LIQUOR ACT 2010 - SECT 37 Licence—amendment initiated by commissioner

LIQUOR ACT 2010 - SECT 37

    (1)     The commissioner may, by written notice (an amendment notice ) given to a licensee, amend the licence if satisfied that—

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

              (i)     the licensee;

              (ii)     each close associate of the licensee;

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

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

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

        (c)     for a licence other than a catering licence—the licensed premises are suitable premises for the licence as amended.

Note 1     Amend includes amend, impose or remove a licence condition—see the dictionary.

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).

    (2)     However, the commissioner may amend the licence only if—

        (a)     the commissioner has given the licensee written notice (a  proposal notice ) of the proposed amendment; and

        (b)     the proposal notice states that written comments on the proposal may be made to the commissioner before the end of a stated period of at least 14 days after the day the proposal notice is given to the licensee; and

        (c)     after the end of the stated period, the commissioner has considered any comments made in accordance with the notice.

    (3)     Subsection (2) does not apply if the licensee applied for, or agreed in writing to, the amendment.

    (4)     The amendment takes effect on the day the amendment notice is given to the licensee or a later day stated in the notice.