50Refusal to grant or renew tobacco licence

50 Refusal to grant or renew tobacco licence (1) The commissioner must not grant or renew a tobacco licence if the commissioner is satisfied, on reasonable grounds, that— (a) if the applicant holds another licence—the licence applied for would authorise the sale of smoking products at premises while, under a variation of the other licence under section 58 (2) (a), the sale of smoking products at the premises has been prohibited. (b) the applicant holds another licence that is currently suspended under section 58 (2) (b); or (c) the applicant is disqualified under section 58 from holding a tobacco licence (other than a disqualification relating to particular premises); or (d) the licence would be a licence for particular premises and the applicant is disqualified under section 58 from holding a licence for those premises. (2) The commissioner may refuse to grant or renew a tobacco licence to an applicant if the commissioner is satisfied, on reasonable grounds, that— (a) the applicant does not sufficiently understand the obligations under this Act of a licensee; or (b) within the period of 2 years immediately preceding the date when the application is made, 2 offences relating to the sale or supply of smoking products to a person under the age of 18 have been found proved, in the Territory or elsewhere, in respect of the applicant; or (c) the ACAT would have grounds, if the applicant already held a licence, for cancelling the licence.

(3) For subsection (2) (b), it is immaterial that a conviction was not recorded against the applicant in respect of any offence mentioned in the paragraph. (4) In subsections (1), (2) and (3), a reference to an applicant for a licence includes— (a) if the applicant is a corporation—a reference to any director, secretary or other officer of the corporation; and (b) in any case—a reference to any person who would be concerned in the direction, management or control of the business that would use, or operate under, the licence. (5) If the commissioner refuses to grant or renew a tobacco licence under this section, the commissioner must refund to the applicant any fee paid in relation to the application.