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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
LEGISLATIVE COUNCIL
(Introduced by Hon. Norm Kelly)
LIQUOR LICENSING
AMENDMENT BILL 1998
A BILL FOR
AN ACT to amend the Liquor Licensing Act 1988.
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Liquor Licensing Amendment
Act 1998.
No. 7 -- 1B
Liquor Licensing Amendment Bill 1998
cl. 2
Commencement
2. This Act comes into operation on the day on which it
receives the Royal Assent.
Principal Act
5 3. In this Act the Liquor Licensing Act 1988* is referred to as
the principal Act.
[* Act No. 54 of 1988.
For subsequent amendments see 1997 Index to
Legislation of Western Australia, Table 1, p. 136 and
10 Act No. 56 of 1997.]
Division 1A inserted in Part 3
4. After Division 1 of Part 3 of the principal Act the following
Division is inserted --
``
15 Division 1A -- Prohibited concentration
of licence-holding
Application of this Division
37B. (1) This Division applies --
(a) in relation to licences of a particular class; but
20 (b) only if there are 20 or more licences of that class
in force --
(i) at the time when an application to which
this Division applies is made; or
2
Liquor Licensing Amendment Bill 1998
cl. 4
(ii) at any other time that is relevant for the
purposes of this Division.
(2) A licence is to be taken into account for the
purposes of this Division despite the fact that --
5 (a) a protection order is in force in respect of the
premises to which the licence relates; or
(b) the licence is suspended.
Definition of ``prohibited concentration''
37C. (1) For the purposes of this Division there is a
10 prohibited concentration of the holding of licences of a
particular class if --
(a) one licensee; or
(b) one group of licensees,
holds more than 15% of the number of licences of that class
15 that are in force.
(2) For the purposes of subsection (1) (b), two or more
licensees constitute a group where --
(a) they are corporations that are related to each
other within the meaning of section 50 of the
20 Corporations Law;
(b) they are each carrying on business under a
licence and the same person has, or the same
persons have together, an interest in all of the
businesses so carried on that would be treated as
25 a controlling interest for the purposes of section
16D of the Pay-roll Tax Assessment Act 1971; or
3
Liquor Licensing Amendment Bill 1998
cl. 4
(c) they come within any additional definition of
what constitutes a group that is prescribed for
the purposes of this Division.
Restriction on grant or transfer
5 37D. (1) An application for --
(a) the grant of a licence; or
(b) approval to the transfer of a licence,
of a particular class shall not be granted if the grant would
result in a prohibited concentration of the holding of
10 licences of that class.
(2) If at any time there is a prohibited concentration of
the holding of licences by a licensee or group of licensees an
application for --
(a) the grant of a licence; or
15 (b) approval to the transfer of a licence,
shall not be granted to that licensee or any member of that
group so long as the prohibited concentration continues.
Existing situations to be remedied within 5 years
37E. If --
20 (a) at the commencement of the Liquor Licensing
Amendment Act 1998 there is a prohibited
concentration of the holding of licences by a
licensee or group of licensees; and
(b) after the 5th anniversary of that commencement
25 there is still a prohibited concentration of the
4
Liquor Licensing Amendment Bill 1998
cl. 4
holding of licences by that licensee or group of
licensees,
the licensee or each member of the group, as the case may
be, commits an offence and is liable to a fine of $20 000 and
5 a daily penalty of $2000.
Necessary information to be provided by applicant
37F. (1) An applicant for --
(a) the grant of a licence; or
(b) approval to the transfer of a licence,
10 must disclose in the application all relevant information to
enable the licensing authority to determine whether the
grant or approval would contravene section 37D.
(2) In subsection (1) --
``relevant information'' means particulars of the
15 rights and interests of the applicant at the time
of the application in relation to, or the business
carried on under, any existing licence.
Regulations
37G. Without limiting section 175, regulations may be
20 made under that section --
(a) prescribing any definition for the purposes of
section 37C (2) (c);
(b) prohibiting acts and transactions by which the
intention of this Division may be evaded; and
5
Liquor Licensing Amendment Bill 1998
cl. 5
(c) prescribing a penalty not exceeding $5 000 and a
daily penalty of $250 for an offence against the
regulations.
''.
5 Section 82 amended
5. After section 82 (3) of the principal Act the following
subsection is inserted --
``
(4) The power to grant approval to the transfer of a
10 licence is subject to the provisions of Division 1A.
''.
6
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