(1) The Authority may, after considering an application for a licence and any
submissions received by the Authority in relation to the application, grant
the licence or refuse to grant the licence. The Authority may determine the
application whether or not the Secretary has provided a report in relation to
the application.
(2) The Authority may, in such circumstances as the
Authority considers appropriate, treat an application for a licence as having
been withdrawn.
(a) the applicant is a fit and proper person to
carry on the business or activity to which the proposed licence relates, and
(b) practices will be in place at the licensed premises as soon as the licence
is granted that ensure, as far as reasonably practicable, that liquor is sold,
supplied or served responsibly on the premises and that all reasonable steps
are taken to prevent intoxication on the premises, and that those practices
will remain in place, and
(c) if development consent is required under the
Environmental Planning and Assessment Act 1979 (or approval under Part 3A or
Part 5.1 of that Act is required) to use the premises for the purposes of the
business or activity to which the proposed licence relates--that development
consent or approval is in force.
(4) The regulations may also provide
mandatory or discretionary grounds for refusing the granting of a licence.
(5) Without limiting subsection (3)(a), a person is not a fit and proper
person to carry on the business or activity to which a proposed licence
relates if the Authority has reasonable grounds to believe from information
provided by the Commissioner of Police in relation to the person--
(b) that the nature and circumstances of the person's relationship with
the organisation or its members are such that it could reasonably be inferred
that improper conduct that would further the criminal activities of the
declared organisation is likely to occur if the person is granted a licence.
(5A) Without limiting subsection (3)(a), in determining whether an applicant
is a fit and proper person to carry on the business or activity to which the
proposed licence relates, the Authority is to consider whether the applicant--
(a) is of good repute, having regard to character, honesty and integrity, and
(b) is competent to carry on that business or activity.
(6) The Authority is
not, under this or any other Act or law, required to give any reasons for not
granting a licence because of subsection (5) to the extent that the giving of
those reasons would disclose any criminal intelligence.
(7) In deciding
whether or not to grant a licence, the Authority must consider whether, if the
licence were granted, it would provide employment in, or other opportunities
for, any of the following--
