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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.