Western Australian Consolidated Acts

LIQUOR CONTROL ACT 1988 - SECT 35B

35B .         Approval of person as manager

        (1)         The Director may, in writing, approve a natural person as a manager of licensed premises if the Director is of the opinion that the person is a fit and proper person to manage the licensed premises.

        (2)         Where an application for a person to be approved as a manager has been made to the Director and has not been refused, that person shall be deemed for the purposes of this Act to be a manager approved under this section.

        (3)         The Director may withdraw the approval of a person as a manager if the Director is satisfied, on reasonable grounds — 

            (a)         that the manager has failed to conduct any licensed premises in a proper manner; or

            (b)         that the conduct of the manager is such as to show that he or she is not a suitable person to manage licensed premises; or

            (c)         that the manager has not, within the period specified by the Director after being approved, successfully completed —

                  (i)         a course of training or an assessment, approved by the Director, in the management of licensed premises; and

                  (ii)         a course of training or an assessment, approved by the Director, in responsible practices in the sale, supply and service of liquor.

        (4)         The Director shall not withdraw the approval of a person as a manager unless the manager and the licensee of the premises concerned, have been given, subject to section 30, the particulars of the allegations against the manager and afforded a reasonable opportunity to make submissions and to be heard in relation to those allegations.

        (5)         If the Director considers that it is desirable, the withdrawal of approval of a person as manager may be expressed to operate only — 

            (a)         for a specified period; or

            (b)         in specified circumstances.

        (6)         The Director may approve of more than one person as a manager of any licensed premises at any one time.

        (7)         The regulations may modify the operation of this section for the purposes of the approval of a person as a manager in respect of an occasional licence.

        [Section 35B inserted by No. 12 of 1998 s. 22; amended by No. 73 of 2006 s. 29.]