Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 62

Power to owner and others to renew licence

62. Power to owner and others to renew licence



(1) If a licensee or permittee has failed to renew the licence or BYO permit
by 30 June next following the day on which the licence or permit ceased to be
in force-

   (a)  the owner of the licensed premises (if he or she was not that licensee
        or permittee); or

   (b)  a mortgagee of the licensed premises; or

   (c)  any other person prejudicially affected by the failure-

may apply to the Director for renewal of the licence in the name of the
applicant or a person nominated by the applicant if the applicant is entitled
to possession of the premises.

(2) An application under subsection (1) must be-

   (a)  made by 30 September next following the day on which the licence or
        permit ceased to be in force or within such later time as the Director
        determines; and

   (b)  in a form approved by the Director; and

   (c)  accompanied by the prescribed renewal fee.

(3) The Director must give a copy of an application under this section to the
Chief Commissioner.

(4) The Chief Commissioner may object to the application on the ground that
the applicant or nominated person is not a suitable person to hold the licence
or permit.

(5) An objection must-

   (a)  be made to the Director in writing within 21 days after the day on
        which a copy of the application was given to the Chief Commissioner;
        and

   (b)  state the reasons for the objection.

(6) After the period referred to in subsection (5)(a) (or that period as
extended under section 174) has expired, the Director may grant a renewal of
the licence or BYO permit to the applicant or nominated person, after
considering any objection made under subsection (4), if satisfied that the
applicant or nominated person is a suitable person to hold the licence or
permit.

(7) Section 44(3) applies to the determination of an application under this
section.

(8) This section does not apply to a limited licence.

Division 9-Surrender and lapse of licence or BYO permit