premises; and has a floor area of not more than 150m 2 ; and does not have direct access from any other business premises; and has direct access from a public place; and does not have a facility ordinarily known as a drive-in or drive through; and the applicant has no more than 2 detached bottle shops for the main licensed premises; and the applicant satisfies the commissioner that— conducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and only the applicant has a right to occupy— if the detached bottle shop will occupy the entire premises—the premises; or if the detached bottle shop will occupy only part of the premises—the part of the premises; and the same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and the applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and the licensee’s principal place of business will be the main licensed premises. For subsection (1) (b) (i) , a proposed detached bottle shop is not more than 10km by road from the main licensed premises if either of the following distances is 10km or less— the distance measured between— the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; the distance measured between— the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop. A distance mentioned in subsection (2) must be measured using the shortest route that may be taken driving a motor vehicle in compliance with the relevant laws of the State and local laws. Subsection (1) (b) (i) does not apply if the applicant satisfies the commissioner that— the proposed detached bottle shop will— be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and primarily service the residents of the locality; and because of the locality’s population or projected population, the locality is not likely to attract the establishment of licensed premises other than a detached bottle shop. a small rural community more than 10km from the nearest premises from which takeaway liquor is sold to the public Subsection (6) applies if the proposed detached bottle shop will occupy only a part of the premises and there is a condition in the applicant’s tenancy agreement for the part of the premises that the owner of the premises will not grant anyone else the right to occupy another part of the premises as a detached bottle shop. The applicant must satisfy the commissioner that the applicant did not ask the owner to include the condition in the agreement. s 7 amd 2008 SL No. 418 s 7 ; 2012 SL No. 248 s 18 ; 2013 SL No. 34 s 3 (sec.7-ssec.1) The commissioner may approve premises, as mentioned in section 60 (1) (d) of the Act , only if— the applicant is the licensee of licensed premises (the main licensed premises ); and the proposed detached bottle shop— is not more than 10km by road from the main licensed premises; and has a floor area of not more than 150m 2 ; and does not have direct access from any other business premises; and has direct access from a public place; and does not have a facility ordinarily known as a drive-in or drive through; and the applicant has no more than 2 detached bottle shops for the main licensed premises; and the applicant satisfies the commissioner that— conducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and only the applicant has a right to occupy— if the detached bottle shop will occupy the entire premises—the premises; or if the detached bottle shop will occupy only part of the premises—the part of the premises; and the same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and the applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and the licensee’s principal place of business will be the main licensed premises. (sec.7-ssec.2) For subsection (1) (b) (i) , a proposed detached bottle shop is not more than 10km by road from the main licensed premises if either of the following distances is 10km or less— the distance measured between— the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; the distance measured between— the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop. (sec.7-ssec.3) A distance mentioned in subsection (2) must be measured using the shortest route that may be taken driving a motor vehicle in compliance with the relevant laws of the State and local laws. (sec.7-ssec.4) Subsection (1) (b) (i) does not apply if the applicant satisfies the commissioner that— the proposed detached bottle shop will— be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and primarily service the residents of the locality; and because of the locality’s population or projected population, the locality is not likely to attract the establishment of licensed premises other than a detached bottle shop. a small rural community more than 10km from the nearest premises from which takeaway liquor is sold to the public (sec.7-ssec.5) Subsection (6) applies if the proposed detached bottle shop will occupy only a part of the premises and there is a condition in the applicant’s tenancy agreement for the part of the premises that the owner of the premises will not grant anyone else the right to occupy another part of the premises as a detached bottle shop. (sec.7-ssec.6) The applicant must satisfy the commissioner that the applicant did not ask the owner to include the condition in the agreement. - (a) the applicant is the licensee of licensed premises (the main licensed premises ); and - (b) the proposed detached bottle shop— (i) is not more than 10km by road from the main licensed premises; and (ii) has a floor area of not more than 150m 2 ; and (iii) does not have direct access from any other business premises; and (iv) has direct access from a public place; and (v) does not have a facility ordinarily known as a drive-in or drive through; and - (i) is not more than 10km by road from the main licensed premises; and - (ii) has a floor area of not more than 150m 2 ; and - (iii) does not have direct access from any other business premises; and - (iv) has direct access from a public place; and - (v) does not have a facility ordinarily known as a drive-in or drive through; and - (c) the applicant has no more than 2 detached bottle shops for the main licensed premises; and - (d) the applicant satisfies the commissioner that— (i) conducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and (ii) only the applicant has a right to occupy— (A) if the detached bottle shop will occupy the entire premises—the premises; or (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and (iii) the same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and (iv) the applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and (v) the licensee’s principal place of business will be the main licensed premises. - (i) conducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and - (ii) only the applicant has a right to occupy— (A) if the detached bottle shop will occupy the entire premises—the premises; or (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and - (A) if the detached bottle shop will occupy the entire premises—the premises; or - (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and - (iii) the same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and - (iv) the applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and - (v) the licensee’s principal place of business will be the main licensed premises. - (i) is not more than 10km by road from the main licensed premises; and - (ii) has a floor area of not more than 150m 2 ; and - (iii) does not have direct access from any other business premises; and - (iv) has direct access from a public place; and - (v) does not have a facility ordinarily known as a drive-in or drive through; and - (i) conducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and - (ii) only the applicant has a right to occupy— (A) if the detached bottle shop will occupy the entire premises—the premises; or (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and - (A) if the detached bottle shop will occupy the entire premises—the premises; or - (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and - (iii) the same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and - (iv) the applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and - (v) the licensee’s principal place of business will be the main licensed premises. - (A) if the detached bottle shop will occupy the entire premises—the premises; or - (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and - (a) the distance measured between— (i) the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and (ii) the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; - (i) the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and - (ii) the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; - (b) the distance measured between— (i) the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and (ii) the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop. - (i) the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and - (ii) the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop. - (i) the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and - (ii) the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; - (i) the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and - (ii) the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop. - (a) the proposed detached bottle shop will— (i) be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and (ii) primarily service the residents of the locality; and - (i) be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and - (ii) primarily service the residents of the locality; and - (b) because of the locality’s population or projected population, the locality is not likely to attract the establishment of licensed premises other than a detached bottle shop. - (i) be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and - (ii) primarily service the residents of the locality; and