LIQUOR CONTROL ACT 1988 - SECT 38

LIQUOR CONTROL ACT 1988 - SECT 38

38 .         Some applications not to be granted unless in the public interest

        (1)         Subsection (2) applies to —

            (a)         an application for the grant or removal of a licence of a kind prescribed; or

            (b)         an application for a permit of a kind prescribed; or

            (c)         any other application to which the Director decides it is appropriate for subsection (2) to apply.

        (2)         An applicant who makes an application to which this subsection applies must satisfy the licensing authority that granting the application is in the public interest.

        (3)         For the purposes of subsection (2), the applicant must provide to the licensing authority —

            (a)         any prescribed document or information; and

            (b)         any other document or information reasonably required by the licensing authority for those purposes.

        (4)         Without limiting subsection (2), the matters the licensing authority may have regard to in determining whether granting an application is in the public interest include —

            (a)         the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor; and

            (b)         whether the amenity, quiet or good order of the locality in which the licensed premises or proposed licensed premises are, or are to be, situated might in some manner be lessened; and

            (c)         whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the licensed premises or proposed licensed premises; and

            (ca)         any effect the granting of the application might have in relation to tourism, or community or cultural matters; and

            (d)         any other prescribed matter.

        (5)         If an application referred to in subsection (1)(a) is not granted because the licensing authority is not satisfied that granting the application is in the public interest, an application for the grant or removal of a licence in respect of the same premises or land cannot be made within 3 years after the licensing authority’s decision unless the Director certifies that the proposed application is of a kind sufficiently different from the application that was not granted.

        (6)         A decision by the Director under subsection (1)(c) or (5) in relation to an application is not subject to review under section 25.

        (7)         If subsection (2) applies to an application, the Director may publish the following on the Department’s website —

            (a)         the application;

            (b)         any document or information provided under subsection (3) in relation to the application.

        [Section 38 inserted: No. 73 of 2006 s. 33; amended: No. 56 of 2010 s. 40; No. 9 of 2018 s. 20.]