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.]