LIQUOR CONTROL REFORM ACT 1998 - SECT 41 Objection to licence by licensing inspector
LIQUOR CONTROL REFORM ACT 1998 - SECT 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
S. 41(1)(b)(ii) amended by No. 49/2021 s. 27.
(ii) that the grant, variation or relocation would be conducive to or encourage harm;
(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—
S. 41(3)(a) substituted by No. 39/2002 s. 11(3), amended by No. 58/2011 s. 104(Sch. item 4.78).
(a) be made to the Commission 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.
S. 42 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.79).
S. 42 amended by No. 58/2011 s. 104(Sch. item 4.80)