LIQUOR LICENSING ACT 1997 - SECT 50A
LIQUOR LICENSING ACT 1997 - SECT 50A
(1) A licensee
(including the holder of a licence that has been suspended) must, in each
year, pay to the Commissioner an annual fee in accordance with the
regulations.
(2) Without limiting
the matters that may be dealt with in the regulations, the regulations
may—
(a) fix
the day of the month on or before which the fee is to be paid in each year;
and
(b) fix
the period of 12 months (the "annual fee period") in respect of which the fee
is to be paid; and
(c)
provide for the fee to be determined by reference to the class of licence or
business conducted under the licence, the trading hours authorised by the
licence or any other factor and for a matter to be determined according to the
discretion of the Commissioner; and
(d)
provide for transitional arrangements if the date for payment or the
annual fee period is to be varied, including by providing for the payment of 2
fees within the same year for the purposes of the transition to a different
date for payment and for an annual fee period that is longer or shorter than
12 months for the purposes of the transition to a different annual fee
period.
(3) If the trading
hours or conditions of a licence are varied, or circumstances vary, in respect
of trade in liquor during an annual fee period such that the annual fee paid
in respect of the period is less than the annual fee that would have been
payable had the variations been taken into account in the calculation of the
fee, the Commissioner may recalculate the annual fee and, by written notice,
require the licensee to pay the difference within 28 days after service of the
notice.
(4) If a licensee
fails to pay the annual fee in accordance with the regulations or to pay an
amount in accordance with subsection (3), the Commissioner may, by
written notice, require the person to make good the default as specified in
the notice and, in addition, pay to the Commissioner the amount prescribed as
a penalty for default.
(5) If a licensee
fails to comply with a notice under subsection (4) within 28 days after
service of the notice, the licence is suspended until the notice has been
complied with.
(5a) The Commissioner
must give the licensee written notice of a suspension under
subsection (5).
(5b) If a notice under
subsection (4) has not been complied with within 60 days after the
service of the notice under subsection (5a), the Commissioner has an
absolute discretion to revoke the licence.
(5c) The Commissioner
must, before revoking a licence under subsection (5b)—
(a) give
notice to the holder of the licence of the proposed revocation; and
(b)
allow the holder of the licence a period of 21 days (or such longer period as
the Commissioner may allow) to show cause why the licence should not be
revoked.
(5d) The Commissioner
must give the licensee written notice of a revocation under
subsection (5b).