Wine Industry Act 1994
sec.13Application for nominee for new licence or existing licence
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sec.13 Application for nominee for new licence or existing licence
The purpose of this section is to ensure there is an adult responsible for each licence and, if a licence relates to more than 1 place that comprise premises, a responsible individual for each premises to which the licence applies. An applicant for a licence must nominate an adult to be a nominee for the licence if— the applicant is a corporation, already a licensee, or is comprised of more than 1 person whether jointly or in partnership; or the application seeks an approval under section 15 (3) to sell wine at a satellite cellar door. An applicant for a licence, other than an applicant mentioned in subsection (2) , may also nominate an adult to be the nominee for the licence. Subsection (5) applies if— a nominee is required under subsection (2) ; and after the licence is granted, a nominee ceases to perform the role of a nominee; and there is no other nominee relating to the premises. The licensee must apply to nominate another adult as the nominee for the licence relating to the premises. Subsections (7) and (8) apply at any time after a licence is granted. The licensee must nominate an adult to be a nominee for the licence if the licensee applies for— an approval under section 15 (3) to sell wine at a satellite cellar door; or an approval under section 44 (2) to be absent from the management and control of the business for a continuous period of more than 28 days and there is no other nominee for the licence. A licensee may apply— for an adult to be the nominee for the licence relating to premises; or for an additional nominee relating to premises if it is a wine producer licence. If a licence states a person is a nominee for a licence relating to a satellite cellar door but not the main premises, the nominee is the nominee for the licence relating to the satellite cellar door stated in the licence. An adult may be nominated— as a nominee for a licence relating to more than 1 premises; and as a nominee for more than 1 licence. s 13 sub 2001 No. 40 s 10 amd 2008 No. 19 s 10 (sec.13-ssec.1) The purpose of this section is to ensure there is an adult responsible for each licence and, if a licence relates to more than 1 place that comprise premises, a responsible individual for each premises to which the licence applies. (sec.13-ssec.2) An applicant for a licence must nominate an adult to be a nominee for the licence if— the applicant is a corporation, already a licensee, or is comprised of more than 1 person whether jointly or in partnership; or the application seeks an approval under section 15 (3) to sell wine at a satellite cellar door. (sec.13-ssec.3) An applicant for a licence, other than an applicant mentioned in subsection (2) , may also nominate an adult to be the nominee for the licence. (sec.13-ssec.4) Subsection (5) applies if— a nominee is required under subsection (2) ; and after the licence is granted, a nominee ceases to perform the role of a nominee; and there is no other nominee relating to the premises. (sec.13-ssec.5) The licensee must apply to nominate another adult as the nominee for the licence relating to the premises. (sec.13-ssec.6) Subsections (7) and (8) apply at any time after a licence is granted. (sec.13-ssec.7) The licensee must nominate an adult to be a nominee for the licence if the licensee applies for— an approval under section 15 (3) to sell wine at a satellite cellar door; or an approval under section 44 (2) to be absent from the management and control of the business for a continuous period of more than 28 days and there is no other nominee for the licence. (sec.13-ssec.8) A licensee may apply— for an adult to be the nominee for the licence relating to premises; or for an additional nominee relating to premises if it is a wine producer licence. (sec.13-ssec.9) If a licence states a person is a nominee for a licence relating to a satellite cellar door but not the main premises, the nominee is the nominee for the licence relating to the satellite cellar door stated in the licence. (sec.13-ssec.10) An adult may be nominated— as a nominee for a licence relating to more than 1 premises; and as a nominee for more than 1 licence.