LIQUOR LICENSING ACT 1997 - SECT 119A

LIQUOR LICENSING ACT 1997 - SECT 119A

119A—Commissioner's power to deal with disciplinary matter by consent

        (1)         If the Commissioner is of the opinion that proper grounds for disciplinary action exist, and the person liable to the disciplinary action consents to such a course of action, the Commissioner may determine not to lodge a complaint with the Court and instead—

            (a)         obtain from the person an undertaking directed against continuation or repetition of the relevant conduct; or

            (b)         in the case of a person licensed under this Act—

                  (i)         impose a condition on the licence (including a condition that varies the trading hours in respect of the licence fixed or required by or under this Act); and

                  (ii)         vary, suspend or revoke a condition of the licence (other than a mandatory condition contemplated by section 42); or

            (c)         in the case of a person licensed or approved under this Act, suspend or revoke the licence or approval.

        (2)         The Commissioner may, in determining whether to exercise a power under this section in relation to a person, take into account any previous action under this section or a previous finding by the Court that there was proper cause for taking disciplinary action against the person.