LIQUOR LICENSING ACT 1997 - SECT 6

LIQUOR LICENSING ACT 1997 - SECT 6

6—Persons with authority in a trust or corporate entity

        (1)         A person occupies a position of authority in a trust or corporate entity if the person—

            (a)         in the case of a body corporate—

                  (i)         is a director of the body corporate;

                  (ii)         exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs;

                  (iii)         manages, or is to manage, the business of the body corporate to be conducted under a licence;

                  (iv)         if the body corporate is a proprietary company—is a shareholder in the body corporate; or

            (b)         in the case of a trust—is a trustee or beneficiary of the trust.

        (2)         However—

            (a)         a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not for that reason to be regarded as a person occupying a position of authority; and

            (b)         a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority in the trust.