130Provisional approval of applications to change boundaries of licensed restaurants for outdoor dining purposes

#### 130 Provisional approval of applications to change boundaries of licensed restaurants for outdoor dining purposes 130 Provisional approval of applications to change boundaries of licensed restaurants for outdoor dining purposes > > (1) A boundary change application for a licensed restaurant is, when the application is made, taken to be provisionally approved if— > > > > > (a) the application is made in a form and manner approved by the Secretary, and > > > > > (b) the applicant declares in the application that the area to which the application relates is to be used for outdoor dining and the sale of liquor with (or ancillary to) outdoor dining, and > > > > > (c) any approval by the local council that is required for the area to which the application relates to be used for outdoor dining has been obtained. > > > (2) A boundary change application for a licensed restaurant is taken not to be provisionally approved if— > > > > > (a) an extended trading authorisation or an authorisation under section 24(3) of the Act is in force in respect of the licensed restaurant, or > > > > > (b) (Repealed) > > > > > (c) the licensee or manager of the licensed restaurant has, in the previous 12 months, committed a demerit offence within the meaning of Part 9A of the Act. > > > (3) The provisional approval— > > > > > (a) operates to change the boundaries of the licensed premises during the period that the provisional approval is in force, and > > > > > (b) is subject to such conditions as may imposed by the Secretary, and > > > > > (c) may be revoked at any time by the Secretary. > > > (4) The provisional approval continues in force until— > > > > > (a) the provisional approval is revoked by the Secretary, or > > > > > (b) the boundary change application is determined by the Authority. > > > (5) The Secretary may waive a fee for a boundary change application that is taken to be provisionally approved. > > > (6) The Act, section 90B(4) does not apply to prevent the change of boundaries if the fee is waived. > > > (7) In this subclause— > > > > boundary change application means an application made under the Act, section 90B. > > > > licensed restaurant means licensed premises operating under the authority of an on-premises licence granted in respect of a restaurant. > > **cl 130:** Am 2020 No 40, Sch 1.2\[13\]; 2021 (77), Sch 1\[10\]; 2026 (8), Sch 1\[26\]–\[29\].