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LIQUOR ACT 2010 - SECT 38 Licence—amendment on application by licensee

LIQUOR ACT 2010 - SECT 38

Licence—amendment on application by licensee

    (1)     A licensee may apply to the commissioner to amend the licence.

Note 1     If a form is approved under s 228 for an application, the form must be used.

Note 2     A fee may be determined under s 227 for this provision.

    (2)     A licensee must apply to the commissioner for amendment of the licence if someone else is to—

        (a)     become a close associate of the licensee; or

        (b)     if the licensee is a corporation—become an influential person for the licensee; or

        (c)     have day-to-day control of the business operated under the licence.

    (3)     If a licensee applies to the commissioner to amend an on licence from 1 subclass to another, the licensee must comply with the public consultation provisions in division 2.4 (Licences—public consultation).

Example—amendment from 1 subclass to another

Restaurant and cafe licence to nightclub licence

    (4)     The commissioner may amend the licence only 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 proposed licensee has, or is to have, day-to-day control of the business operated under the licence—a 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).

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

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

        (a)     decide the application for amendment; and

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

    (6)     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 licensee to provide a police certificate or other information under section 71 (Commissioner may require police certificate or information for person etc)—30 days after the day the commissioner receives the certificate or information;

        (c)     if the commissioner requires the licensee to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—30 days after the day the commissioner receives the certificate, plan or information;

        (d)     if the commissioner asks the licensee to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—30 days after the day the commissioner inspects the premises;

        (e)     30 days after the day the commissioner receives the application.

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

, s 12).