36Issue of interim restaurant authorisation to applicants for restaurant licence

36 Issue of interim restaurant authorisation to applicants for restaurant licence

36 Issue of interim restaurant authorisation to applicants for restaurant licence

(1) A person who makes an application for an on-premises licence relating to a restaurant is, when the application is made, to be issued with an interim restaurant authorisation by the Secretary if—

(a) the application is made online, and

(b) the application is not required to be accompanied by statement of risks and potential effects under the Act, section 72I, and

(c) the application is, except to the extent provided by this clause, made in accordance with sections 40 and 41 of the Act, and

(d) any planning approval required to use the premises for the purposes of a restaurant is in force, and

(e) the application for the planning approval was subject to a public consultation process under the Environmental Planning and Assessment Act 1979 and indicated that the premises are intended to operate as a licensed restaurant.

(2) However, the person making the licence application is not to be issued with an interim restaurant authorisation in respect of the premises to which the application relates if—

(a) any interim restaurant authorisation issued under this clause in respect of the premises has been revoked during the period of 12 months before the date on which the licence application is made, or

(b) an application for an on-premises licence in respect of the premises has been refused during that 12-month period.

(3) The Secretary may, by notice in writing to the person making the licence application, require the person to provide such information as the Secretary requires in relation to matters referred to in subclause (1). If any such information is not provided within 30 days from the giving of the notice the Secretary may revoke the interim restaurant authorisation issued to the person.

(4) If—

(a) an application for an on-premises licence relating to a restaurant was made in accordance with the Act before the commencement of this clause but was not determined before that commencement, and

(b) the application was not required to be accompanied by statement of risks and potential effects under the Act, section 72I, and