(c) the licensee is no
longer employed by the owner of the business carried on under the licence (
"the business owner" ), or
(d) the licensee is not complying, or does not
have the capacity to comply, with the requirement under section 91(1) to be
responsible at all times for the personal supervision and management of the
business of the licensed premises.
(a) the day
that is 28 days after this section becomes applicable, or
(b) the day on
which application is made under subsection (2),
whichever first occurs.
(4)
If an application is made under subsection (2) not later than 28 days after
this section becomes applicable, the applicant is, until the application is
determined by the Authority, taken to be the licensee under the licence to
which the application relates.
(5) The Authority is not to determine an
application for the transfer of a licence under this section unless--
(i) that notice of the application was given to the
dispossessed licensee at least 3 clear days before the Authority determines
the application (or that all reasonable steps necessary for giving notice were
taken by or on behalf of the applicant and that failure to give notice was not
due to any neglect or default of the applicant), and
(ii) if so notified,
that the dispossessed licensee has been given a reasonable opportunity to make
submissions in relation to the application, and
(b) the Authority is
satisfied that any lessee of the licensed premises has been notified of the
application for the transfer of the licence and been given a reasonable
opportunity to make submissions in relation to the application, and
(c) the
Authority has taken any submissions made under this subsection into
consideration.
(5A) If--
(a) an application under subsection (2) in respect
of the licensed premises is not made within 28 days after this section becomes
applicable, or
(b) such an application is made but the transfer of the
licence to the applicant is refused by the Authority,
the licence is suspended
until such time as the licence is transferred to another person.
(6)
Section 60 applies, with such modifications as are necessary, in relation to
an application for the transfer of a licence under this section.