South Australian Consolidated Acts

LIQUOR LICENSING ACT 1997 - SECT 53

53—Discretionary powers of licensing authority

        (1)         Subject to this Act, the licensing authority has an unqualified discretion to grant or refuse an application under this Act on any ground, or for any reason, the licensing authority considers sufficient (but is not to take into account an economic effect on other licensees in the locality affected by the application).

        (1a)         An application must be refused if the licensing authority is satisfied that to grant the application would be contrary to the public interest.

        (2)         A licensing authority should not grant an application as a matter of course without proper inquiry into its merits (whether or not there are objections to the application).

        (2a)         A licensing authority may—

            (a)         grant an application on an interim basis;

            (b)         specify that a condition of a licence, permit or approval is to be effective for a specified period,

and, in consequence, may give any necessary procedural directions in the matter.

        (3)         A licensing authority may, on such conditions (if any) as it thinks fit, vary or waive compliance with formal requirements relating to an application.

        (4)         If a licensing authority considers that an applicant should satisfy the licensing authority as to a certain matter for the purposes of determining the application, the licensing authority may, if the licensing authority thinks fit, nevertheless grant the application on the condition that the applicant satisfies the licensing authority as to the matter within a period determined by the licensing authority.

        (5)         If a licence, permit or approval is granted on a condition under subsection (4), the licensing authority may, on failure by the applicant to comply with the condition, revoke the licence, permit or approval, or suspend the licence, permit or approval until further order.

        (6)         A licensing authority may in proceedings accept an undertaking from a party in relation to the conduct of the proceedings and, on failure by the party to fulfil the undertaking, refuse to hear the party further in the proceedings subject to any further order of the licensing authority.