LIQUOR ACT 2010 - SECT 57 Permit—amendment initiated by commissioner

LIQUOR ACT 2010 - SECT 57

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

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

              (i)     the permit-holder;

              (ii)     each close associate of the permit-holder;

              (iii)     if the permit-holder is a corporation—each influential person for the permit-holder; and

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

        (c)     the permitted premises are suitable premises for the permit as amended.

Note 1     Amend includes amend, impose or remove a permit 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 permit only if—

        (a)     the commissioner has given the permit-holder 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 permit-holder; 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 permit-holder applied for, or agreed in writing to, the amendment.

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