LIQUOR CONTROL REFORM ACT 1998 - SECT 97B Variation or suspension of licence
LIQUOR CONTROL REFORM ACT 1998 - SECT 97B
Variation or suspension of licenceS. 97B(1) amended by No. 58/2011 s. 104(Sch. item 4.138).
(1) If a licensee does not respond to a breach notice within the period stated in the notice, or if the Commission is not satisfied with the licensee's response, the Commission may, by notice in writing to the licensee—
(a) vary the licence; or
(b) suspend the licence.
S. 97B(2) amended by No. 58/2011 s. 104(Sch. item 4.138).
(2) The Commission may suspend a licence under this section only if the Commission believes on reasonable grounds that there is a danger that a person may suffer substantial harm, loss or damage as a result of the licensee's conduct unless the licence is suspended.
(3) The variation of a licence under this section may include—
(a) a variation of the times at which the licence authorises the supply of liquor (including a variation reducing the times to less than ordinary trading hours);
(b) a variation of a condition of the licence (other than a condition imposed by this Act);
(c) the imposition of a new condition on the licence.
S. 97B(4) substituted by No. 8/2009 s. 13(2).
(4) The variation of a licence under this section takes effect when notice of it is given to the licensee or at the later time specified in the notice.
S. 97B(5) substituted by No. 8/2009 s. 13(2).
(5) The suspension of a licence under this section—
(a) takes effect when notice of it is given to the licensee or at the later time specified in the notice; and
(b) ceases to have effect 7 days after the day on which it takes effect.
(6) No compensation is payable in respect of any loss or damage resulting from or arising out of the suspension of a licence in accordance with this section.
S. 97B(7) amended by No. 58/2011 s. 104(Sch. item 4.138).
(7) Nothing in this Division affects the power of the Commission to vary a licence under section 58.
Part 7—Obligations of owners, mortgagees, licensees and permittees