Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 41

Objection to licence by licensing inspector

41. Objection to licence by licensing inspector



(1) A licensing inspector may object to the grant, variation, transfer or
relocation of a licence on any of the following grounds-

   (a)  in the case of a grant or transfer, that the licensee or proposed
        licensee is not a suitable person to hold the licence;

   (b)  in the case of a grant, variation or relocation-

   (i)  that the grant, variation or relocation would detract from or be
        detrimental to the amenity of the area in which the licensed premises
        or proposed licensed premises are situated; or

   (ii) that the grant, variation or relocation would be conducive to or
        encourage the misuse or abuse of alcohol;

   (c)  in the case of an application in relation to a club licence, any
        ground referred to in section 44(2)(c).

(2) A licensing inspector may object to the grant or transfer of a BYO permit
on the ground that the proposed permittee or transferee is not a suitable
person to hold the permit.

(3) An objection must-

   (a)  be made to the Director in writing within 30 days after-

   (i)  in the case of an objection to the grant, variation or relocation of a
        licence-the day on which notice of the application was first displayed
        under section 34(1); or

   (ii) in the case of an objection to the transfer of a licence-the day on
        which the application was made; and

   (b)  state the grounds of, and the reasons for, the objection.

(4) None of the following is a valid reason for an objection under this
section-

   (a)  that the business carried on under the licence would or would not be
        successful;

   (b)  that the business of another licensee or permittee may be adversely
        affected by the grant, variation or relocation;

   (c)  that there is insufficient need or demand to justify the grant,
        variation or relocation.