Australian Capital Territory Consolidated Acts

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LIQUOR ACT 1975 - SECT 54

Issue and transfer of club licences—conditions

    (1)     The commissioner must not agree to the issue, or approve the transfer, of a club licence except to a club that is a corporation.

    (2)     The commissioner must not agree to the issue, or approve the transfer, of a club licence to a club unless—

        (a)     the club is established for the purpose of recreation or for promoting social, religious, political, literary, scientific, artistic, sporting or athletic purposes or other purposes approved by the Minister; and

        (b)     the constitution or rules of the club provide for the nomination or election of financial members (other than foundation members) and for the keeping of a record of each such nomination and election for a period not less than 2 years; and

        (c)     the constitution or rules of the club provide that a person who is not a member of the club must not be supplied with liquor on the premises of the club unless the person is on the premises of the club at the invitation of a member of the club who is present on the premises of the club; and

        (d)     the constitution or rules of the club provide that the club must hold a meeting of the members of the club once at least in every 3 calendar years for the purpose of electing members of a committee to manage the affairs of the club; and

        (e)     the constitution or rules of the club provide that the club must not make to any officer, member or employee of the club any payment by way of commission, profit or allowance from or on the receipts from the supply of liquor on the premises of the club.

    (3)     The commissioner must not agree to the issue of a club licence unless the applicant club, on the day immediately before the day when application was made for the licence, had not less than 200 financial members who were at least 18 years old.

    (4)     The commissioner must not approve the transfer of a club licence to a club unless the club, on the day immediately before the day when application was made for the transfer of the licence, had not less than 200 financial members who were at least 18 years old.

    (5)     If, in relation to premises situated on land held under a lease granted by or in the name of the Commonwealth, there is in force a general licence, the commissioner must not agree to the issue, or approve the transfer, of a club licence to a club if the premises of the club are situated on that land.

    (6)     Except with the consent of the commissioner, the constitution or rules of a club that is the holder of a club licence must not be amended in relation to—

        (a)     the objects of the club; or

        (b)     the admission of people to membership of the club; or

        (c)     the supply of liquor, on the premises of the club, to people who are not members of the club; or

        (d)     the holding of meetings of members of the club for the purpose of electing a committee to manage the affairs of the club; or

        (e)     the making of payments to officers, members or employees of the club by way of commission, profit or allowance from or on the receipts from the supply of liquor on the premises of the club.

    (7)     An amendment of the constitution or rules of a club made in contravention of subsection (6) is of no effect for any purpose.



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