New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 74A

74A Certificate of suitability for on-licence

(1) In response to a submission under section 74 (1) (d), the Board may, if it thinks fit, certify in respect of specified premises that, having regard to subsection (2), the Board is of the opinion that the premises are suitable, and are suitably situated, for the sale, supply and consumption of liquor thereon pursuant to an on-licence that is subject to specified conditions in addition to any other conditions to which the licence may be subject.

(2) The Board shall, before determining whether or not to certify as provided by subsection (1) in relation to any premises:

(a1) satisfy itself that no other class of on-licence and no other licence under this Act (other than a Governor’s licence) is suitable for the purpose of conducting the business proposed to be carried on pursuant to a licence relating to the premises, and

(a) satisfy itself that the business proposed to be carried on pursuant to a licence relating to the premises would not be carried on in contravention of section 23 (3A), and

(b) consider whether the carrying on of that business would adversely affect:

(i) any other business in the neighbourhood of the premises that is being carried on pursuant to a licence, or

(ii) the amenity of the neighbourhood of the premises, and

(c) consider whether there is any reason, other than a reason arising pursuant to paragraph (a) or (b), why the Board should not certify as so provided.

(3) A certificate issued under subsection (1):

(a) lapses if an application for an on-licence relating to the premises specified in the certificate is not made within the period of 3 months that next succeeds the issue of the certificate, and

(b) may be returned to the Board by the court for further consideration and, if the Board thinks fit, for revocation and the issue of another certificate.