Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 44

Determination of uncontested applications

44. Determination of uncontested applications



(1) Subject to Division 3, the Director must grant or refuse to grant an
uncontested application at any time after the expiry of the period for
objection under Division 5 (or that period as extended under section 174).

(2) The Director may refuse to grant an uncontested application on any of the
following grounds-

   (a)  in the case of a grant or transfer of a licence or BYO permit, that
        the applicant or proposed transferee is not a suitable person to hold
        or carry on business under the licence or BYO permit;



   (b)  in any case-

   (i)  that the granting of the application would detract from or be
        detrimental to the amenity of the area in which the premises to which
        the application relates are situated;

   (ii) that the granting of the application would be conducive to or
        encourage the misuse or abuse of alcohol;

   (iii) if the applicant or proposed transferee is a natural person-that the
        applicant or proposed transferee does not have an adequate knowledge
        of this Act;

   (iv) if the applicant or proposed transferee is a body corporate-that no
        director of the applicant or proposed transferee has an adequate
        knowledge of this Act;

   (v)  that the application has not been made, displayed or advertised in
        accordance with this Act;

   (c)  in the case of an application in relation to a club licence-

   (i)  that the club is not conducted in good faith as a club; or

   (ii) that the club is kept or habitually used for any unlawful purpose; or

   (iii) that the club is used mainly for the supply of liquor; or

   (iv) that liquor purchased by or belonging to the club has been supplied
        illegally whether on the club premises or elsewhere; or

   (v)  that persons who are not members have been admitted to the club for
        the purpose only of obtaining liquor; or

   (vi) that the supply of liquor to the club is not under the control of the
        management committee of the club; or

   (vii) that any of the rules of the club have been habitually broken.

(3) Without limiting the reasons why a person is not a suitable person to
hold, or carry on business under, a licence or BYO permit, a person is not a
suitable person to hold, or carry on business under, a licence or BYO permit
if the person or, if the person is a body corporate, any director of the
person has, within the preceding 3 years-

   (a)  been convicted, whether in Victoria or elsewhere, of an offence of
        supplying liquor without a licence or of supplying adulterated liquor
        or of an offence against any law relating to customs or excise; or

   (b)  engaged in activities involving the trading in or marketing of liquor
        in a manner contrary to the provisions of this Act.

(4) The Director may make any enquiries concerning an uncontested application
he or she thinks fit, but is not required to give any person an opportunity to
be heard concerning the application.