LIQUOR CONTROL ACT 1988 - SECT 62

LIQUOR CONTROL ACT 1988 - SECT 62

62 .         Uncompleted premises, conditional grant or removal in case of

        (1)         This section applies to an application —

            (a)         for a licence in respect of premises; or

            (b)         for the removal of a licence to premises, whether or not to be dealt with at the same time as a related application for the transfer of the licence,

                if, at the date of the final hearing of that application, those premises are uncompleted.

        (2)         Where this section applies to an application and the licensing authority is satisfied that a licence of the class sought in the application, or the removal of a licence to the premises, as the case may be, should be granted to the applicant in relation to the premises on conditions relating to the completion of the premises, the licensing authority shall grant the licence or removal to the applicant subject to those conditions.

        (3)         A conditional grant of a licence or removal shall not be made under this section unless the applicant has submitted —

            (a)         plans and specifications for the proposed premises; or

            (b)         a plan sufficient to identify the site of the premises together with a description (in which particular emphasis is given to any part of those premises to be used for the sale or consumption of liquor or for related services or amenities) sufficient to give a general indication of the proposed size and character of the proposed premises.

        (4)         A conditional grant of a licence or removal under this section shall include —

            (a)         if full plans and specifications were not submitted by the applicant in accordance with subsection (3)(a), a condition that they be submitted within 12 months after the conditional grant; and

            (b)         a condition that the premises be completed in accordance with the plans and specifications submitted by the applicant; and

            (c)         a condition that the holder of the licence conditionally granted or removed apply on or before a specified day (the required day ) for confirmation of the grant.

        (5)         A conditional grant of a licence or removal under this section may be made subject to such further conditions as the licensing authority thinks fit including conditions —

            (a)         that the premises shall be completed in accordance with specified plans or specifications, or subject to specified modifications; or

            (b)         as to a specified manner, or sequence, of the completion of the premises; or

            (c)         requiring the applicant to enter into a bond, with or without sureties, conditional on the completion to the satisfaction of the licensing authority of specified work within a specified time; or

            (d)         that the grant will be cancelled if the licensing authority is not satisfied as to any specified matter to which section 39 or 40 refers or as to public safety or fire precautions; or

            (e)         that a transfer of the licence to a designated person be effected in a manner approved by the licensing authority.

        (6)         On an application by the holder of a licence conditionally granted or removed under this section, the licensing authority may —

            (a)         vary any plans or specifications the subject of a condition; or

            (b)         otherwise vary any conditions to which the licence is subject, including a condition imposed under subsection (4).

        (7)         Where full plans and specifications are submitted in accordance with the condition imposed under subsection (4)(a), the licensing authority may —

            (a)         vary or add to the conditions of the grant of the licence or removal under this section as it thinks fit; or

            (b)         cancel or suspend the operation of the conditional grant,

                if it is not satisfied that the existing conditions are appropriate in relation to the plans and specifications.

        (8)         If the licensing authority determines that premises when completed, or likely to be completed, do not or will not substantially comply with any condition imposed or are so significantly altered that the existing conditions of the grant are inappropriate, the licensing authority may at its discretion cancel or suspend the operation of the licence conditionally granted or removed and require the applicant to make a fresh application, which shall be subject to any objection that may then be made.

        (9)         If the holder of a licence conditionally granted or removed under this section applies for confirmation of the grant, and the licensing authority is satisfied that the conditions of the grant have been satisfactorily complied with, it shall confirm the grant or removal of the licence.

        (10)         If the holder of a licence conditionally granted or removed under this section fails to apply for confirmation of the grant, the Director may cancel the licence without notice.

        (11)         Notwithstanding section 37(5)(b), where the licensing authority makes a conditional grant of a removal under this section, it may also authorise the licensee to cease to occupy the premises from which the licence is to be removed without losing the interest in the licence until the grant is confirmed in accordance with this section.

        [Section 62 inserted: No. 12 of 1998 s. 42.]