LIQUOR CONTROL ACT 1988 - SECT 33

LIQUOR CONTROL ACT 1988 - SECT 33

33 .         Powers of licensing authority when deciding applications

        (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 an approved unrestricted manager, an approved restricted manager or a trustee —

            (a)         the creditworthiness of that person; and

            (aa)         the character and reputation of that person; and

            (b)         the number and nature of any convictions of that person for offences in any jurisdiction; and

            (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,

                are relevant and amongst the matters to which consideration may 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; or

            (ca)         is approved as an approved unrestricted manager, an approved restricted manager or a trustee,

                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.

        (6D)         For the purposes of subsection (6)(b), the licensing authority may rely on any document issued by the Police Force of Western Australia, the Australian Federal Police or the police force of another State or a Territory that —

            (a)         sets out the criminal convictions (if any) of the person for offences under the law of the State, the Commonwealth or the other State or a Territory; and

            (b)         was issued not more than 30 days, or such other prescribed period, before the material time.

        (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; and

            (b)         the customary requirements of those persons from whom the applicant would ordinarily be expected to derive trade; and

            (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: No. 12 of 1998 s. 20; No. 73 of 2006 s. 28; No. 56 of 2010 s. 6 and 38.]