Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An application to
the licensing authority for the grant of a licence, for approval to the
transfer of a licence, or for a permit to be issued, shall not be granted by
the licensing authority unless the licensing authority is
satisfied —
(a) if
the applicant, or one of the applicants, is a natural person or a body
corporate — that the person is a fit and proper person to be a
licensee of the premises to which the application relates;
(b) if
the applicant, or one of the applicants, is a body
corporate —
(i)
that each person who occupies a position of authority in
the body corporate is a fit and proper person to occupy that position in a
body corporate that is a licensee of the premises to which the application
relates; and
(ii)
that the conduct of business at the premises is, or will
be, personally supervised and managed in accordance with section 100;
(c) if
the applicant is an unincorporated body of persons who will not be joint
holders of the licence —
(i)
that the persons have a common interest of a political,
literary, sporting, social or other lawful nature and that the sale of liquor
is incidental to, and not the primary purpose of, so associating; and
(ii)
that a trustee is, or will be, appointed in accordance
with section 35A;
(d) that
each person directly or indirectly interested in the application or in the
business, or the profits or proceeds of the business, to be carried on under
the licence or permit is a fit and proper person to be so interested;
(e) in
the case of an application for —
(i)
an occasional licence; or
(ii)
a special facility licence or an extended trading permit
where the licensing authority determines that the requirements, or some of the
requirements, of paragraph (f) would not be appropriate,
that the liquor will
not be sold or consumed in a place or on premises unsuitable for the purpose;
and
(f)
except where paragraph (e) applies —
(i)
that the premises to which the application relates are,
or when constructed will be, of a sufficient standard and suitable for the
proper conduct of the business to be carried on there;
(ii)
as to the matters referred to in subsection (2); and
(iii)
as to the matters referred to in any certificate required
to be produced under section 39 or section 40.
(2) On any application
the licensing authority may require to be satisfied that any approval, consent
or exemption required —
(a)
under the law relating to planning to permit the use of the premises for the
sale of liquor; and
(b)
under any written law, for the carrying out of building work that is to be
carried out before the licence or permit sought takes effect,
has been obtained.
(3) An application
shall not be granted where the licensing authority is satisfied that an undue
degree of offence, annoyance, disturbance or inconvenience
to —
(a)
persons who reside or work in the vicinity of the place or premises to which
the application relates; or
(b)
persons in, or travelling to or from, an existing or proposed place of public
worship, hospital or school,
would be likely to
occur.
(4) Where a manager of
premises which must, under section 100, be supervised and managed by a
manager resigns or for any other reason ceases so to act, and there is then no
person approved under section 35B as a manager of the premises or
appointed under section 100(3) to manage the premises —
(a) in
the case of a company, the directors;
(b) in
the case of a body corporate other than a company, the committee of
management; and
(c) in
any case, a trustee or such other persons as may be responsible for the
conduct of the affairs of that body,
are jointly and
severally liable for the conduct of business under the licence and for the
licensed premises until such time as another person is appointed as a manager
approved by the licensing authority.
(5) Every licence,
other than a club restricted licence or an occasional licence, is subject to
the condition that the licensee occupies, and retains a right to occupy, the
licensed premises to the exclusion of others, and —
(a) an
application for the grant or removal of such a licence shall not be granted
unless the licensing authority is satisfied that the applicant can, or on the
grant of the application will be enabled to, comply with that condition; and
(b) if
the licensee ceases to occupy the licensed premises, whether or not to the
exclusion of others, the interest of the licensee in the licence terminates.
(6) The condition
referred to in subsection (5) continues to apply to a licence during any
period that the operation of the licence is suspended.
[Section 37 amended by No. 12 of 1998
s. 23; No. 73 of 2006 s. 30.]