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LIQUOR CONTROL ACT 1988 - SECT 31

LIQUOR CONTROL ACT 1988 - SECT 31

31 .         Licences, generally

        (1)         In this Act —

            (a)         an application for approval to the transfer of a licence means an application to vary the licence in respect of any premises by substituting the name of the transferee for that of a person who holds or has held the licence for the same premises; and

            (b)         an application for the removal of a licence means an application seeking the variation of the licence so that it no longer has effect in relation to the premises to which it most recently applied and takes effect in relation to other premises.

        (2)         Where an applicant for approval to the transfer of a licence applies also for the removal of the licence the applications may be dealt with at the same time.

        (3)         Subject to —

            (a)         this Act; and

            (b)         any other written law; and

            (c)         its conditions,

                a licence authorises the holder to sell and supply liquor in accordance with its terms from the buildings or places referred to in the licence or otherwise as provided in the licence but, except to the extent that its terms or conditions may be varied by a permit or otherwise under this Act, in no other manner.

        (4)         The authorisation conferred by a licence, other than an occasional licence, may be varied by an extended trading permit issued by the licensing authority under section 60 by —

            (a)         endorsement on the licence to which it relates; or

            (b)         a notice setting out the particulars of the variation.

        (5)         A licence granted or an extended trading permit issued by the licensing authority shall be in a form approved by the Director.

        (6)         Any term or condition applicable to a licence or permit —

            (a)         unless imposed by this Act, shall on the grant of the licence or the issue of the permit be included in or endorsed thereon; and

            (b)         if thereafter imposed, varied (otherwise than pursuant to subsection (4)), or cancelled, shall be evidenced —

                  (i)         by a notice setting out particulars of the term or condition concerned, which shall, unless subsection (7)(a) applies, refer to the licence to which it relates and be served on the licensee; or

                  (ii)         by being endorsed on it or included in a revised version,

                as the Director may require.

        (7)         A notice for the purposes of subsection (4) or (6) —

            (a)         which is published in the Gazette and is (whether or not subject to specified exceptions) of general application, or to apply generally to licences of a specified class or in a specified area, is not required to refer to the particular licence to which it relates or to be served on the licensee; but

            (b)         shall be signed personally by the Director.

        (8)         In subsection (7), specified means specified in the notice published in the Gazette .

        [Section 31 amended: No. 12 of 1998 s. 18.]