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LIQUOR CONTROL ACT 1988 - SECT 49

LIQUOR CONTROL ACT 1988 - SECT 49

49 .         Club licence, pre-requisites for grant of

        (1)         Subject to this section, the licensing authority shall not grant a club licence unless the applicant satisfies the licensing authority —

            (a)         that the applicant is a society, club, institution or other body of persons which —

                  (i)         is incorporated or deemed to be incorporated under the Associations Incorporation Act 2015 or some other written law; or

                  (ii)         is a body to which Schedule 2 applies or otherwise is of such a size or nature that it is appropriate that the body should be licensed notwithstanding that it is unincorporated, subject to the licence being held for the applicant by a trustee,

                and that it comprises a body of persons (in this Act referred to as a club ) associated by reason of a common interest of the kind referred to in section 37(1)(c)(i); and

            (b)         that the club has been, or in a case where the applicant is formed by the amalgamation of 2 or more clubs each of them has been, well managed for a period of not less than 12 months prior to the application; and

            (c)         that the rules of the club are of a kind appropriate for the purposes of a club seeking to be licensed, having regard to the terms and conditions of the licence sought.

        (2)         Where the Director finds that the rules of an applicant club are not adequate to give effect to the requirements of this Act, the licensing authority may —

            (a)         adjourn the hearing of the application to enable the rules to be varied; or

            (b)         grant the application subject to a condition requiring amendment of the rules.

        [(3), (4)         deleted]

        (5)         Notwithstanding any other provision of this section or of section 48, Schedule 2 has effect in relation to —

            (a)         the Anzac Club; and

            (b)         the Air Force Association (Western Australia Division) Club,

                respectively.

        (6)         Where a club licence is held by a body which was not previously incorporated under the Associations Incorporation Act 2015 , on a copy of a certificate of incorporation under that Act being lodged with the Director by the Secretary of the club with the consent of the trustee the licence shall be vested in the incorporated body and shall be varied accordingly.

        [Section 49 amended: No. 12 of 1998 s. 32; No. 73 of 2006 s. 39; No. 30 of 2015 s. 232; No. 9 of 2018 s. 26.]