Northern Territory Consolidated Acts

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LIQUOR ACT - SECT 32A

Variation of conditions on application by licensee

32A. Variation of conditions on application by licensee

(1) A licensee may apply to the Commission in a form approved by the Commission for a variation of the conditions of the licence held by the licensee and may request that the Commission conduct a hearing in relation to the application.

(2) If the Commission considers it to be in the public interest, the Commission may conduct a hearing in relation to the application whether or not the applicant has requested a hearing.

(3) If the Commission decides to conduct a hearing, the Commission must require the applicant to cause notice of the application to be published:

(a) in a newspaper or newspapers nominated by the Commission; and

(b) within the period specified by the Commission.

(4) The notice must:

(a) include a description in sufficient detail to identify the location of the premises in respect of which the application is made;

(b) include a description of the nature of any business associated with the licence that is conducted on those premises;

(c) include details of the proposed variation of conditions;

(d) contain any other particulars determined by the Commission; and

(e) be not less than a size determined by the Commission.

(5) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made.

(6) Where:

(a) the Commission does not require the applicant to give notice of the application; or

(b) the applicant has given notice as required and no objection to the application is lodged with the Director pursuant to section 47F or such an objection has been dismissed under Part IV,

the Commission must, as soon as reasonably practicable, consider the application.

(7) After considering an application under subsection (6), the Commission must, having regard to the objects of this Act:

(a) by notice to the applicant, vary the conditions of the licence; or

(b) refuse to vary the conditions of the licence and direct the Director to forward to the applicant notice of the refusal together with a statement of the reasons for refusal.

(8) Where a hearing is conducted in relation to an application, the Commission may, having regard to the objects of this Act:

(a) vary or refuse to vary the conditions of the licence; and

(b) make any other order it thinks fit.

(9) A variation of the conditions of a licence takes effect on the date specified by the Commission in a notice under subsection (7)(a) or an order under subsection (8).

(10) In this section:

condition , of a licence, does not include a condition determined under Division 2AA.



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