Tobacco and Other Smoking Products Act 1998
sec.20Criteria for grant
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sec.20 Criteria for grant
The chief executive may grant an application for a retail or wholesale licence only if satisfied— if the application is made by a partnership—each partner is a fit and proper person to be a licensee; or otherwise—the applicant is a fit and proper person to be a licensee. However, the chief executive must grant an application for a retail licence (liquor) if the applicant is the liquor licensee for the liquor licensed premises at which smoking products are proposed to be sold. Subsection (2) does not apply if— a retail licence (liquor) for the liquor licensed premises has ever been cancelled; or the liquor licence for the liquor licensee is suspended. The chief executive must refuse to grant an application for a retail licence (liquor) if— the applicant is not the liquor licensee for the liquor licensed premises at which smoking products are proposed to be sold; or the liquor licence for the liquor licensee is not in force when the application is considered. A limited wholesale condition may only be granted for a retail licence if— retail sales are the primary activity of the business to which the licence relates; and the retail outlet for the licence is not a liquor licensed premises. s 20 ins 2023 No. 16 s 7 (sec.20-ssec.1) The chief executive may grant an application for a retail or wholesale licence only if satisfied— if the application is made by a partnership—each partner is a fit and proper person to be a licensee; or otherwise—the applicant is a fit and proper person to be a licensee. (sec.20-ssec.2) However, the chief executive must grant an application for a retail licence (liquor) if the applicant is the liquor licensee for the liquor licensed premises at which smoking products are proposed to be sold. (sec.20-ssec.3) Subsection (2) does not apply if— a retail licence (liquor) for the liquor licensed premises has ever been cancelled; or the liquor licence for the liquor licensee is suspended. (sec.20-ssec.4) The chief executive must refuse to grant an application for a retail licence (liquor) if— the applicant is not the liquor licensee for the liquor licensed premises at which smoking products are proposed to be sold; or the liquor licence for the liquor licensee is not in force when the application is considered. (sec.20-ssec.5) A limited wholesale condition may only be granted for a retail licence if— retail sales are the primary activity of the business to which the licence relates; and the retail outlet for the licence is not a liquor licensed premises.
- (a) if the application is made by a partnership—each partner is a fit and proper person to be a licensee; or
- (b) otherwise—the applicant is a fit and proper person to be a licensee.
- (a) a retail licence (liquor) for the liquor licensed premises has ever been cancelled; or
- (b) the liquor licence for the liquor licensee is suspended.