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LIQUOR CONTROL ACT 1988 - SECT 69

LIQUOR CONTROL ACT 1988 - SECT 69

69 .         Advertising, referring, investigating and intervening in applications

        (1)         Every notice of application must be lodged with the Director.

        (2)         The Director must give to the applicant sufficient directions to enable the application to be advertised in accordance with any requirement under section 67(1).

        (3)         Every advertisement required under section 67(1) and every notice of application displayed under section 67(5) shall be in a form approved by the Director and contain a statement that notices of intention to object to the application should be lodged with the Director by a date specified by the Director and set out in that advertisement or notice.

        (4)         Except where an application relates to land or premises the subject of a licence which is held by the applicant and is to be surrendered if that application is granted, or where in other particular circumstances the Director determines that it is not appropriate, the Director may —

            (a)         refer any relevant particulars as to the applicant or the application to the Commissioner of Police; and

            (b)         if the application is for the grant or removal of a hotel licence, nightclub licence, casino liquor licence, special facility licence or liquor store licence, and the local government of the district in which the premises or proposed premises are, or are proposed to be, situated, or of any adjoining district appearing to the Director to be likely to have an interest, so requests, give to that local government a copy of the application and of any plans or specifications which accompany it.

        [(5)         deleted]

        (6)         The Commissioner of Police —

            (a)         is authorised to cause such investigation or inquiry to be made as may be necessary into the background and antecedents of any applicant or person thought by the licensing authority or by an authorised officer to be likely to be interested in an application; and

            (b)         is required, upon the licensing authority requesting a report of that kind, to cause a report to be provided to the licensing authority —

                  (i)         as to the background, antecedents, character and reputation of any person; and

                  (ii)         as to any disqualification under this Act or the repealed Act that may relate to any person,

                who is a person thought by the licensing authority or an authorised officer to be likely to be interested in an application; and

            (c)         may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations —

                  (i)         as to whether or not any person is a fit and proper person; or

                  (ii)         on the question of whether, if a particular application were granted, public disorder or disturbance would be likely to result; or

                  (iii)         as to the interest that any person may have in a licence; or

                  (iv)         as to any other matter relevant to the public interest.

        (7)         A local government to which subsection (4)(b) refers may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations —

            (a)         as to whether premises are suitable to be, or to continue to be, licensed or the subject of a permit; and

            (b)         as to whether a proposed alteration to, or redefinition of, licensed premises should be approved; and

            (c)         on the question of whether, if a particular application were granted, persons who reside, work or worship in the vicinity would be likely to suffer undue offence, annoyance, disturbance or inconvenience,

                and may submit a report to the licensing authority on those matters.

        (8)         A person authorised by the local government may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations in relation to the requirements of —

            (a)         the Health (Miscellaneous Provisions) Act 1911 ; or

            (aa)         the Food Act 2008 ; or

            (b)         any written law relating to sewerage or drainage; or

            (c)         the Local Government Act 1995 or the Building Act 2011 , in so far as that Act relates to health matters,

                and may submit a report to the licensing authority on those matters.

(8AA)         The chief executive officer appointed under the Western Australian Tourism Commission Act 1983 section 17 may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations —

            (a)         as to whether any tourism benefits might result if a particular application is granted; and

            (b)         as to any other matter relevant to the proper development of the tourism industry in the State.

        (8a)         The Chief Health Officer —

            (a)         is required, on the licensing authority requesting a report of that kind in relation to an application, to cause a report to be provided to the licensing authority as to any matter arising from the application that relates to the relevant matters; and

            (b)         may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations in relation to the relevant matters.

        (8b)         In subsection (8a) —

        relevant matters means the harm or ill-health caused to people, or any group of people, due to the use of liquor, and the minimisation of that harm or ill-health.

        (9A)         The Chief Health Officer may authorise a person in writing to act on his or her behalf for the purposes of subsection (8a)(b) only if the person is —

            (a)         a medical practitioner who is registered under the Health Practitioner Regulation National Law (WA) Act 2010 in the medical profession; and

            (b)         employed or engaged in the department principally assisting the Minister in the administration of the Health (Miscellaneous Provisions) Act 1911 .

        (9)         On an application relating to a club licence, a person to whom section 70 applies may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations in relation to matters to which that section refers.

        (10)         The licensing authority shall —

            (a)         cause any plans or specifications submitted to the licensing authority to be examined as to their adequacy and suitability and, where they relate to existing premises, accuracy; and

            (b)         cause inquiry to be made into the suitability of any place or premises used, or proposed to be used, for purposes to which this Act applies,

                and may take into account any report on those matters made at its request to the licensing authority.

        (11)         The Director may intervene in any proceedings before the Commission, including proceedings relating to a decision or determination made by the Director, and may introduce evidence, make representations and examine or cross-examine any witness, on any question or matter.

        (12)         A person, other than the Director, who proposes to intervene in proceedings under this section, must lodge with, and in a form approved by, the Director, a notice giving particulars of the nature of and reasons for the proposed intervention, not later than the last day on which objections should be lodged or, with leave of the licensing authority, before the day appointed for the hearing of the application.

        (13)         A person who intervenes in any proceedings —

            (a)         may, unless the licensing authority certifies that that person has no interest in the application other than that of providing argument or fact to enable the licensing authority to reach an informed decision, be held on any appeal to have thereby become a party to the proceedings; and

            (b)         may be made a respondent to any appeal.

        (14)         If a notice of application is not listed for an initial hearing within 12 months of the date of lodgement —

            (a)         it shall not be listed thereafter without the approval of the licensing authority; and

            (b)         except where that approval is given, may be struck out by the Director.

        [Section 69 amended: No. 14 of 1996 s. 4; No. 12 of 1998 s. 10(9) and 48; No. 73 of 2006 s. 50; No. 43 of 2008 s. 148(3); No. 56 of 2010 s. 29 and 46; No. 24 of 2011 s. 165(3); No. 35 of 2015 s. 11; No. 19 of 2016 s. 101 and 164; No. 9 of 2018 s. 39.]