Northern Territory Consolidated Acts

LIQUOR ACT - SECT 72

(1) The Commission, after conducting a hearing, may, by order, cancel a licence where:

(a) the licensee is serving a sentence of imprisonment imposed in respect of his conviction for an offence;

(b) the licensee has been found guilty of an offence against this Act;

(c) the licensee has contravened or failed to comply with a direction of the Commission under section 49(4)(b) or 65; or

(d) the licensee has contravened or failed to comply with a condition of his licence.

(2) The Commission shall not make an order upon the ground specified in subsection (1)(a) unless:

(a) the offence for which the licensee is serving a sentence of imprisonment is an offence against this Act; or

(b) the Commission is satisfied that the offence is of sufficient gravity to justify the cancellation of the licence.

(3) The Commission shall not make an order upon the ground specified in subsection (1)(b) or (d) unless it is satisfied that:

(a) the offence of which the licensee has been found guilty or the contravention or failure to comply with the condition, as the case may be, is of sufficient gravity to justify the cancellation of the licence; and

(b) in all the circumstances, the matter is not one in which the giving of directions by the Commission would be likely to be effective to prevent the commission of further offences or further contraventions or failures to comply with the condition, as the case may be, by the licensee.

(4) The Commission shall not make an order upon the ground specified in subsection (1)(c) or (d) where the licensee satisfies the Commission that:

(a) the contravention or failure to comply with the direction or condition, as the case may be, arose out of, or was occasioned by, the act or neglect of an employee of the licensee; and

(b) the licensee had given such directions to his employees, and had exercised or caused to be exercised such supervision of his employees, as were reasonably necessary to ensure that the licensee did not contravene, or fail to comply with, the direction of the Commission or a condition of his licence, as the case may be.

(5) In addition to subsection (1), and notwithstanding anything in this Act which may be construed as qualifying or limiting the power of the Commission to cancel a licence, the Commission, after conducting a hearing, may, by order, cancel a licence where it is satisfied that:

(a) licensed premises in respect of which the licence was granted have not been used for the sale or supply of liquor for a period of 90 days;

(b) subject to the payment of compensation, the presence of the licensed premises in respect of which the licence was granted no longer meets the needs or wishes of the community; or

(c) a licensee is not a fit and proper person to hold a licence.

(6) For the purposes of subsection (5), and without limiting the generality of that subsection, a licensee is not a fit and proper person to hold a licence where:

(a) the licensee is found guilty of an offence relating to the possession or supply of a drug for which offence, on being found guilty, a sentence of imprisonment may be imposed (whether or not a sentence of imprisonment is imposed); or

(b) subject to subsection (7), in a period of 12 months not less than 3 persons are found guilty of offences committed on the licensed premises to which the licence relates relating to the possession or supply of a drug and the licensee fails to satisfy the Commission that all reasonable steps were taken by the licensee to prevent those offences from taking place.

(7) Where, as a result of the assistance of, or the providing of information by, a licensee or an employee of a licensee, a person is found guilty of an offence relating to the possession or supply of a drug which offence was committed on the licensed premises to which the licence relates, that finding of guilt shall not be taken into account for the purposes of subsection (6)(b).

(8) The Commission shall, by order, cancel the licence of a licensee where it has thought fit to do so under section 124(2A).

(9) The cancellation of a licence under subsection (8) shall have effect on the day specified in the order.