LIQUOR LICENSING ACT 1997 - SECT 77
LIQUOR LICENSING ACT 1997 - SECT 77
77—General right to make written submissions
(1) If an application
has been advertised under this Part, a person may, by notice lodged in a
manner and form approved by the Commissioner, at least 7 days before the
day appointed for the determination or hearing of the application (or such
lesser period as the licensing authority may allow), make written submissions
to the Commissioner in respect of the application.
(2) Subject to
subsection (3), written submissions under this section may be made on 1
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 a designated application—that the granting of the designated
application is not in the community interest;
(c) 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;
(d) 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;
(e) 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;
(f) 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
(ii)
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
(iii)
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.
(3) Written
submissions in respect of an application that relate to a matter that is, or
should be, dealt with or addressed under the law relating to planning or
carrying out building work may only be made by or on behalf of a council if a
combined assessment panel has been established under the Planning,
Development and Infrastructure Act 2016 to be involved in the assessment
of the application under this Act (at the same time as acting as a relevant
authority under that Act).
(4) A person who makes
written submissions under this section must ensure that the applicant is given
a copy of the written submissions at least 7 days before the day appointed for
the hearing or determination of the application (or such lesser period as the
licensing authority may allow).
(5) A licensing
authority must have regard to any written submissions (including further
written submissions under section 78) made in accordance with the
requirements of this Division.