LIQUOR CONTROL ACT 1988 - SECT 87

LIQUOR CONTROL ACT 1988 - SECT 87

87 .         Protection orders, grant and term of etc.

        (1)         Where —

            (a)         a licensee ceases to occupy, or to carry on business in, licensed premises, and the owner, lessor or mortgagee of the licensed premises applies within 28 days thereafter; or

            (b)         the operation of a licence is suspended and a person satisfies the Director that loss is thereby likely to result if an order is not granted under this section; or

            (c)         a person, being a person who is authorised to carry on the business of a licensee under section 86 but who wishes to carry on that business for a period in excess of 28 days, applies within that period of 28 days; or

            (d)         following the occurrence of the death of a licensee or other disability or event referred to in section 86, an application for a transfer of a licence is intended to be made or remains to be determined, and the proposed transferee applies; or

            (e)         the local government of a district that is situate in a rural area applies on the ground that a hotel or liquor store serving the local community has ceased to carry on business,

                the Director may, on payment of the prescribed fee and on such conditions as the Director thinks fit, grant to the applicant, or to a nominee of the applicant approved by the Director, an authorisation, in this Act referred to as a protection order , to sell liquor and to carry on the business of the licensee, or former licensee, on or from the licensed premises as if that person were the licensee, if the Director is satisfied on the information before the licensing authority that there is nothing that would have precluded the grant of approval to a transfer to that applicant.

        (2)         A protection order —

            (a)         takes effect on the date specified in the order; and

            (b)         ceases to have effect —

                  (i)         on the expiry of such period of not more than 6 months, or where subsection (1)(e) applies 12 months, as is specified in the order; or

                  (ii)         on the licensing authority approving the transfer of the licence in respect of the premises to which the order relates, or on the surrender or the cancellation of that licence; or

                  (iii)         on the granting of a new licence in respect of those premises; or

                  (iv)         on the coming into force of a protection order for the premises superseding that previous order; or

                  (v)         on the date specified in a notice given under subsection (7),

                whichever first happens,

                and whilst it continues in force this Act applies to the holder as if that person were the holder of a licence.

        (3)         A protection order may be made for any premises so as to supersede a previous protection order if the Director is satisfied that —

            (a)         the person granted the previous protection order consents to its being superseded by —

                  (i)         a subsequent order granted to that person, whether on the same or different terms or conditions; or

                  (ii)         an order granted to some other person who is entitled by subsection (1);

                or

            (b)         during the period the order has had effect no application has been made for a transfer of the licence or the grant of a new licence in respect of the premises, and that the person granted the previous protection order —

                  (i)         does not propose or is not qualified so to apply; or

                  (ii)         is for any reason unable to carry on business under the protection order,

                and some other person entitled by subsection (1) applies for an order.

        (4)         The Director shall cause a memorandum of the terms of, and conditions imposed on, a protection order to be endorsed on the licence to which it relates.

        (5)         Where the operation of a licence is suspended and a person is granted a protection order in respect of the premises to which that licence related, all moneys due under this Act (including any moneys that may have fallen due during any period when the operation of the licence concerned was suspended, or it was not in force, and which would not have been payable had the protection order not been made) shall, unless the Director otherwise requires or consents, be payable under that order as though the licence had remained in force and had been held by the person who is the holder of the protection order.

        (6)         Where more than one person claims the right to carry on the business of a licensee under a licence or applies for a protection order in respect of the same licence, the Director shall determine the matter and may —

            (a)         suspend the operation of the licence; or

            (b)         grant a protection order to such applicant or claimant as the Director approves.

        (7)         A protection order granted under subsection (1)(c) may be cancelled by notice in writing given by the Director to the holder specifying a date on which it is to cease to have effect, where the Director is satisfied that the licensee of the licence to which the order relates is no longer under the disability which occasioned the granting of the order.

        [Section 87 amended: No. 14 of 1996 s. 4; No. 12 of 1998 s. 60; No. 73 of 2006 s. 62.]