LIQUOR CONTROL ACT 1988 - SECT 94
LIQUOR CONTROL ACT 1988 - SECT 94
94 . Surrendering licences
(1) A person who is
the holder of a licence or who is under section 86 authorised to carry on the
business of a licensee may, by notice in writing to the Director, give notice
of intention to surrender the licence and that licence —
(a)
shall be deemed to be surrendered; and
(b)
shall cease to have effect,
on such date as is, in
a notice of acceptance of the surrender given by the Director to that person,
specified as the date of surrender.
(2) The surrender of a
licence does not affect liabilities incurred by the licensee under this Act up
to the date of surrender.
(3) The Director shall
not give notice of acceptance of a surrender unless the Director is satisfied
—
(a)
except where the licence is a club licence, that the written consent of every
person entitled to any freehold interest in the licensed premises has been
sought; and
(b) in
the case of a club licence, that —
(i)
the members of the club at a duly convened general
meeting of members; or
(ii)
where no such meeting is convened, any trustees of the
club,
have by a majority
resolution consented to the surrender, or that the surrender is otherwise
appropriate; and
(c) in
all other cases, that so far as is practicable the consent of every person
entitled to any interest in the licensed premises has been sought; and
(d) in
all cases, that so far as is practicable the consent of every person entitled
to any interest in the licensed premises under —
(i)
a lease; or
(ii)
a mortgage, charge or security affecting the premises,
has been sought,
and that, except where
reasonable cause is shown why a consent can not and should not be required to
be obtained, all the persons of whom consent has been sought have so
consented.
(4) In subsection (3),
a reference to an interest includes an interest in possession, reversion or
remainder.