Print PageFind ComponentFind LegislationHistory ON
Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  19 Sep 2014
Consolidated as at:  Sessional

41. Powers of Commissioner to suspend licence

      (1) If the Commissioner is satisfied that a licensee –

(a) has failed to comply with an obligation under Division 5 (obligations of licensees); or

(b) has been guilty of an offence under Division 6 (offences); or

(c) has allowed the licensed premises to be used so as to cause undue disturbance or annoyance to –

(i) people living or working in the neighbourhood of the premises; or

(ii) customers or clients of any business in the neighbourhood of the premises; or

(iii) people attending a place of worship or a school in the neighbourhood of the premises; or

(iv) people lawfully on the premises –

the Commissioner may give the licensee a written notice requiring the licensee to comply with a direction specified in the notice.

      (2) If a licensee fails to comply with a direction specified in a notice given in accordance with subsection (1) the Commissioner may, by written notice served on the licensee, suspend the licence of the licensee in respect of –

(a) the whole or any part of the premises; or

(b) all or any of the activities authorized by the licence to be carried on on the premises –

for such period, not exceeding 3 months, as the Commissioner considers appropriate.

      (3) If the Commissioner gives notice under subsection (2) suspending a liquor licence the Commissioner shall, at the same time, inform the licensee of the licensee's right to appeal to the Board against the suspension of the licence.

      (4) The suspension of a liquor licence under this section takes effect when notice of the suspension is served on the licensee or on such later date as is specified in the notice.

      (5) The Commissioner may revoke a suspension under subsection (2) at any time by notice served on the licensee.

      (6) Without prejudice to a licensee's obligation to comply with a notice given in accordance with subsection (1), the licensee may at any time appeal to the Board against any requirement specified in the notice.

      (7) If an appeal under this section against the suspension of a licence in respect of the whole or part of the licensed premises is received by the Board it shall within 7 working days of receiving notice of the appeal under section 212(1) sit to hear the appeal.