Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, the licensing authority has an absolute discretion to grant or refuse an
application under this Act on any ground, or for any reason, that the
licensing authority considers in the public interest.
(2) An
application —
(a) may
be refused, even if the applicant meets all the requirements of this Act; or
(b) may
be granted, even if a valid ground of objection is made out,
but is required to be
dealt with on its merits, after such inquiry as the licensing authority thinks
fit.
(3) The licensing
authority may waive or modify any requirement for formal compliance with any
procedure relating to an application, but may impose conditions in relation to
the waiver or modification.
[(4) deleted]
(5) The licensing
authority may, on the application of a person who is, or is to be, appointed
to a position of authority in a body corporate that holds a licence, approve
the occupation of that position in the body corporate by that person.
(6) Where the
licensing authority is to determine whether an applicant is a fit and proper
person to hold a licence or whether approval should be given to a person
seeking to occupy a position of authority in a body corporate that holds a
licence, or to approve a natural person as a manager or
trustee —
(a) the
creditworthiness of that person;
(aa) the
character and reputation of that person;
(b) the
number and nature of any convictions of that person for offences in any
jurisdiction;
(c) the
conduct of that person in respect to other businesses or to matters to which
this Act relates; and
(d) any
report submitted, or intervention made, under section 69,
shall be taken to be
relevant and amongst the matters to which consideration should be given.
(6a) For the purposes
of a determination under subsection (6) in respect of a person, the
character and reputation of any person suspected by the licensing authority to
be associated with that person may be taken to be relevant and amongst the
matters to which consideration should be given.
(6b) Unless the
Director otherwise approves, a determination cannot be made under
subsection (6) that a person —
(a) is a
fit and proper person to hold a licence; or
(b) is
approved to occupy a position of authority in a body corporate,
unless the person has
successfully completed —
(c) a
course of training or an assessment, approved by the Director, in the
management of licensed premises; and
(d) a
course of training or an assessment, approved by the Director, in responsible
practices in the sale, supply and service of liquor.
(6c) The regulations
may modify the operation of subsection (6b) for the purposes of
applications for or in respect of an occasional licence.
(7) Where the
licensing authority is to determine whether any premises are of a sufficient
standard or suitable for the proper conduct of any business —
(a) the
class of licence or kind of permit sought, and the obligations thereby imposed
and the accommodation and facilities required;
(b) the
customary requirements of those persons from whom the applicant would
ordinarily be expected to derive trade;
(c) any
requirements made known, or reasons appearing, in a certificate under
section 39 or section 40; and
(d) any
report submitted, or intervention made, under section 69,
shall be taken to be
relevant and amongst the matters to which consideration should be given.
[Section 33 amended by No. 12 of 1998
s. 20; No. 73 of 2006 s. 28.]