Australian Capital Territory Consolidated Acts

LIQUOR ACT 1975 - SECT 84

    (1)     Each of the following is a ground for occupational discipline in relation to a licensee:

        (a)     the licensee has contravened, or is contravening, a provision of this Act;

        (b)     the licensee has allowed the licensed premises to be used in a way that causes undue disturbance or inconvenience to people lawfully on the premises;

        (c)     the licensee has allowed the licensed premises to be used in a way that causes undue disturbance or inconvenience to people occupying premises in the neighbourhood;

        (d)     the licensed premises do not comply with the licensing standards manual;

        (e)     the licensee's conduct of the licensed premises has not complied with the manual;

        (f)     the licensee has, in the licensed premises, created a fire hazard to life or property or allowed the hazard to develop;

        (g)     a loss of amenity has arisen in the vicinity of the licensed premises that is attributable to the premises and about which there has been a complaint;

        (h)     a licensee has allowed people to smoke in a part of the licensed premises that is an enclosed public place;

              (i)     the licensee has failed to take reasonable steps to prevent smoke from another area occupied by the licensee entering an enclosed public place;

        (j)     there are grounds to suspend the licensee's licence;

        (k)     the licensee is not a suitable person to hold a licence;

Note     For what to consider in deciding whether a licensee is suitable, see s (3).

        (l)     the licensed premises are not suitable for the purposes of the licence.

Note     For what to consider in deciding whether premises are is suitable, see s (4).

    (2)     There are grounds to suspend a licence if—

        (a)     the licensee has contravened—

              (i)     a direction; or

              (ii)     a training condition, or requirement, imposed under section 53, section 65, section 70 or section 75 (which are about training on the issue or transfer of licences, partnership change or the change of an influential person); and

        (b)     it is in the public interest to suspend the licence; and

        (c)     it is not appropriate to cancel the licence.

    (3)     In deciding whether a licensee is a suitable person to hold a licence, the ACAT must consider the following:

        (a)     if the licence has previously been suspended for the contravention of a direction—whether, after the end of the period of suspension the licensee has again contravened that direction, or has contravened a direction to the same or similar effect;

        (b)     whether the licensee has been convicted of a defined offence;

        (c)     whether the licensee is bankrupt;

        (d)     if the licensee is a corporation—

              (i)     whether the corporation has been placed in liquidation; or

              (ii)     whether, in consideration of the matters mentioned in paragraphs (b) or (c) or otherwise, any defined influential person in relation to the corporation would not be a suitable person to hold a licence.

    (4)     In deciding whether premises are suitable for the purpose of the licence, the ACAT must consider the following:

        (a)     whether the licensed premises comply with the licensing standards manual;

        (b)     whether the licensee's conduct of the licensed premises has complied with the manual.

    (5)     In this section:

"enclosed public place"—see the Smoking (Prohibition in Enclosed Public Places) Act 2003 , dictionary.

"smoke"—see the Smoking (Prohibition in Enclosed Public Places) Act 2003 , dictionary.