LIQUOR LICENSING ACT 1997 - SECT 71

LIQUOR LICENSING ACT 1997 - SECT 71

71—Approval of management and control

        (1)         The licensing authority may, on application, approve a natural person or persons as a responsible person or responsible persons under this Act.

        (2)         The licensing authority may, on the application of a person who seeks to assume a position of authority in a trust or corporate entity that holds a licence, approve the assumption by that person of that position in the entity.

        (3)         The licensing authority may only approve a person as a responsible person, or approve the assumption by a person of a position of authority in a trust or corporate entity that holds a licence, if satisfied that he or she is a fit and proper person.

        (4)         However, if an applicant for approval is to supervise and manage, or be actively involved in the supervision or management of, the business conducted under a licence but does not have the appropriate knowledge, experience and skills for that purpose, the licensing authority may nevertheless approve the person and impose a condition of the licence that the person undertake specified accredited training within a specified time of obtaining the approval.

        (5)         In addition, a licensing authority may, if the licensing authority thinks fit, approve a natural person as a responsible person on the condition that the applicant satisfies the licensing authority that the natural person is a fit and proper person within a period (of 6 months or less) specified by the licensing authority.

        (6)         If an approval is granted on a condition under subsection (5)—

            (a)         the licensing authority may (during the period of 6 months or less specified by the licensing authority under that subsection), on failure by the responsible person to comply with the condition, revoke the approval; and

            (b)         if the approval is not revoked under paragraph (a), the approval will, at the end of the period of 6 months or less specified by the licensing authority under that subsection, be taken to be an approval not subject to the condition under subsection (5).