Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
Subsection (2) applies to —
(a) an
application for the grant or removal of a licence; 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 purpose 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) the
impact on the amenity of the locality in which the licensed premises, or
proposed licensed premises are, or are to be, situated; 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
(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.
[Section 38 inserted by No. 73 of 2006
s. 33.]