LIQUOR CONTROL REFORM ACT 1998 - SECT 34 Public display of licence application
LIQUOR CONTROL REFORM ACT 1998 - SECT 34
Public display of licence applicationS. 34(1) amended by No. 59/2009 s. 20(1), substituted by No. 57/2010 s. 12.
(1) An applicant for the grant, variation or relocation of a licence (other than a limited licence, a major event licence or a prescribed variation of a licence) must ensure that a notice of the application is displayed on the premises or site to which the application relates or the premises to which the licence is sought to be relocated for the period determined under section (1A).
S. 34(1A) inserted by No. 57/2010 s. 12, amended by No. 58/2011 s. 104(Sch. item 4.69).
(1A) The notice must be continuously displayed for a period of 28 days (or a shorter period determined by the Commission) from the date determined by the Commission.
(2) The notice must be displayed in a manner that invites public attention to the application.
S. 34(3) amended by No. 58/2011 s. 104(Sch. item 4.69).
(3) The Commission may require that the size and format of the notice comply with requirements specified by the Commission.
(4) If it is not practicable to display the notice on the premises or site, it is sufficient compliance with subsection (1) if the notice is conspicuously displayed in accordance with subsection (2) on any adjoining premises.
S. 34(5) amended by No. 58/2011 s. 104(Sch. item 4.69).
(5) An applicant is deemed to have complied with subsections (1), (3) and (4) if the Commission is satisfied—
(a) that the applicant took all reasonable steps to ensure that the notice was continuously and conspicuously displayed as required under those subsections; and
(b) that any failure to keep the notice so displayed was not the fault of the applicant.
(6) A notice under this section must contain—
(a) the name of the applicant; and
(b) the address of the premises to which the application relates or to which the licensed premises are sought to be relocated; and
(c) the type of licence to which the application relates; and
(d) if the application is for a variation of the times during which the licence authorises the supply of liquor, the times sought in the application; and
(e) any conditions sought in relation to the grant, variation or relocation of the licence; and
S. 34(6)(f) amended by No. 58/2011 s. 104(Sch. item 4.69).
(f) any other information required by the Commission.
S. 34(7) amended by Nos 59/2009 s. 20(2), 58/2011 s. 104(Sch. item 4.69).
(7) The Commission may require an applicant for the grant, variation or relocation of a limited licence or a major event licence or a prescribed variation of a licence to display the application in accordance with this section.
S. 34(8) inserted by No. 92/2004 s. 17.
(8) This section does not apply in respect of an application made under section 29(1)(b) for the variation of a licence.
Note
Applications for variation under section 29(1)(b) can only be made by the Chief Commissioner or a licensing inspector.
S. 35 substituted by No. 39/2002 s. 10.