LIQUOR ACT 1982 - SECT 45 Grounds of objection

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 45

45 Grounds of objection

(1) Objection to the grant of an application may be taken on one or more of the following grounds:

(a) that the applicant is not a fit and proper person to be the holder of a licence,

(a1) that a person who is, was or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a licence,

(a2) in the case of an application for the grant of a licence to a body corporate--that a person who occupies a position of authority in the body is not a fit and proper person to occupy such a position in a body that is to be the holder of a licence,

(c) that, for reasons other than the grounds specified in paragraphs (a) and (a1) and subsections (2A) and (3), it would not be in the public interest to grant the application.

(2A) An objection to the grant of an application for, or the removal of, a nightclub licence may be taken on the ground that the costs to the public in granting the licence will outweigh the benefit to the public (whether or not an objection is also taken on a ground specified in subsection (1) or (3)).

(3) In addition to, or instead of, a ground specified in subsection (1) but without limiting its generality, objection to the grant of an application may be taken on one or more of the following grounds:

(a) that the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) is habitually intoxicated,

(b) that, within a period of 12 months that last preceded the date of the application:

(i) the licence of the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) was cancelled,

(ii) the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) was convicted of selling liquor without a licence or of selling adulterated liquor, or

(iii) the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) was convicted of an offence under section 116B (2),

(c) that the premises to which the application relates do not have the minimum standard of accommodation prescribed by this Act for premises of that kind,

(d) that the premises to which the application relates are in the immediate vicinity of, or of a site acquired for, a place of public worship, a hospital or a public school,

(e) that the quiet and good order of the neighbourhood in which are situated the premises to which the application relates will be disturbed if the application is granted,

(f) that a requirement of the Director made under this Act in relation to the application and specified in the objection has not been complied with.

(4) Where an objection to an application is taken on a ground referred to in subsection (1) (a), (a1) or (a2) or (2A), the onus is on the applicant to satisfy the court:

(a) in the case of an objection on the ground specified in subsection (1) (a)--that the applicant is a fit and proper person to be the holder of a licence,

(a1) in the case of an objection on the ground specified in subsection (1) (a1)--that the person to whom the objection relates is a fit and proper person to be a close associate of the holder of a licence,

(a2) in the case of an objection specified in subsection (1) (a2)--that the person to whom the objection relates is a fit and proper person to occupy a position of authority in a body corporate that is to be the holder of a licence, or

(d) in the case of an objection on the ground specified in subsection (2A)--that the benefit to the public in granting the application will outweigh the costs to the public.

(6) Objection to the granting of an application for a minors functions authority may be taken:

(a) if the licensed premises are a hotel, on the ground that any part of the licensed premises in which liquor is ordinarily sold, supplied or disposed of or consumed or in which approved gaming machines are ordinarily kept is not capable of being physically separated from the proposed function areas or access areas to be designated by the functions authority in accordance with section 111A, or

(b) on the ground that the sanitary conveniences on the licensed premises are not adequate or are not suitably located for use by persons attending the function areas, or

(c) if the licensed premises are a hotel, on the ground that any part of the licensed premises in which liquor is ordinarily sold, supplied or disposed of or consumed or in which approved gaming machines are ordinarily kept is not capable of being physically separated from the part of the premises through or by means of which it would be necessary for a person attending such a function to pass in order to access any sanitary conveniences provided, or

(d) on any other ground.