LIQUOR ACT 2010 - SECT 27 Licence—decision on application

LIQUOR ACT 2010 - SECT 27

    (1)     This section applies if the commissioner receives an application for a licence under section 25.

    (2)     The commissioner must issue the licence to the proposed licensee only if satisfied that—

        (a)     if the proposed licensee is an individual—the proposed licensee is an adult; and

        (b)     each of the following people is a suitable person to hold the licence:

              (i)     the proposed licensee;

              (ii)     each close associate of the proposed licensee;

              (iii)     if the proposed licensee is a corporation—each influential person for the proposed licensee;

              (iv)     if someone other than the proposed licensee is to have day-to-day control of the business operated under the licence—each person who is to have day-to-day control; and

        (c)     if the commissioner requires the proposed licensee to give information about another person under section 71 (2) (c)—the information does not affect the proposed licensee's suitability to hold the licence; and

        (d)     for a licence other than a catering licence—the proposed licensed premises are suitable premises for the licence; and

        (e)     the proposed licensee complies, and is likely to continue to comply, with the requirements of this Act; and

        (f)     for a licence other than a catering licence—the proposed licensed premises comply with the requirements of this Act.

Note 1     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

Note 2     Suitable person , to hold a licence or permit—see s 67.

"Suitable premises", for a licence or permit—see s 75.

Note 3     In making this decision, the commissioner must have regard to the harm minimisation and community safety principles (see s 10).

Note 4     A decision under this subsection is a reviewable decision (see s 220).

    (3)     The commissioner must, not later than the required time—

        (a)     decide the application; and

        (b)     tell the proposed licensee about the decision on the application.

    (4)     In this section:

"required time" means the latest of the following:

        (a)     if the commissioner receives a representation about a person or premises under section 35 (Licence—representations)—90 days after the commissioner receives the representation;

        (b)     if the commissioner requires the proposed licensee to provide a police certificate or other information under section 71 (Commissioner may require police certificate or information for person etc)—90 days after the day the commissioner receives the certificate or information;

        (c)     if the commissioner requires the proposed licensee to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—90 days after the day the commissioner receives the certificate, plan or information;

        (d)     if the commissioner asks the proposed licensee to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—90 days after the day the commissioner inspects the premises;

        (e)     90 days after the day the commissioner receives the application.

Note     Failure to issue a licence within the required time is taken to be a decision not to issue the licence (see ACT Civil and Administrative Tribunal Act 2008

, s 12).