New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 68

68 Grounds for complaint

(1) The grounds upon which a complaint may be made under section 67 (1) in relation to a licensee or a manager of licensed premises are:

(a) that the licensee or manager has, while holding a licence or managing licensed premises, been convicted:

(i) of an offence specified in the complaint (other than an offence against this Act) for which he or she has been sentenced to imprisonment, or

(ii) of an offence against this Act so specified,

(b) that the licensee or manager has been guilty of a breach of a condition of the licence concerned,

(c) that the licensee or manager has failed to comply with a direction or order of the Board or court given or made under this Act and specified in the complaint,

(c1) that a requirement of the Director made under this Act in relation to the investigation of the licensee or manager and specified in the complaint has not been complied with,

(c2) that the licensee has failed to comply with a direction of the Director, given under section 101A,

(d) that the continuation of the licence is not in the public interest,

(d1) that the licensee or manager has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),

(d2) that intoxicated persons have frequently been on the licensed premises or have frequently been seen to leave those premises,

(d3) that acts involving violence against persons or damage to property have frequently been committed on or near the licensed premises by persons who have been on the licensed premises,

(e) that the licensee is not a fit and proper person to be the holder of a licence or the manager is not a fit and proper person to be the manager of the licensed premises,

(e1) that a person named in the complaint is a close associate of the licensee and is not a fit and proper person to be a close associate of a licensee,

(f) that a person named in one of the following affidavits made in relation to the licence held by the licensee or, where more than one such affidavit has been made, the later or latest of those affidavits, namely:

(i) an affidavit, referred to in section 38 (3), which accompanied the application for the licence,

(ii) an affidavit, referred to in section 38 (3) as applied by section 41 (4), which accompanied an application for the transfer of the licence,

(iii) an affidavit, referred to in section 101 (4A), produced to the registrar,

is not a fit and proper person to be directly or indirectly interested in the licence or the business, or the profits of the business, carried on pursuant to the licence,

(f1) in the case of a licence held by 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 the holder of a licence,

(g1) that entertainment has been conducted on the licensed premises otherwise than in accordance with the conditions of an approval under Part 1 of Chapter 7 of the Local Government Act 1993 or the provisions of any regulation made under that Act,

(h) that the licence is considered not to have been exercised in the public interest,

(i) in the case of an on-licence relating to a restaurant-that the premises concerned have been used for a purpose that is not consistent with their primary purpose of being a restaurant, as referred to in section 23 (2A),

(j) in the case of a licence endorsed with a dine-or-drink authority-that the licensee or manager of the premises concerned has failed to comply with a direction of the Director or the Commissioner of Police under section 102,

(k) in the case of a caterer’s licence-that the principal business of the licensee under that licence, or the principal business of any person or body on whose behalf the licensee holds the licence, is not the business of providing catering services for fee, gain or reward, or

(1A) The grounds on which a complaint may be made under section 67 (1B) in relation to a person who is a close associate of a licensee are as follows:

(a) that the close associate is not a fit and proper person to be a close associate of a licensee,

(b) that a complaint against the licensee under section 67 has been established and that:

(i) the close associate knew or ought reasonably to have known that conduct of the kind to which the complaint relates was occurring or was likely to occur on the licensed premises, and

(ii) the close associate failed to take all reasonable steps to prevent conduct of that kind occurring on the licensed premises,

(c) that a requirement of the Director made under this Act in relation to the investigation of the close associate and specified in the complaint has not been complied with.

(2) Without prejudice to any ground specified in subsection (1), the licensee or the manager of licensed premises under an on-licence relating to premises within a university may be summoned under section 67 upon a complaint under that section that a person has been obstructed, hindered or delayed in the exercise of the powers conferred on the person by section 110 (6).

(3) The grounds on which a complaint may be made under section 67 (1C) in relation to a non-proprietary association on whose behalf an on-licence to sell liquor at a function is or was held are:

(a) that the non-proprietary association did not exercise proper control and supervision over a function to which the licence applied, or

(b) that it is not in the public interest for liquor to be sold or supplied at functions conducted by or under the auspices of the association.