South Australian Consolidated Acts South Australian Consolidated Acts (1) If an application
has been advertised under this Part, any person may, by notice in the
prescribed form lodged with the licensing authority at least 7 days before the
day appointed for the hearing of the application, object to the application.
(2) Subject to
section 28A, a copy of the notice of objection must be served by the
objector on the applicant at least 7 days before the day appointed for the
hearing of the application.
(3) However, the
licensing authority may (in its absolute discretion) accept an objection even
though it is lodged, or served on the applicant, out of time.
(4) An objection may
be made on behalf of an unincorporated association under this section by an
agent duly appointed for the purpose.
(5) An objection may
be made on one or more of the following grounds:
(a) that
the grant of the application would not be consistent with the objects of this
Act or would be contrary to this Act in some other way;
(b) in
the case of an application for the grant or removal of a hotel
licence—that the grant of the application is not necessary in order to
provide for the needs of the public in the area in which the premises or
proposed premises to which the application relates are situated;
(c) in
the case of an application for the grant or removal of a retail liquor
merchant's licence—that the grant of the application is not necessary in
order to adequately cater for the public demand for liquor for consumption off
licensed premises in the area in which the premises or proposed premises to
which the application relates are situated;
(d) in
the case of an application by a natural person for the grant or transfer of a
licence, or for the conversion of a temporary licence into an ordinary
licence—that the applicant is of bad reputation or character or is in
other respects not a fit and proper person to be licensed;
(e) in
the case of an application by a trust or corporate entity for the grant or
transfer of a licence, or for the conversion of a temporary licence into an
ordinary licence—that the applicant is not a fit and proper person to be
licensed or that a person who occupies a position of authority in the entity
is of bad reputation or character or is in other respects not a fit and proper
person to hold such a position in an entity that holds a licence;
(f) in
the case of an application for the grant or removal of a licence—that
the position, nature or quality of the premises renders them unsuitable to be
licensed, or to be licensed under a licence of the kind to which the
application relates;
(g) that
if the application were granted—
(i)
undue offence, annoyance, disturbance or inconvenience to
people who reside, work or worship in the vicinity of the premises or proposed
premises to which the application relates would be likely to result; or
(ia) the
safety or welfare of children attending kindergarten, primary school or
secondary school in the vicinity of the premises or proposed premises to which
the application relates would be likely to be prejudiced; or
(ii)
the amenity of the locality in which the premises or
proposed premises to which the application relates are situated would be
adversely affected in some other way.