LIQUOR ACT 2010 - SECT 62 Permit—decision on application for renewal of non-commercial permit
LIQUOR ACT 2010 - SECT 62
Permit—decision on application for renewal of non-commercial permit(1) This section applies if the commissioner receives an application for renewal of a non-commercial permit under section 61.
(2) The commissioner must renew the permit only if satisfied that—
(a) each of the following people continues to be a suitable person to hold the permit:
(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 continue to hold the permit; and
(c) the permitted premises continue to be suitable premises for the permit.
Note 1 Suitable person
, to hold a licence or
permit—see s 67.
"Suitable premises", for a licence or
permit—see s 75.
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 renewal; and
(b) tell the permit-holder about the decision on the application.
(4) In this section:
required time is the latest of the following:
(a) if the commissioner requires the permit-holder 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) if the commissioner requires the permit-holder 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;
(c) if the commissioner asks the permit-holder 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;
(d) 30 days after the day the commissioner receives the application.
Note Failure to renew a permit within the required time is taken to be a decision not to renew the permit (see ACT Civil and Administrative Tribunal Act 2008
, s 12).