New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 61

61 Grant of transfer of licence

(1) Subject to this section, the court may grant an application under section 41 or 42 for the transfer of a licence to a person approved by it who would be entitled to apply for the same kind of licence in relation to the licensed premises.

(2) Where there is no objection to an application under section 41 (3) for the transfer of a licence, the application may be granted by the registrar.

(2A) If there is no objection to an application under section 41 for the transfer of a motel licence, the application may be granted by the Principal Registrar.

(3) Where the court is satisfied on the information before it that there is nothing that might preclude it from granting an application under section 41 or 42, the court may, at the request of the transferee and with the written consent of the transferor, make a provisional grant of the application.

(4) A provisional grant of an application for the transfer of a licence ceases to have effect unless the provisional grant is confirmed by the court before:

(a) the lodging of an objection to the grant of the application,

(b) the expiration of a period specified by the court when provisionally granting the application together with such additional periods as the court thinks fit to allow upon application made before expiration of the period sought to be extended, or

(c) the lodging of an application by the transferor for a transfer of the licence to a different transferee,

whichever first occurs.

(5) Subject to subsection (4), a provisional grant of an application has the same effect as a grant of the application under subsection (1).

(5A) If a provisional grant of an application for the transfer of a licence ceases to have effect because of the operation of subsection (4), the court may make such orders in relation to the licence as it considers appropriate in the circumstances, including any of the following orders:

(a) an order that the licence is to revert to the transferor,

(b) an order treating a person (with the person’s consent) as licensee until a transfer of the licence is effected,

(c) an order that the licence not be exercised until specified conditions are met or the court orders otherwise.

(7) A transfer of a licence has effect as if the licence had been granted to the transferee.

(8) The prescribed fee for the transfer of a licence is:

(a) where the licence is a hotelier’s licence or an off-licence to sell liquor by retail-$500, or

(b) in any other case-$100.

(9) The regulations may prescribe a different amount instead of an amount specified in subsection (8) and, where a different amount is so prescribed, that subsection shall be construed as if it prescribed the amount prescribed by the regulations instead of the amount prescribed by the subsection.