LIQUOR ACT 2010 - SECT 41 Licence—decision on application to transfer licence

LIQUOR ACT 2010 - SECT 41

    (1)     This section applies if the commissioner receives an application to transfer a licence under section 40.

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

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

              (i)     the proposed new licensee;

              (ii)     each close associate of the proposed new licensee;

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

              (iv)     if someone other than the proposed new 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

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

        (c)     the proposed new licensee complies, and is likely to continue to comply, with the requirements of this Act.

Note 1     Suitable person , to hold a licence or permit—see s 67.

Note 2     In making this decision, the commissioner must have regard to the harm minimisation and community safety principles (see s 10).

Note 3     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 for transfer; and

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

    (4)     In this section:

"required time" means the latest of the following:

        (a)     if the commissioner requires the proposed new 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;

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

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

, s 12).