South Australian Consolidated Acts South Australian Consolidated Acts62—Certificate of approval for removal of licence to proposed premises
(1) The licensing
authority may refuse an application for the removal of a licence to proposed
premises having regard to the extent to which the proposed premises are
uncompleted but may, instead, grant a certificate (a
"certificate of approval") approving the plans submitted by the applicant in
respect of the proposed premises if satisfied that any approvals, consents or
exemptions that are required under the law relating to planning to permit the
use of the proposed premises for the sale of liquor have been obtained.
(2) A
certificate of approval—
(a) may
be granted on conditions the licensing authority thinks fit; and
(b) may
include a statement of conditions to which, in the opinion of the licensing
authority, the licence should be subject on its removal (either in addition
to, or in substitution for, existing conditions of the licence).
(3) If—
(a) a
certificate has been granted under subsection (1); and
(b) the
holder of the certificate satisfies the licensing authority—
(i)
that the conditions (if any) on which the certificate was
granted have been complied with; and
(ii)
that the premises have been completed in accordance with
plans approved by the licensing authority on the grant of the certificate or a
variation of those plans later approved by the licensing authority,
the licence must be removed to the new premises and, if the certificate of
approval provides for the addition or substitution of conditions, the licence
then becomes subject to the new conditions in accordance with the terms of the
certificate.
(4) A transaction
under which the holder of a certificate of approval agrees to the transfer of
the certificate for a monetary or other consideration is void unless the
proposed transfer is to a close associate.